Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Demand Letter Transparency Act of
2013''.

SEC. 2. DEMAND LETTER DISCLOSURE REQUIREMENT.

    (a) Amendment.--Chapter 26 of title 35, United States Code, is
amended by adding at the end the following new section:
``Sec. 263. Disclosure of Information Related to Patent Ownership
    ``(a) Demand Letter Disclosure.--Any entity that sends 20 or more
demand letters during any 365-day period shall, not later than the
disclosure deadline, submit to the Patent and Trademark Office with
respect to each patent that was the subject in each such letter the
following:
            ``(1) Identification of the patent and confirmation that
        the entity that sent the letter is the owner of the patent (or
        a representative of such person) and is the last recorded
        entity in the records of the Patent and Trademark Office for
        purposes of assignment, grant, or conveyance under this
        chapter.
            ``(2) Identification of the entity that has the right to
        license the patent or, in the case of a patent already
        exclusively licensed, the name of the exclusive licensee.
            ``(3) Identification of each entity asserting a claim with
        regard to a patent in such letter in accordance with subsection
        (b).
            ``(4) Identification of each obligation to license the
        patent on reasonable and nondiscriminatory terms, including a
        copy of each letter of assurance to each standard-setting
        organization with respect to such obligation, and the financial
        terms, including the rate, at which such patent has been
        licensed pursuant to such obligation.
            ``(5) Identification of the ultimate parent entity of such
        entity.
            ``(6) Identification of the number of entities that
        received a demand letter from the entity that sent the letter.
            ``(7) Identification of any case that has been filed by
        such entity relating to each such patent, including the docket
        number and the court in which the case was filed.
            ``(8) Identification of any ex parte review under chapter
        30 or inter partes review under chapter 31 of such patent.
            ``(9) Any required registration fee established with regard
        to this section.
    ``(b) Information Not Readily Accessible.--An entity required to
disclose the information described under subsection (a) shall include
with such disclosure a description of any information described under
subsection (a) that is not disclosed, why such undisclosed information
was not readily accessible, and the efforts made by such entity to
access such undisclosed information.
    ``(c) Identification.--
            ``(1) Publicly traded.--For purposes of subsection (a)(3),
        if the entity to be identified is owned or controlled by a
        corporation traded on a public stock exchange, an
        identification of the publicly traded corporation and the
        public stock exchange shall be sufficient.
            ``(2) Not publicly traded.--For purposes of subsection
        (a)(3), if the entity to be identified is not owned or
        controlled by a publicly traded corporation, the information
        shall identify--
                    ``(A) in the case of a partnership, the name and
                address of each partner or other entity, holding more
                than a 5 percent share of that partnership;
                    ``(B) in the case of a corporation, the location of
                incorporation and the name of each officer of the
                corporation;
                    ``(C) in the case of an entity that is directly or
                indirectly controlled by another entity, the name and
                address of the entity and each other entity, and the
                name, address, location of incorporation, and each
                officer or partner of the entity and each other entity;
                and
                    ``(D) for each individual, the name and address of
                that individual.
            ``(3) Number of demand letters.--The requirement under
        subsection (a)(6) shall be updated regularly by the Director.
    ``(d) Failure To Comply.--
            ``(1) Monetary sanctions.--Any entity that does not meet
        the requirements of this section with regard to a patent or the
        disclosure requirements with respect to a demand letter under
        section 264 may be subject to monetary sanctions by a court in
        an action brought by such entity with regard to infringement or
        validity of such patent, for an amount to be awarded to the
        adverse party that covers any cost incurred by the adverse
        party resulting from the failure of such entity to meet the
        requirements of this section, including any reasonable cost
        incurred by such adverse party to discover the correct and
        complete information described under subsection (a) with regard
        to such patent, unless such sanctions would be unjust.
            ``(2) Award of damages or fees.--A court in a case
        involving monetary sanctions described in paragraph (1)--
                    ``(A) may not award treble damages under the second
                undesignated paragraph of section 284 or attorney's
                fees under section 285 to the entity described in
                paragraph (1), unless the denial of such damages or
                fees would be manifestly unjust; and
                    ``(B) shall consider good faith mistakes in a
                relevant demand letter when calculating attorneys fees
                under section 285 and damages under section 284.
    ``(e) Ongoing Duty To Correct or Supplement.--An entity described
in subsection (a) shall update any filing made pursuant to such
subsection with correct information not later than 20 days after any
change in the information described under subsection (a).
    ``(f) Exemption.--This section shall not apply to any of the
following:
            ``(1) The original inventor or joint inventor.
            ``(2) An institution of higher education (as that term is
        defined in section 101 of the Higher Education Act of 1965 (20
        U.S.C. 1001)).
            ``(3) A technology transfer organization whose primary
        purpose is to facilitate the commercialization of technology
        developed by one or more institutions of higher education.
    ``(g) Definitions.--In this section:
            ``(1) Demand letter.--The term `demand letter' means any
        written communication directed to an unaffiliated third party
        stating or indicating, directly or indirectly, that the
        intended recipient or anyone affiliated with that recipient is
        or may be infringing a patent, or may bear liability or owe
        compensation to another because of such patent.
            ``(2) Disclosure deadline.--The term `disclosure deadline'
        means the lesser of 30 days after the 20th demand letter is
        sent or 15 days before the earliest date of compliance
        described in the 20th demand letter.
            ``(3) Ultimate parent entity.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), the term `ultimate parent entity' has
                the meaning given such term in section 801.1(a)(3) of
                title 16, Code of Federal Regulations, or any successor
                regulation.
                    ``(B) Modification of definition.--The Director may
                modify the definition of `ultimate parent entity' by
                regulation.''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 26 of title 35, United States Code, is amended by adding at the
end the following new item:

``263. Disclosure of Information Related to Patent Ownership.''.
    (c) Regulations.--The Director may promulgate such regulations as
are necessary to establish a registration fee in an amount sufficient
to recover the estimated costs of administering section 263 of title
35, United States Code, as added by subsection (a), to facilitate the
collection and maintenance of the information required by such section,
and to ensure the timely disclosure of such information to the public.
    (d) Demand Letter Database.--
            (1) Establishment.--Not later than 180 days after the date
        of the enactment of this Act, the Director, in consultation
        with the Attorney General and the Federal Trade Commission,
        shall establish a publicly accessible and searchable database
        of the information obtained pursuant to section 263 of title
        35, United States Code, as added by subsection (a), to be
        maintained at and updated by the Office.
            (2) Protection of information.--The Director shall allow
        recipients of a demand letter (as such term is defined under
        section 263(g), as added by subsection (a)) to request the
        redaction of the company name, company-specific information, or
        any other company information from the database described in
        paragraph (1).

SEC. 3. DEMAND LETTER REQUIREMENT.

