Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Manufacturers' Renewal and
Training Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) a productive manufacturing sector is essential to a
        competitive national economy;
            (2) small businesses are responsible for most new job
        creation in the United States;
            (3) small manufacturers play a critical role in maintaining
        the vitality of the manufacturing sector;
            (4) small manufacturers often do not use the most modern
        production technology;
            (5) the barriers to the adoption of modern technology by
        small manufacturers include--
                    (A) the lack of readily available sources of
                information about such technology;
                    (B) the perception that such technology is too
                costly; and
                    (C) the difficulty in attracting talented engineers
                to work for small manufacturers; and
            (6) the education of engineering students often does not
        expose such students to current industrial practices,
        especially those of small manufacturers.

SEC. 3. PURPOSE.

    It is the purpose of this Act to give undergraduate students of
engineering the opportunity to work with small manufacturing companies
in order to--
            (1) bring knowledge of modern engineering practices to
        small manufacturers, increase the recognition by small
        manufacturers of the importance of these practices, and promote
        the adoption of modern engineering practices by small
        manufacturers;
            (2) expose engineering students to the special environment
        and needs of small manufacturers, and increase the number of
        engineers who choose to work for small manufacturers;
            (3) encourage engineering colleges to devote greater
        attention to the needs of small manufacturers; and
            (4) promote the development and expansion of a community of
        technological entrepreneurs in the small manufacturing sector.

SEC. 4. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``cooperative education program'' means a
        program of cooperative education as such term is defined in
        section 801(b) of the Higher Education Act of 1965 that is
        accredited by a nationally recognized accrediting agency or
        association;
            (2) the term ``Director'' means the Director of the
        National Institute of Standards and Technology;
            (3) the term ``engineering student'' means a student
        enrolled in a program (that is accredited by a nationally
        recognized accrediting agency or association) at a college or
        university leading to a bachelor of science degree in
        engineering, mathematics or science, or an equivalent degree;
            (4) the term ``host company'' means a small manufacturer
        that hosts an intern under this Act;
            (5) the term ``Secretary'' means the Secretary of Commerce;
            (6) the term ``small manufacturer'' means a company
        employing 500 or fewer employees engaged in manufacturing,
        mining, construction, transportation, communication, or public
        utilities as defined in the Standard Industrial Classification
        Manual of 1987;
            (7) the term ``underrepresented group'' means a group of
        individuals who have been historically underrepresented in the
        engineering professions, including women, blacks, hispanics,
        and native Americans; and
            (8) the term ``United States'' means each of the 50 States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        United States Virgin Islands, Guam, American Samoa, the
        Commonwealth of Northern Mariana Islands, the Republic of the
        Marshal Islands, the Federated State of Micronesia, and the
        Republic of Palau.

SEC. 5. ESTABLISHMENT OF THE SMART PROGRAM.

    (a) SMART Program Established.--
            (1) In general.--The Director shall carry out a program of
        awarding grants to manufacturing outreach centers to enable
        such centers to carry out internship activities in accordance
        with this Act. Such program shall be known as the ``Small
        Manufacturers Renewal and Training Program'' (hereafter in this
        Act referred to as the ``SMART Program'').
            (2) Eligible entities.--For the purpose of this Act the
        term ``manufacturing outreach center'' means an organization
        engaged in technology or manufacturing extension activities,
        including a Federal, State, or local government agency or
        laboratory, a small business development center, an office
        within a college or university, a professional society, a
        worker organization, an industrial organization, or a for-
        profit or nonprofit organization.
    (b) Grant Duration and Renewal.--
            (1) Grant duration.--Grants under this Act shall be awarded
        on a multiyear basis for not more than 3 years.
            (2) Renewal.--Grants under this Act may be renewed on a
        multiyear basis for not more than 5 years per renewal.
    (c) Priority.--In awarding grants under this Act the Director shall
give a priority to a grant proposal describing internships that place
engineering students with small manufacturers that employ 100 or fewer
individuals.
    (d) Funding Limitations.--
            (1) Outreach.--Not more than 35 percent of the grant funds
        awarded to a manufacturing outreach center in the first 3 years
        that such center receives assistance under this Act shall be
        expended for outreach activities to solicit the participation
        of small manufacturers in the SMART Program. In subsequent
        years such percentage may be altered for grants that are
        renewed, subject to approval by the Secretary.
            (2) Minimum.--The Director shall award grants under this
        Act so that a manufacturing outreach center or centers in each
        State receives a grant equal to 1 percent of the amount
        appropriated pursuant to section 11 or $200,000, whichever is
        less.