    (a) Amendment.--Chapter 26 of title 35, United States Code, as
amended by section 2(a), is amended by adding at the end the following
new section:
``Sec. 264. Requirements for patent infringement demand letters
    ``(a) In General.--Any entity sending a demand letter shall include
in any demand letter sent to another entity the following:
            ``(1) An identification of each patent that is or may be
        allegedly infringing.
            ``(2) An identification of each claim of each patent
        identified under paragraph (1) that is allegedly infringed.
            ``(3) For each claim identified under paragraph (2), an
        identification of each accused apparatus, product, feature,
        device, method, system, process, function, act, service, or
        other instrumentality (referred to in this section as an
        `accused instrumentality') alleged to infringe the claim.
            ``(4) For each accused instrumentality identified under
        paragraph (3), an identification with particularity, if known,
        of--
                    ``(A) the name or model number of each accused
                instrumentality; and
                    ``(B) the name of each accused method, system,
                process, function, act, or service, or the name or
                model number of each apparatus, product, feature, or
                device that, when used, allegedly results in the
                practice of the claimed invention.
            ``(5) For each accused instrumentality identified under
        paragraph (3), an explanation of--
                    ``(A) where each element of each asserted claim
                identified under paragraph (2) is found within the
                accused instrumentality;
                    ``(B) whether each such element is infringed
                literally or under the doctrine of equivalents; and
                    ``(C) with detailed specificity, how the terms in
                each asserted claim identified under paragraph (2)
                correspond to the functionality of the accused
                instrumentality.
            ``(6) For each claim that is alleged to have been infringed
        indirectly, a description of--
                    ``(A) the direct infringement;
                    ``(B) any person alleged to be a direct infringer
                known to the party alleging infringement; and
                    ``(C) the acts of the alleged indirect infringer
                that contribute to or are inducing the direct
                infringement.
            ``(7) A description of the right of the party alleging
        infringement to assert each--
                    ``(A) patent identified under paragraph (1); and
                    ``(B) patent claim identified in paragraph (2).
            ``(8) A description of the principal business of the party
        alleging infringement.
            ``(9) A list of each complaint filed, of which the party
        alleging infringement has knowledge, that asserts or asserted
        any of the patents identified under paragraph (1).
            ``(10) Identification of any case that has been filed by
        such entity relating to each patent identified under paragraph
        (1), including the docket number and the court in which the
        case was filed.
            ``(11) Identification of any ex parte review under chapter
        30 or any inter partes review under chapter 31 for each patent
        identified under paragraph (1).
            ``(12) For each patent identified under paragraph (1),
        whether such patent is subject to any licensing term or pricing
        commitments through any agency, organization, standard-setting
        body, or other entity or community.
            ``(13) The identity of any person other than the party
        alleging infringement, known to the party alleging
        infringement, who--
                    ``(A) owns or co-owns a patent identified under
                paragraph (1);
                    ``(B) is the assignee of a patent identified under
                paragraph (1); or
                    ``(C) is an exclusive licensee to a patent
                identified under paragraph (1).
            ``(14) The identity of any person other than the party
        alleging infringement, known to the party alleging
        infringement, who has a legal right to enforce a patent
        identified under paragraph (1) through a civil action under any
        Act of Congress relating to patents or is licensed under such
        patent.
            ``(15) The identity of any person with a direct financial
        interest in the outcome of the action, including a right to
        receive proceeds, or any fixed or variable portion thereof.
            ``(16) A description of any agreement or other legal basis
        for a financial interest described in paragraph (13).
            ``(17) A description of how the recipient of the demand
        letter can access the demand letter database of the Patent and
        Trademark Office.
            ``(18) At the bottom of such letter, a clear statement of
        the following: `You are not required to respond to this letter
        by law.'.
    ``(b) Information Not Readily Accessible.--An entity required to
disclose the information described under subsection (a) shall include
with such disclosure a description of any information described under
subsection (a) that is not disclosed, why such undisclosed information
was not readily accessible, and the efforts made by such entity to
access such undisclosed information.
    ``(c) Demand Letter Defined.--In this section, the term `demand
letter' shall have the meaning given that term under section 263(g).''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 26 of title 35, United States Code, as amended by section 2(b),
is amended by adding at the end the following new item:

``264. Requirements for patent infringement demand letters.''.

SEC. 4. PENALTIES.

    (a) Amendment.--Chapter 26 of title 35, United States Code, as
amended by sections 2(a) and 3(a), is amended by adding at the end the
following new section:
``Sec. 265. Penalties
    ``(a) Disclosure of Information to the Patent and Trademark Office
Violation.--Any entity that receives a demand letter and that believes
the requirements under section 263 have not been met with respect to
such patent may submit to the Office in writing a petition--
            ``(1) describing the requirements that have not been met
        under section 263; and
            ``(2) anything else the Director determines to be
        necessary.
    ``(b) Demand Letter Requirement Violation.--Any entity that
receives a demand letter that does not meet the requirements described
under section 264 may submit to the Office in writing a petition--
            ``(1) describing the requirements that have not been
        included in such letter; and
            ``(2) anything else the Director determines to be
        necessary.
    ``(c) Notice of Intent To Abandon.--If the Office determines that
the requirements of section 263 or 264 have not been met with respect
to a patent, the Office shall notify the patent owner that the patent
will be voided unless a fee is paid not later than 3 months after the
date on which the notification is sent. The Director may accept the
payment of any fee required by this subsection if the delay is shown to
the satisfaction of the Director to have been unintentional or
unavoidable. The Director shall consider good faith mistakes in the
determination of whether to void a patent under this section.
    ``(d) Demand Letter Defined.--In this section, the term `demand
letter' shall have the meaning given that term under section 263(g).''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 26 of title 35, United States Code, as amended by sections 2(b)
and 3(b), is amended by adding at the end the following new item:

``265. Penalties.''.
    (c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Director shall establish, by regulation, a
fee for filing a petition under section 265 in such amounts as the
Director determines to be reasonable.

SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.

    (a) Enforcement.--A violation of section 263 or 264 of title 35,
United States Code, as added by sections 2 and 3, respectively, shall
be treated as a violation of a rule defining an unfair or deceptive act
or practice under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)). The Commission shall enforce such rules
in the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this section. Any entity who violates this section shall be subject to
the penalties and entitled to the privileges and immunities provided in
the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
    (b) Rule of Construction.--Nothing in this section shall be
construed--
            (1) to limit the authority of the Federal Trade Commission
        under any other provision of law; or
            (2) except as specifically provided in this section to
        provide the Federal Trade Commission with any additional
        authority.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Under
        Secretary of Commerce for Intellectual Property and Director of
        the United States Patent and Trademark Office.
            (2) Office.--The term ``Office'' means the United States
        Patent and Trademark Office.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall take effect upon the
expiration of the 6-month period beginning on the date of the enactment
of this Act and shall apply to an entity that sends a demand letter (as
such term is defined under section 263(g) of title 35, United States
Code, as added by section 2(a)) on or after that date.

Output: Demand Letter Transparency Act of 2013 - Requires any entity that sends a specified number of demand letters during any 365-day period to submit to the U.S. Patent and Trademark Office (USPTO), with respect to each patent that was the subject in each letter, a disclosure identifying:  the patent, including a confirmation that the entity that sent the letter is the owner of the patent and is the last recorded entity in USPTO records for purposes of assignment, grant, or conveyance; the entity that has the right to license the patent or the name of the exclusive licensee; each entity asserting a claim with regard to the patent; each obligation to license the patent and the financial terms at which such patent has been licensed; the ultimate parent entity of such entity; the number of recipients of the letter;  any case that has been filed by such entity relating to such patent; and any ex parte review or inter partes review of such patent.  Defines "demand letter" as any written communication directed to an unaffiliated third party stating or indicating that the intended recipient, or anyone affiliated with that recipient, is or may be infringing a patent, or may bear liability or owe compensation to another because of such patent. Authorizes a court, in a patent infringement or validity action brought by an entity that does not meet such USPTO disclosure requirements, to sanction such entity for an amount to be awarded to the adverse party to cover any costs incurred as a result of such violation. Exempts from such disclosure requirements: (1) original or joint inventors, (2) institutions of higher education, and (3) technology transfer organizations facilitating the commercialization of technology developed by institutions of higher education.  Directs the USPTO to establish a publicly accessible and searchable database of the information obtained pursuant to such disclosures. Requires any demand letter sent to another entity to include specified information concerning:  each claim of each patent allegedly infringed, including each accused instrumentality; each party alleging infringement; the direct infringement for each claim alleged to have been infringed indirectly; the principal business of the party alleging infringement; each complaint filed that asserts or asserted any of the same patents, each case filed by such entity, and any ex parte or inter partes review for each patent; whether the patent is subject to any licensing term or pricing commitments; owners, co-owners, assignees, or exclusive licensees of the patent; any person who has a legal right to enforce the patent; any person with a direct financial interest in the outcome of the action; and  how the recipient can access the USPTO demand letter database.  Permits a recipient of a demand letter to file a petition with the USPTO if it believes that disclosure or patent letter information requirements have not been met. Directs the USPTO, if it determines that a requirement has not been met, to notify the patent owner that the patent will be voided unless a fee is paid.  Requires the USPTO to consider good faith mistakes in the determination of whether to void a patent.  Directs the Federal Trade Commission (FTC) to enforce a violation of this Act as an unfair or deceptive act or practice.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Temporary Bankruptcy Judgeships
Extension Act of 2011''.

SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN
              JUDICIAL DISTRICTS.

    (a) Temporary Office of Bankruptcy Judges Authorized by Public Law
109-8.--
            (1) Extensions.--The temporary office of bankruptcy judges
        authorized for the following districts by section 1223(b) of
        Public Law 109-8 (28 U.S.C. 152 note) are extended until the
        applicable vacancy specified in paragraph (2) in the office of
        a bankruptcy judge for the respective district occurs:
                    (A) The central district of California.
                    (B) The eastern district of California.
                    (C) The district of Delaware.
                    (D) The southern district of Florida.
                    (E) The southern district of Georgia.
                    (F) The district of Maryland.
                    (G) The eastern district of Michigan.
                    (H) The district of New Jersey.
                    (I) The northern district of New York.
                    (J) The southern district of New York.
                    (K) The eastern district of North Carolina.
                    (L) The eastern district of Pennsylvania.
                    (M) The middle district of Pennsylvania.
                    (N) The district of Puerto Rico.
                    (O) The district of South Carolina.
                    (P) The western district of Tennessee.
                    (Q) The eastern district of Virginia.
                    (R) The district of Nevada.
            (2) Vacancies.--
                    (A) Single vacancies.--Except as provided in
                subparagraphs (B), (C), (D), and (E), the 1st vacancy
                in the office of a bankruptcy judge for each district
                specified in paragraph (1)--
                            (i) occurring more than 5 years after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (B) Central district of california.--The 1st, 2d,
                and 3d vacancies in the office of a bankruptcy judge
                for the central district of California--
                            (i) occurring 5 years or more after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (C) District of delaware.--The 1st, 2d, 3d, and 4th
                vacancies in the office of a bankruptcy judge for the
                district of Delaware--
                            (i) occurring more than 5 years after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (D) Southern district of florida.--The 1st and 2d
                vacancies in the office of a bankruptcy judge for the
                southern district of Florida--
                            (i) occurring more than 5 years after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (E) District of maryland.--The 1st, 2d, and 3d
                vacancies in the office of a bankruptcy judge for the
                district of Maryland--
                            (i) occurring more than 5 years after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
            (3) Applicability of other provisions.--Except as provided
        in paragraphs (1) and (2), all other provisions of section
        1223(b) of Public Law 109-8 (28 U.S.C. 152 note) remain
        applicable to the temporary office of bankruptcy judges
        referred to in paragraph (1).
    (b) Temporary Office of Bankruptcy Judges Extended by Public Law
109-8.--
            (1) Extensions.--The temporary office of bankruptcy judges
        authorized by section 3 of the Bankruptcy Judgeship Act of 1992
        (28 U.S.C. 152 note) and extended by section 1223(c) of Public
        Law 109-8 (28 U.S.C. 152 note) for the district of Delaware,
        the district of Puerto Rico, and the eastern district of
        Tennessee are extended until the applicable vacancy specified
        in paragraph (2) in the office of a bankruptcy judge for the
        respective district occurs.
            (2) Vacancies.--
                    (A) District of delaware.--The 5th vacancy in the
                office of a bankruptcy judge for the district of
                Delaware--
                            (i) occurring more than 5 years after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (B) District of puerto rico.--The 2d vacancy in the
                office of a bankruptcy judge for the district of Puerto
                Rico--
                            (i) occurring more than 5 years after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
                    (C) Eastern district of tennessee.--The 1st vacancy
                in the office of a bankruptcy judge for the eastern
                district of Tennessee--
                            (i) occurring more than 5 years after the
                        date of the enactment of this Act, and
                            (ii) resulting from the death, retirement,
                        resignation, or removal of a bankruptcy judge,
                shall not be filled.
            (3) Applicability of other provisions.--Except as provided
        in paragraphs (1) and (2), all other provisions of section 3 of
        the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) and
        section 1223(c) of Public Law 109-8 (28 U.S.C. 152 note) remain
        applicable to the temporary office of bankruptcy judges
        referred to in paragraph (1).
    (c) Temporary Office of the Bankruptcy Judge Authorized by Public
Law 102-361 for the Middle District of North Carolina.--
            (1) Extension.--The temporary office of the bankruptcy
        judge authorized by section 3 of the Bankruptcy Judgeship Act
        of 1992 (28 U.S.C. 152 note) for the middle district of North
        Carolina is extended until the vacancy specified in paragraph
        (2) occurs.
            (2) Vacancy.--The 1st vacancy in the office of a bankruptcy
        judge for the middle district of North Carolina--
                    (A) occurring more than 5 years after the date of
                the enactment of this Act, and
                    (B) resulting from the death, retirement,
                resignation, or removal of a bankruptcy judge,
        shall not be filled.
            (3) Applicability of other provisions.--Except as provided
        in paragraphs (1) and (2), all other provisions of section 3 of
        the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note)
        remain applicable to the temporary office of the bankruptcy
        judge referred to in paragraph (1).

SEC. 3. BANKRUPTCY FILING FEE.

    (a) Bankruptcy Filing Fee.--Section 1930(a)(3) of title 28, United
States Code, is amended by striking ``$1,000'' and inserting
``$1,042''.
    (b) Expenditure Limitation.--Incremental amounts collected by
reason of the enactment of subsection (a) shall be deposited in a
special fund in the Treasury to be established after the date of
enactment of this Act. Such amounts shall be available for the purposes
specified in section 1931(a) of title 28, United States Code, but only
to the extent specifically appropriated by an Act of Congress enacted
after the date of enactment of this Act.
    (c) Effective Date.--This section shall take effect 180 days after
the date of enactment of this Act.

            Passed the House of Representatives December 6, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
Temporary Bankruptcy Judgeships Extension Act of 2011 - (Sec. 2) Extends the temporary office of 30 bankruptcy judgeships authorized or extended under the Bankruptcy Judgeship Act of 1992 and Bankruptcy Judgeship Act of 2005 until applicable vacancies identified in this Act occur in the office of a bankruptcy judge for specified districts in California, Delaware, Florida, Georgia, Maryland, Michigan, New Jersey, New York, North Carolina, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Virginia, and Nevada.

Prohibits filling specified bankruptcy judge vacancies in such districts occurring more than five years after enactment of this Act and resulting from the death, retirement, resignation, or removal of a bankruptcy judge (thus extending the lapse date under current law by five years).

(Sec. 3) Increases by a specified amount the bankruptcy filing fee for a case commenced under chapter 11 (Reorganization) that does not concern a railroad. Requires that certain incremental amounts collected by reason of such increased fees be: (1) deposited in a special fund in the Treasury; and (2) made available to offset funds appropriated for the operation and maintenance of U.S. courts, but only to the extent specifically appropriated by an Act enacted after enactment of this Act.

Reduces the percentage of such fees to be deposited as offsetting collections to the U.S. Trustee System Fund (funds available to the Attorney General for operations of U.S. trustees). Increases the percentage of chapter 7 (Liquidation) and 13 (Adjustment of Debts of an Individual with Regular Income) fees to be deposited as offsetting receipts to remain available to the Judiciary for expenses, services, and administration of U.S. courts.

(Sec. 4) Requires Judiciary Committees of the House and Senate, prior to further reauthorization of any judgeship authorized by this Act, to: (1) conduct a review of the bankruptcy judgeships authorized by this Act to determine the need for continued reauthorization of each judgeship; (2) evaluate any changes in all bankruptcy case filings and the effect on filing fee revenue; and (3) require the Administrative Office of the Courts to submit a report on bankruptcy case workload, bankruptcy judgeship costs, and filing fee revenue.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frank Adelmann Manufactured Housing
Community Sustainability Act''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) more than 17 million people live in manufactured homes,
        benefitting from high-quality affordable homes that can provide
        them stability;
            (2) owners of manufactured homes are disproportionately
        low-income households: in 2013, the median annual household
        income for those living in manufactured housing was $28,400;
            (3) about 75 percent of manufactured home households earn
        less than $50,000;
            (4) over 10 percent of United States veterans live in
        manufactured homes;
            (5) in the late 1990s, manufactured housing represented
        two-thirds of the new affordable housing produced in the United
        States, and it remains the largest source of unsubsidized
        affordable housing in the country;
            (6) as of 2015, the average cost per square foot for a new
        manufactured home was $48, less than half the $101 per square
        foot of the structure-only cost of a new site-built home;
            (7) in 2009, 43 percent of all new homes that sold for less
        than $150,000 were manufactured homes;
            (8) manufactured homes accounts for 23 percent of new home
        sales under $200,000;
            (9) more than 50,000 manufactured home communities, or
        ``mobile home parks'', exist throughout the United States;
            (10) more than 2.9 million manufactured homes are placed in
        manufactured home communities;
            (11) manufactured home communities provide critical
        affordable housing but receive very little local, State, or
        Federal funds subsidizing the cost of these homes;
            (12) manufactured home owners in communities may own the
        home, but they do not own the land under their homes, leaving
        them vulnerable to rent increases, arbitrary rule enforcement,
        and even closure of the community if the community owner
        decides to convert the land to some other use;
            (13) eviction or closure of manufactured home communities
        is very disruptive to residents who may be unable to pay the
        thousands of dollars it takes to move their home or even find a
        new location for their home;
            (14) in the past two decades, a national network of housing
        providers has helped residents purchase and own the land and
        manage the community in order to preserve a crucial source of
        affordable housing;
            (15) nationwide, there are more than 1,000 of these stable,
        permanent ownership cooperatives or nonprofit-owned
        developments in more than a dozen States;
            (16) members continue to own their own homes individually
        and an equal share of the land beneath the entire neighborhood
        where everyone has a say in the way the resident-owned
        community is run, and major decisions are made by democratic
        vote by a member-elected board of directors;
            (17) in New Hampshire, more than 20 percent of manufactured
        home communities are owned by residents;
            (18) in Vermont, Massachusetts, Rhode Island, Washington,
        Oregon, and Minnesota, resident-owned cooperatives and
        nonprofit ownership have flourished;
            (19) nationwide, only 2 percent of all manufactured home
        communities are resident- or nonprofit-owned;
            (20) owners are frequently reluctant to sell the community
        because they would prefer to pass the property on to their
        heirs tax free and avoid capital gains taxes;
            (21) when the owner dies, the heirs frequently sell the
        community to the highest bidder resulting in displacement for
        dozens and sometimes hundreds of families; and
            (22) a Federal tax benefit needs to be established to
        induce owners to sell to residents they have known for decades
        or to nonprofit organizations in order to preserve the
        community for years to come.

SEC. 3. TAX CREDIT FOR MANUFACTURED HOME COMMUNITY SALE TO RESIDENTS OR
              NONPROFIT ENTITY.

    (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. 45S. MANUFACTURED HOME COMMUNITY SALE TO RESIDENTS OR NONPROFIT
              ENTITY.

    ``(a) Allowance of Credit.--For purposes of section 38, the
manufactured home community sale credit determined under this section
for any taxable year is an amount equal to 75 percent of the qualified
gain received by the taxpayer during the taxable year.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Qualified gain.--The term `qualified gain' means gain
        from the sale or exchange of real property to a qualified
        manufactured home community cooperative or corporation if--
                    ``(A) the real property is acquired for use as a
                manufactured home community, and
                    ``(B) the requirements of paragraph (2) are met.
            ``(2) Requirements.--The requirements of this paragraph are
        met if--
                    ``(A) the seller (or any related person) owned the
                property for not less than the 2-year period ending
                before the sale or exchange, and
                    ``(B) the property is transferred subject to a
                binding covenant that the property will be used as a
                manufactured home community for not less than 50 years.
            ``(3) Manufactured home community.--The term `manufactured
        home community' means a community comprised primarily of
        manufactured homes used solely for residential purposes and
        owned by a manufactured home community cooperative or
        corporation.
            ``(4) Manufactured home community cooperative or
        corporation.--
                    ``(A) In general.--The term `qualified manufactured
                home community cooperative or corporation' means a
                cooperative or a nonprofit corporation established
                pursuant to the laws of the State in which the property
                used as a manufactured home community is located and
                which--
                            ``(i) in the case of a community owned by a
                        nonprofit corporation whose membership
                        interests are sold on a nonappreciating basis,
                        has only one class of membership consisting of
                        residents, and
                            ``(ii) in the case of a community owned by
                        a cooperative, has no more than two classes of
                        membership, which includes both members and a
                        tax-exempt organization actively engaged in
                        supporting affordable housing and resident-
                        owned manufactured home communities.
                    ``(B) Governance.--An entity shall not be treated
                as a qualified manufactured home community cooperative
                or corporation for purposes of subparagraph (A) unless
                governance of the entity is carried out by members
                elected to a board of directors with voting structured
                equitably among all members.
                    ``(C) Member.--The term `member' means--
                            ``(i) an individual--
                                    ``(I) has attained the age of 18,
                                    ``(II) is entitled by reason of the
                                individual's membership interest to
                                execute an occupancy agreement with the
                                manufactured home community cooperative
                                nonprofit with respect to one site in
                                the manufactured home community for the
                                purposes of situating a manufactured
                                home owned by the member or, as
                                permitted by the manufactured community
                                cooperative or corporation, the
                                member's trust or other entity, and
                                    ``(III) is a resident of the
                                manufactured home community, and
                            ``(ii) a tax exempt organization.
            ``(5) Membership interest.--The term `membership interest'
        means an ownership interest in a manufactured home community
        cooperative or corporation or a membership interest in a
        manufactured home community nonprofit corporation.
            ``(6) Manufactured home.--The term `manufactured home'
        means a structure, transportable in one or more sections,
        which--
                    ``(A) in the traveling mode, is 8 body feet or more
                in width and 40 body feet or more in length, or when
                erected on site, is 320 square feet or more,
                    ``(B) is built on a permanent chassis and designed
                to be used as a dwelling (with or without a permanent
                foundation when connected to required utilities) and
                includes plumbing, heating, and electrical heating
                systems, and
                    ``(C) in the case of a structure manufactured after
                June 15, 1976, is certified as meeting the Manufactured
                Home Construction and Safety Standards issued under the
                National Manufactured Housing Construction and Safety
                Standards Act of 1974 (42 U.S.C. 5401-5426) by the
                Department of Housing and Urban Development and
                displays a label of such certification on the exterior
                of each transportable section.
    ``(c) Special Rules.--
            ``(1) Related person.--For purposes of subsection
        (b)(2)(A), a person (hereafter in this subparagraph referred to
        as the `related person') is related to the seller if--
                    ``(A) the related person bears a relationship to
                the seller specified in section 267(b) or 707(b)(1), or
                    ``(B) the related person and the seller are engaged
                in trades or businesses under common control (within
                the meaning of subsections (a) and (b) of section 52).
            ``(2) Election by both seller and buyer.--The credit is
        allowable under this section only if--
                    ``(A) elected by both the seller and the buyer of
                the real property and evidenced by an affidavit
                executed by both parties, and
                    ``(B) the buyer of the real property records the
                affidavit and the affidavit is referenced in its deed
                to the real property.
        The seller shall elect the credit under this section on its
        return of tax.
    ``(d) Tax Upon Violation of Covenant.--There is imposed a tax on
the buyer for a violation of the covenant specified in subsection
(b)(2)(B). The amount of such tax shall be 20 percent of the net
proceeds after settlement for the sale or exchange of the real property
referred to in subsection (b)(2). For purposes of section 501(a), the
tax imposed by this subsection shall not be treated as a tax imposed by
this subtitle.
    ``(e) Regulations.--The Secretary shall issue such regulations or
other guidance as may be necessary to carry out this section, including
the recapture of the tax benefit under this section in any case in
which the real property described in subsection (b) is not used as a
manufactured home community for at least 50 years.''.
    (b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
            ``(37) the manufactured home community sale credit
        determined under section 45S(a).''.
    (c) Conforming Amendments.--
            (1) Subsection (c) of section 196 of such Code is amended
        by striking ``and'' at the end of paragraph (13), by striking
        the period at the end of paragraph (14) and inserting ``,
        and'', and by adding at the end the following new paragraph:
            ``(15) the manufactured home community sale credit
        determined under section 45S(a).''.
            (2) The table of sections for subpart D of part IV of
        subchapter A of chapter 1 of such Code is amended by adding at
        the end the following new item:

``Sec. 45S. Manufactured home community sale to residents or nonprofit
                            entity.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2017.

Output: Frank Adelmann Manufactured Housing Community Sustainability Act  This bill amends the Internal Revenue Code to allow a business-related tax credit equal to 75% of the gain from the sale or exchange of real property to a qualified manufactured home community cooperative or corporation if: (1) the property is acquired for use as a manufactured home community, (2) the seller (or any related person) owned the property for at least two years before the sale or exchange, and (3) the property is transferred subject to a binding covenant that the property will be used as a manufactured home community for at least 50 years.  A "qualified manufactured home community cooperative or corporation" is a cooperative or a nonprofit corporation established pursuant to the laws of the state in which the property is located. The bill specifies membership and governance requirements for the communities owned by the cooperative or nonprofit corporation. The bill also imposes a tax on buyers who violate the covenant to use the property for manufactured housing for at least 50 years.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Assured Compensation for First
Responders Act''.

SEC. 2. ASSURED COMPENSATION FOR FIRST RESPONDERS INJURED BY
              EXPERIMENTAL VACCINES AND DRUGS.

    (a) Repeal.--The Public Readiness and Emergency Preparedness Act
(division C of the Department of Defense, Emergency Supplemental
Appropriations to Address Hurricanes in the Gulf of Mexico, and
Pandemic Influenza Act, 2006 (Public Law 109-148)) is repealed.
    (b) National Biodefense Injury Compensation Program.--
            (1) Establishment.--Section 224 of the Public Health
        Service Act (42 U.S.C. 233) is amended by adding at the end the
        following:
    ``(q) Biodefense Injury Compensation Program.--
            ``(1) Establishment.--There is established the Biodefense
        Injury Compensation Program (referred to in this subsection as
        the `Compensation Program') under which compensation may be
        paid for death or any injury, illness, disability, or condition
        that is likely (based on best available evidence) to have been
        caused by the administration of a covered countermeasure to an
        individual pursuant to a declaration under subsection (p)(2).
            ``(2) Administration and interpretation.--The statutory
        provisions governing the Compensation Program shall be
        administered and interpreted in consideration of the program
        goals described in paragraph (4)(B)(iii).
            ``(3) Procedures and standards.--The Secretary shall by
        regulation establish procedures and standards applicable to the
        Compensation Program that follow the procedures and standards
        applicable under the National Vaccine Injury Compensation
        Program established under section 2110, except that the
        regulations promulgated under this paragraph shall permit a
        person claiming injury or death related to the administration
        of any covered countermeasure to file either--
                    ``(A) a civil action for relief under subsection
                (p); or
                    ``(B) a petition for compensation under this
                subsection.
            ``(4) Injury table.--
                    ``(A) Inclusion.--For purposes of receiving
                compensation under the Compensation Program with
                respect to a countermeasure that is the subject of a
                declaration under subsection (p)(2), the Vaccine Injury
                Table under section 2114 shall be deemed to include
                death and the injuries, disabilities, illnesses, and
                conditions specified by the Secretary under
                subparagraph (B)(ii).
                    ``(B) Injuries, disabilities, illnesses, and
                conditions.--
                            ``(i) Institute of medicine.--Not later
                        than 30 days after making a declaration
                        described in subsection (p)(2), the Secretary
                        shall enter into a contract with the Institute
                        of Medicine, under which the Institute shall,
                        within 180 days of the date on which the
                        contract is entered into, and periodically
                        thereafter as new information, including
                        information derived from the monitoring of
                        those who were administered the countermeasure,
                        becomes available, provide its expert
                        recommendations on the injuries, disabilities,
                        illnesses, and conditions whose occurrence in
                        one or more individuals are likely (based on
                        best available evidence) to have been caused by
                        the administration of a countermeasure that is
                        the subject of the declaration.
                            ``(ii) Specification by secretary.--Not
                        later than 30 days after the receipt of the
                        expert recommendations described in clause (i),
                        the Secretary shall, based on such
                        recommendations, specify those injuries,
                        disabilities, illnesses, and conditions deemed
                        to be included in the Vaccine Injury Table
                        under section 2114 for the purposes described
                        in subparagraph (A).
                            ``(iii) Program goals.--The Institute of
                        Medicine, under the contract under clause (i),
                        shall make such recommendations, the Secretary
                        shall specify, under clause (ii), such
                        injuries, disabilities, illnesses, and
                        conditions, and claims under the Compensation
                        Program under this subsection shall be
                        processed and decided taking into account the
                        following goals of such program:
                                    ``(I) To encourage persons to
                                develop, manufacture, and distribute
                                countermeasures, and to administer
                                covered countermeasures to individuals,
                                by limiting such persons' liability for
                                damages related to death and such
                                injuries, disabilities, illnesses, and
                                conditions.
                                    ``(II) To encourage individuals to
                                consent to the administration of a
                                covered countermeasure by providing
                                adequate and just compensation for
                                damages related to death and such
                                injuries, disabilities, illnesses, or
                                conditions.
                                    ``(III) To provide individuals
                                seeking compensation for damages
                                related to the administration of a
                                countermeasure with a non-adversarial
                                administrative process for obtaining
                                adequate and just compensation.
                            ``(iv) Use of best available evidence.--The
                        Institute of Medicine, under the contract under
                        clause (i), shall make such recommendations,
                        the Secretary shall specify, under clause (ii),
                        such injuries, disabilities, illnesses, and
                        conditions, and claims under the Compensation
                        Program under this subsection shall be
                        processed and decided using the best available
                        evidence, including information from adverse
                        event reporting or other monitoring of those
                        individuals who were administered the
                        countermeasure, whether evidence from clinical
                        trials or other scientific studies in humans is
                        available.
                            ``(v) Application of section 2115.--With
                        respect to section 2115(a)(2) as applied for
                        purposes of this subsection, an award for the
                        estate of the deceased shall be--
                                    ``(I) if the deceased was under the
                                age of 18, an amount equal to the
                                amount that may be paid to a survivor
                                or survivors as death benefits under
                                the Public Safety Officers' Benefits
                                Program under subpart 1 of part L of
                                title I of the Omnibus Crime Control
                                and Safe Streets Act of 1968 (42 U.S.C.
                                3796 et seq.); or
                                    ``(II) if the deceased was 18 years
                                of age or older, the greater of--
                                            ``(aa) the amount described
                                        in subclause (I); or
                                            ``(bb) the projected loss
                                        of employment income, except
                                        that the amount under this item
                                        may not exceed an amount equal
                                        to 400 percent of the amount
                                        that applies under item (aa).
                            ``(vi) Application of section 2116.--
                        Section 2116(b) shall apply to injuries,
                        disabilities, illnesses, and conditions
                        initially specified or revised by the Secretary
                        under clause (ii), except that the exceptions
                        contained in paragraphs (1) and (2) of such
                        section shall not apply.
                    ``(C) Rule of construction.--Section 13632 (a)(3)
                of Public Law 103-66 (107 Stat. 646) (making revisions
                by Secretary to the Vaccine Injury Table effective on
                the effective date of a corresponding tax) shall not be
                construed to apply to any revision to the Vaccine
                Injury Table made under regulations under this
                paragraph.
            ``(5) Application.--The Compensation Program applies to any
        death or injury, illness, disability, or condition that is
        likely (based on best available evidence) to have been caused
        by the administration of a covered countermeasure to an
        individual pursuant to a declaration under subsection (p)(2).
            ``(6) Special masters.--
                    ``(A) Hiring.--In accordance with section 2112, the
                judges of the United States Claims Court shall appoint
                a sufficient number of special masters to address
                claims for compensation under this subsection.
                    ``(B) Budget authority.--There are appropriated to
                carry out this subsection such sums as may be necessary
                for fiscal year 2006 and each fiscal year thereafter.
                This subparagraph constitutes budget authority in
                advance of appropriations and represents the obligation
                of the Federal Government.
            ``(7) Covered countermeasure.--For purposes of this
        subsection, the term `covered countermeasure' has the meaning
        given to such term in subsection (p)(7)(A).
            ``(8) Funding.--Compensation made under the Compensation
        Program shall be made from the same source of funds as payments
        made under subsection (p).''.
            (2) Effective date.--This subsection shall take effect as
        of November 25, 2002 (the date of enactment of the Homeland
        Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)).

Output:
Assured Compensation for First Responders Act - Repeals the Public Readiness and Emergency Preparedness Act (Division C of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006).

Amends the Public Health Service Act to establish the Biodefense Injury Compensation Program to provide compensation for death or any injury, illness, disability, or condition that is likely to have been caused by the administration of a covered countermeasure pursuant to a declaration by the Secretary of Health and Human Services that an actual or potential bioterrorist incident or public health emergency makes such administration to a category of individuals advisable.

Requires the Secretary: (1) after making such a declaration, to enter into a contract for the Institute of Medicine to provide its recommendations on the injuries, disabilities, illnesses, and conditions likely to have been caused by the countermeasure; and (2) after receiving such recommendations, to specify those injuries, disabilities, illnesses, and conditions deemed to be included in the Vaccine Injury Table.

Sets the effective date for such Program as November 25, 2002.


Input:
SECTION 1. CREDIT TO HOLDERS OF INDIAN TRIBAL PRISON FACILITY BONDS.

    (a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by adding at the end the following new subpart:

 ``Subpart H--Nonrefundable Credit for Holders of Indian Tribal Prison
                             Facility Bonds

                              ``Sec. 54. Credit to holders of Indian
                                        tribal prison facility bonds.

``SEC. 54. CREDIT TO HOLDERS OF INDIAN TRIBAL PRISON FACILITY BONDS.

    ``(a) Allowance of Credit.--In the case of a taxpayer who holds an
Indian tribal prison facility bond on a credit allowance date of such
bond which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year an
amount equal to the sum of the credits determined under subsection (b)
with respect to credit allowance dates during such year on which the
taxpayer holds such bond.
    ``(b) Amount of Credit.--
            ``(1) In general.--The amount of the credit determined
        under this subsection with respect to any Indian tribal prison
        facility bond is the amount equal to the product of--
                    ``(A) the credit rate determined by the Secretary
                under paragraph (2) for the month in which such bond
                was issued, multiplied by
                    ``(B) the face amount of the bond held by the
                taxpayer on the credit allowance date.
            ``(2) Determination.--During each calendar month, the
        Secretary shall determine a credit rate which shall apply to
        bonds issued during the following calendar month. The credit
        rate for any month is the percentage which the Secretary
        estimates will permit the issuance of Indian tribal prison
        facility bonds without discount and without interest cost to
        the issuer.
    ``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
            ``(1) the sum of the regular tax liability (as defined in
        section 26(b)) plus the tax imposed by section 55, over
            ``(2) the sum of the credits allowable under this part
        (other than this subpart and subpart C).
    ``(d) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section
(determined without regard to subsection (c)) and the amount so
included shall be treated as interest income.
    ``(e) Indian Tribal Prison Facility Bond.--For purposes of this
part, the term `Indian tribal prison facility bond' means any bond
issued as part of an issue if--
            ``(1) 95 percent or more of the proceeds of such issue are
        to be invested in investment grade obligations and the proceeds
        from such investment are used for the construction,
        acquisition, rehabilitation, expansion, or operating expanses
        of a qualified Indian tribal prison facility,
            ``(2) the bond is issued by the Indian tribe within the
        jurisdiction of which such facility is located,
            ``(3) the bond is issued pursuant to a plan developed by
        the Indian tribe,
            ``(4) the issuer designates such bond for purposes of this
        section,
            ``(5) the term of each bond which is part of such issue
        does not exceed 10 years, and
            ``(6) no amount of proceeds of such issue (including
        proceeds from any investment under paragraph (1)) may be used
        to pay the costs of issuance to the extent such amount exceeds
        2 percent of the sale proceeds of such issue.
    ``(f) Qualified Indian Tribal Prison Facility.--For purposes of
this section, the term `qualified Indian tribal prison facility' means
any residential correctional or detention facility located on the
qualified Indian land of the issuing Indian tribe substantially all of
the inmates of which are adult or juvenile members of such Indian
tribe.
    ``(g) Limitation on Amount of Bonds Designated; Allocation of
Bonds.--
            ``(1) National limitation.--There is an Indian tribal
        prison facility bond limitation for each calendar year. Such
        limitation is--
                    ``(A) $200,000,000 for 2005,
                    ``(B) $200,000,000 for 2006,
                    ``(C) $200,000,000 for 2007, and
                    ``(D) except as provided in paragraph (3), zero
                thereafter.
            ``(2) Allocation of bonds.--
                    ``(A) In general.--The Secretary, after
                consultation with the Secretary of the Interior, shall
                allocate the Indian tribal prison facility bond
                limitation among those Indian tribes which submit a
                plan which contains a description of the proposed use
                of investment proceeds, assurances that such proceeds
                will be used only for such use, a proposed expenditure
                schedule, information relevant to the criteria
                described in subparagraph (B), and any other
                information determined appropriate by the Secretary.
                    ``(B) Approval criteria.--In allocating the
                limitation among plan requests of Indian tribes under
                subparagraph (A), the Secretary shall consider--
                            ``(i) the percentage of prison overcrowding
                        in excess of the facility occupancy level as
                        determined by the Bureau of Indian Affairs,
                            ``(ii) the condition of existing
                        facilities,
                            ``(iii) the health and safety of both
                        inmates and prison employees,
                            ``(iv) the type of offenders incarcerated,
                        and
                            ``(v) other financial resources available
                        to the Indian tribe.
            ``(3) Carryover of unused issuance limitation.--If for any
        calendar year the limitation amount imposed by paragraph (1)
        exceeds the amount of Indian tribal prison facility bonds
        issued during such year, such excess shall be carried forward
        to one or more succeeding calendar years as an addition to the
        limitation imposed by paragraph (1) and until used by issuance
        of such bonds.
    ``(h) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Credit allowance date.--The term `credit allowance
        date' means, with respect to any issue, the last day of the 1-
        year period beginning on the date of the issuance of such issue
        and the last day of each successive 1-year period thereafter.
            ``(2) Bond.--The term `bond' includes any obligation.
            ``(3) Indian tribe.--The term `Indian tribe' has the
        meaning given such term by section 7871(c)(3)(E)(ii).
            ``(4) Qualified indian lands.--The term `qualified Indian
        lands' has the meaning given such term by section
        7871(c)(3)(E)(i).
            ``(5) Partnership; s corporation; and other pass-thru
        entities.--In the case of a partnership, trust, S corporation,
        or other pass-thru entity, rules similar to the rules of
        section 41(g) shall apply with respect to the credit allowable
        under subsection (a).
            ``(6) Bonds held by regulated investment companies.--If any
        Indian tribal prison facility bond is held by a regulated
        investment company, the credit determined under subsection (a)
        shall be allowed to shareholders of such company under
        procedures prescribed by the Secretary.
            ``(7) Reporting.--Each Indian tribe with an allocation of
        Indian tribal prison facility bonds under an approved plan
        shall submit reports similar to the reports required under
        section 149(e).''.
    (b) Conforming Amendments.--
            (1) Reporting.--Subsection (d) of section 6049 of the
        Internal Revenue Code of 1986 (relating to returns regarding
        payments of interest) is amended by adding at the end the
        following new paragraph:
            ``(8) Reporting of credit on indian tribal prison facility
        bonds.--
                    ``(A) In general.--For purposes of subsection (a),
                the term `interest' includes amounts includible in
                gross income under section 54(d) and such amounts shall
                be treated as paid on the credit allowance date (as
                defined in section 54(h)(1)).
                    ``(B) Reporting to corporations, etc.--Except as
                otherwise provided in regulations, in the case of any
                interest described in subparagraph (A), subsection
                (b)(4) shall be applied without regard to subparagraphs
                (A), (H), (I), (J), (K), and (L)(i) of such subsection.
                    ``(C) Regulatory authority.--The Secretary may
                prescribe such regulations as are necessary or
                appropriate to carry out the purposes of this
                paragraph, including regulations which require more
                frequent or more detailed reporting.''.
            (2) Treatment for estimated tax purposes.--
                    (A) Individual.--Section 6654 of such Code
                (relating to failure by individual to pay estimated
                income tax) is amended by redesignating subsection (m)
                as subsection (n) and by inserting after subsection (l)
                the following new subsection:
    ``(m) Special Rule for Holders of Indian Tribal Prison Facility
Bonds.--For purposes of this section, the credit allowed by section 54
to a taxpayer by reason of holding an Indian tribal prison facility
bond on a credit allowance date shall be treated as if it were a
payment of estimated tax made by the taxpayer on such date.''.
                    (B) Corporate.--Subsection (g) of section 6655 of
                such Code (relating to failure by corporation to pay
                estimated income tax) is amended by adding at the end
                the following new paragraph:
            ``(5) Special rule for holders of indian tribal prison
        facility bonds.--For purposes of this section, the credit
        allowed by section 54 to a taxpayer by reason of holding an
        Indian tribal prison facility bond on a credit allowance date
        shall be treated as if it were a payment of estimated tax made
        by the taxpayer on such date.''.
    (c) Clerical Amendments.--
            (1) The table of subparts for part IV of subchapter A of
        chapter 1 of the Internal Revenue Code of 1986 is amended by
        adding at the end the following new item:

                              ``Subpart H. Nonrefundable Credit for
                                        Holders of Indian Tribal Prison
                                        Facility Bonds.''.
            (2) Section 6401(b)(1) of such Code is amended by striking
        ``and G'' and inserting ``G, and H''.
    (d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2004.

Output:
Amends the Internal Revenue Code to allow a nonrefundable tax credit for investment in Indian tribal prison facility bonds. Requires that 95 percent of the proceeds of such bonds be used for the construction, acquisition, rehabilitation, expansion, or operating expenses of Indian tribal prison facilities and that the term of such bonds not exceed ten years.

Establishes a national limitation for Indian tribal prison facility bonds in 2005 through 2007, with no limitation after 2007. Allows a carryover of unused bond limitation amounts to succeeding calendar years. Directs the Secretary of the Treasury to allocate bond amounts to Indian tribes based upon specified criteria, including overcrowding, the condition of existing facilities, the health and safety of both inmates and prison employees, and other financial resources available to an Indian tribe.


Input:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``California Forest
Ecosystems Health Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Ecosystem management plans for National Forest System lands in
                            California.
Sec. 5. Process for full implementation of ecosystem management plans.
Sec. 6. Research and monitoring program.
Sec. 7. Miscellaneous requirements.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Although people have had an active part in the
        development and maintenance of forest structure and the
        condition of the National Forest System lands in the State of
        California for many years, recent forest management policies
        have often resulted in a degeneration of the forest structure
        and a loss of forest health and vigor.
            (2) The Forest Service, through the judicious use of
        ecosystem management, has an opportunity to reverse these
        forest management policies and restore the health and vigor of
        National Forest System lands in California.
            (3) Ecosystems are dynamic and in a state of constant
        change, and it is not possible to preserve a given ecosystem
        condition in a static state over a period of time.
            (4) The many and varied resources and uses of National
        Forest System lands provide both tangible and intangible
        benefits to the people of the United States.
            (5) Although management of National Forest System lands in
        California has traditionally placed first priority on the need
        to produce maximum volumes of timber, the other multiple forest
        resources and services are equally important to the people of
        California and the United States.
            (6) Ecosystem management must balance the needs of outdoor
        recreation, range, timber, watershed, fish, and wildlife, as
        required by the Multiple-Use Sustained-Yield Act of 1960 (16
        U.S.C. 528 et seq.), as well as protect soil and air quality
        and provide for forest research.
            (7) National Forest System lands in California include some
        of the most unique forest ecosystems in the world, including
        giant sequoias, coastal redwoods, and bristlecone pines.
            (8) Destructive forest fires classified by the Forest
        Service as ``intense'' have occurred in unprecedented numbers
        and size on the National Forest System lands in California in
        recent years, and these fires pose a threat to the very health
        of the forests and present a danger to human life and property.
            (9) The Forest Service, through the judicious use of
        ecosystem management, has an opportunity to reduce the
        likelihood that fires classified as ``intense'' will occur with
        such frequency and, at the same time, to improve forest vigor
        and visitor safety.
            (10) Ecosystem management that considers the needs of all
        species and their ability to interact with the presence of
        humans can integrate both the conservation needs of the many
        species of the ecosystems and the multiple use activities of
        humans.
            (11) Identification of sound management options is both a
        biological issue and a social issue, and the resulting
        management policies must be socially acceptable, ecologically
        sustainable, scientifically sound, legally responsible, and
        economically viable.
            (12) The results of management practices in local
        ecosystems can have a profound effect on the levels of demand
        for commodity outputs from other ecosystems around the world.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Adaptive management.--The term ``adaptive management''
        means the experimental and monitored application of
        scientifically derived management decisions to gain knowledge
        that is then used to improve subsequent management decisions.
            (2) Ecosystem.--The term ``ecosystem'' means a community of
        organisms and its environment that functions as a unit.
            (3) Ecosystem management.--The term ``ecosystem
        management'' means the integration of ecological, economic, and
        social factors to meet the biological needs of all associated
        organisms and human needs through diverse, healthy, and
        productive ecosystems, addressing resource supply,
        conservation, and demand as opposed to a strategy for managing
        individual species.
            (4) Ecosystem management plans.--The terms ``ecosystem
        management plans'' and ``plans'' mean the ecosystem management
        plans for National Forest System lands in the State of
        California required to be developed by section 4(a).
            (5) National forest system.--The term ``National Forest
        System'' has the meaning given that term in section 11(a) of
        the Forest and Rangeland Renewable Resources Planning Act of
        1974 (16 U.S.C. 1609(a)).
            (6) Seral stages.--The term ``seral stages'' means the
        various age or life stages of a vegetative community as it
        progresses from initial establishment toward a climax stage or
        equilibrium.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (8) Stand.--The term ``stand'' means an area within a
        forest where the trees have similar characteristics with
        respect to species composition, size, condition, and age.
            (9) Vigor.--The term ``vigor'', with respect to forest
        ecosystems, means the relative health of stands of trees and
        related vegetation, including their actual growth rates as
        compared with potential growth rates and their ability to
        protect themselves naturally from forest pests, diseases, and
        the effects of natural disaster.

SEC. 4. ECOSYSTEM MANAGEMENT PLANS FOR NATIONAL FOREST SYSTEM LANDS IN
              CALIFORNIA.

    (a) Plans Required.--Notwithstanding the planning provisions of
section 6 of the Forest and Rangeland Renewable Resources Planning Act
of 1974 (16 U.S.C. 1604), the Secretary of Agriculture shall develop
and implement ecosystem management plans pursuant to this Act to
develop and demonstrate ecosystem management, including adaptive
management techniques, for National Forest System lands described in
subsection (b).
    (b) Federal Lands Covered by Plans.--The ecosystem management plans
required by subsection (a) shall apply to all management units of the
National Forest System located in the State of California. In the case
of National Forest System lands in California that have been designated
by law for special management before the date of the enactment of this
Act, the Secretary shall incorporate into the ecosystem management
plans applicable to those lands any statutory provisions that are in
effect on such date and applicable to those lands.
    (c) Principles of Plans.--Ecosystem management plans shall embody
the following principles:
            (1) Application of management techniques that will enhance
        the health and vigor of the renewable natural resources on the
        National Forest System lands covered by the plans and provide
        for the continued protection of the soil, air, and water
        resources of these lands.
            (2) Improvement of the forest ecosystems on these lands
        toward desired forest conditions that--
                    (A) provide a mosaic of forest seral stages--
                            (i) representing a range of wildlife
                        habitats necessary to meet the needs of the
                        species indigenous to the ecosystem being
                        managed; and
                            (ii) designed in such a way as to obviate
                        the need for corridors or special management
                        areas to meet the needs of given species or
                        situations;
                    (B) minimize the danger of stand-destroying
                uncontrolled wildfire;
                    (C) increase or maintain the health and vigor of
                stands at a level that will permit the stands to resist
                naturally, to the greatest degree practicable, insect
                and disease attacks and the effects of other natural
                disasters while incorporating the concern that some
                level of dead-wood, both standing and down, is
                desirable in healthy ecosystems;
                    (D) maintain the sustainable economic well-being
                and stability of communities in areas dependent upon
                national forest resources; and
                    (E) are developed, to the extent possible, with
                consideration of the conditions that are known to have
                existed on these lands or on similar lands before the
                impacts of European settlement.
            (3) Concentration of management activities on the condition
        of the renewable resources of an ecosystem rather than on
        producing targeted outputs, with projected outputs based upon
        attainment of specific stand conditions.
            (4) Emphasis on tangible management results rather than on
        procedural standards and guidelines, but with development of
        scientifically credible monitoring standards and guidelines to
        assess both short- and long-term management results.
            (5) Except for any statutory provisions incorporated under
        subsection (b) with respect to specific lands, prohibition on
        requiring the allocation or categorization of tracts of land
        for specific preselected ecosystem management emphases.
            (6) Consideration of the habitat needs of all species
        across a broad landscape using management indicator species
        whose presence will reflect a suitable amount and distribution
        of particular habitat elements, rather than concentrating on
        the needs of single species in a limited area.
            (7) Application across the entire unreserved land base in
        such a manner as to harmonize the various multiple uses.
            (8) Incorporation of maximum flexibility in resource
        decisionmaking through the use of adaptive management.
    (d) Management to Promote Desired Forest Conditions.--
            (1) In general.--Ecosystem management under the ecosystem
        management plans shall be planned and practiced in a manner
        that--
                    (A) considers the entire landscape in a management
                unit of the National Forest System covered by a plan;
                and
                    (B) benefits, to the extent practicable, all
                renewable resources and the human resource in or
                dependent upon the management unit.
            (2) Individual projects.--Individual management projects in
        a management unit of the National Forest System covered by the
        ecosystem management plans shall be designed to provide
        multiresource benefits, promote the desired forest conditions
        described in subsection (c)(2), and achieve maximum project
        operating efficiency.
    (e) Selection of Acres for Ecosystem Management Activities.--
            (1) Minimum acres.--Ecosystem management plans shall
        specify the minimum number of acres on which ecosystem
        management activities will be applied annually in any
        management unit of the National Forest System covered by the
        plans. Such acreage shall be determined on the basis of the
        total number of acres in the management unit, the work to be
        performed across the unit as a whole during the plan period,
        and the pro rata annual acreage on which ecosystem management
        activities must be applied in order to establish and maintain
        the desired forest condition during the specified plan period.
            (2) Effect of natural disasters.--In case of natural
        disasters, such as wildfire, flood, windthrow, insect or
        disease attack, a revision of the schedule of acres to be
        treated may be granted by the Secretary in order to conduct
        restoration and rehabilitation activities on the acres affected
        by the natural disaster.
    (f) Participation in Development.--To ensure that the ecosystem
management plans are economically, scientifically, and socially
acceptable, the Secretary shall develop the plans through the use of
public involvement programs that emphasize input from residents of
local communities to be affected by the plans. The Secretary shall
continue to consult with all interested persons in evaluating or
modifying the plans.

SEC. 5. PROCESS FOR FULL IMPLEMENTATION OF ECOSYSTEM MANAGEMENT PLANS.

    (a) Implementation.--Beginning not later than January 1, 1995, the
Secretary shall begin to implement the ecosystem management plans. The
Secretary shall develop and implement the plans progressively over a
five-year period to ensure full application of all plans not later than
January 1, 2000, to all National Forest System lands described in
section 4(b). Upon implementation of an ecosystem management plan for
any portion of the lands described in such section, the plan shall
replace and supersede any land and resource management plan (or portion
of such a plan) then in effect for such lands.
    (b) Yearly Expansion.--During each year of the period specified in
subsection (a), the Secretary shall expand application of the ecosystem
management plans to contiguous areas required to be covered by such
plans, as described in section 4(b). To the extent the Secretary
considers it to be necessary, the Secretary may modify the ecosystem
management plans for each new addition in order to incorporate the
lessons gained from experience. Adaptive management shall be used to
evaluate management decisions and to develop new information to be used
to keep the plans and subsequent management decisions up-to-date.
    (c) Modification of Ecosystem Management Plans.--The Secretary
shall modify the ecosystem management plans to incorporate findings
from research, adaptive management projects, or monitoring to the
extent such findings indicate changes in the plans are necessary or
appropriate to achieve the principles described in section 4(c). Before
the end of the first two years of the period specified in subsection
(a), the Secretary shall issue regulations that set forth the process
to be used for any modification of the ecosystem management plans.
    (d) Consistency.--Resource plans and permits and other instruments
for the use and occupancy of National Forest System lands covered by an
ecosystem management plan that are executed subsequent to the
implementation date of the plan with respect to such lands shall be
consistent with the plan. If the ecosystem management plan is modified,
resource plans and permits and other instruments that are executed
subsequent to the date of the modification shall be consistent with the
modified plan. Appropriate supplemental documents under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be
prepared for those resource plans and permits, contracts, and other
instruments in existence upon adoption of the ecosystem management plan
or any modification of the plan. Any revisions in existing resource
plans and permits, contracts, and other instruments shall be consistent
with the supplemental document findings and subject to the agreement of
all contractual parties. Any revision in present or future permits,
contracts, and other instruments made pursuant to this subsection shall
be subject to valid existing rights.

SEC. 6. RESEARCH AND MONITORING PROGRAM.

    The Secretary shall describe in detail in the ecosystem management
plans and implement as part of the plans a targeted program of research
and monitoring aimed at measuring the effects of the management regimes
adopted under the plans. The Secretary shall ensure that monitoring is
sufficient to measure the responses of the various resources to
management practices and to provide a basis for adjustments of
subsequent management decisions.

SEC. 7. MISCELLANEOUS REQUIREMENTS.

    (a) Increased Use of Certified Professional Practitioners.--With
respect to National Forest System lands covered by the ecosystem
management plans, the Secretary shall endeavor to increase the amount
of field work to be done by professional practitioners certified by the
Forest Service.
    (b) Accountability Procedures.--The Secretary shall develop
accountability procedures to annually measure and inform the Congress
concerning the work (as described in section 4(e)) achieved through the
use of funds appropriated each year for National Forest System lands
covered by the ecosystem management plans. The selection of acres upon
which such work will be performed shall be controlled through the
planning process. The accountability procedures required by this
subsection shall be established and in operation before the end of the
first two years of the period specified in section 5(a) and shall be
designed to ensure the accomplishment of the work in accordance with
plan direction.
    (c) Budgetary Considerations.--The Secretary shall develop budgets
for each management unit of the National Forest System covered by
ecosystem management plans on the basis of estimated benefits to the
various resources affected by the ecosystem management activities, and
such budgets will be justified on such basis. The Secretary shall
provide the managers of these units the flexibility to accomplish over-
all objectives within over-all budgets in lieu of requiring and
preparing detailed line-item budgets for each unit of work, except that
accountability procedures developed under subsection (b) shall include
requirements for detailed explanations of expenditures and estimates of
benefits for each resource.

Output: California Forest Ecosystems Health Act - Directs the Secretary of Agriculture to develop and implement ecosystem management plans for National Forest System lands in California.