SEC. 6. FEDERAL ROLE.

    (a) Role of the Director.--
            (1) In general.--In carrying out the SMART Program the
        Director shall--
                    (A) solicit and evaluate grant proposals from
                manufacturing outreach centers;
                    (B) collect information regarding the performance
                of the SMART Program, including an annual report from
                each manufacturing outreach center in accordance with
                section 7(a)(5); and
                    (C) coordinate the activities of the SMART Program
                with other programs of the Federal Government for
                manufacturing and technology extension, as appropriate.
            (2) Administrative provisions.--The Director--
                    (A) is authorized to hire such staff as the
                Director determines necessary to administer the SMART
                Program; and
                    (B) shall use not more than $500,000 or 5 percent
                of the funds appropriated pursuant to the authority of
                section 11, whichever is less, for the administrative
                expenses associated with the SMART Program.
    (b) Role of Secretary.--
            (1) Establishment of grant proposal criteria;
        preferences.--The Secretary shall establish criteria for
        evaluating proposals for grants under this Act, which criteria
        shall include a preference for proposals that describe programs
        which--
                    (A) bring together organizations with demonstrated
                commitments to--
                            (i) outreach to small manufacturers; and
                            (ii) cooperative education;
                    (B) serve regions with low economic growth and
                regions where the manufacturing sector is weak; and
                    (C) in the case of renewal grants, have
                demonstrated success in placing interns with small
                manufacturers, particularly small manufacturers that
                employ 100 or fewer employees.
            (2) Evaluation.--The Secretary shall provide a report to
        Congress evaluating the SMART Program 3 years after the date of
        enactment of this Act and at 5-year intervals thereafter.

SEC. 7. ROLE OF MANUFACTURING OUTREACH CENTERS.

    (a) In General.--Each manufacturing outreach center receiving a
grant under this Act shall use such grant funds--
            (1) to support outreach activities that solicit the
        participation of small manufacturers in the SMART Program and
        determine the eligibility of small manufacturers to serve as
        host companies;
            (2) to solicit and select engineering students to
        participate in the SMART Program on the basis of the ability
        and interest of each student in working with a small
        manufacturer;
            (3) to assist in placing selected engineering students with
        host companies as interns;
            (4) to carry out an internship program that--
                    (A) sponsors engineering students for employment as
                interns with host companies;
                    (B) provides funding to host companies--
                            (i) that is used to supplement the wage of
                        an intern by paying the Federal share of such
                        intern's wages, which Federal share shall not
                        exceed the amount paid to an employee earning
                        the Federal minimum wage for a period of not
                        less than 3 months and not more than 6 months;
                            (ii) the total amount of which does not
                        exceed the amount paid to an employee earning
                        the Federal minimum wage during the 24-month
                        period preceding the receipt of such grant; and
                            (iii) that is used to supplement the wage
                        of an intern, in accordance with this
                        subparagraph, who has completed 3 years of
                        study in the standard curriculum for a bachelor
                        of science degree in engineering, mathematics
                        or science, or an equivalent degree;
            (5) to collect information from interns, from host
        companies, and from other sources, and use such information to
        provide annual reports to the Director in accordance with
        section 6(a)(1)(B); and
            (6) to provide such training and information to interns
        regarding modern manufacturing technologies as the Director
        determines appropriate.
    (b) Placement Priority.--Each manufacturing outreach center
receiving a grant under this Act shall give a preference to placing
interns with host companies that employ 100 or fewer employees.
    (c) Proposals Required.--Each manufacturing outreach center
desiring a grant under this Act shall submit a proposal to the
Secretary at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require. Each such
proposal shall describe the activities and services for which
assistance is sought.
    (d) Cooperative Education Program Arrangements.--A manufacturing
outreach center may make arrangements with cooperative education
programs to provide an engineering student with cooperative education
work experience pursuant to this Act under which the engineering
student--
            (1) performs the outreach activities described in
        subsection (a)(1);
            (2) participates in an internship program in accordance
        with subsection (a)(4); and
            (3) may perform technology extension services for the
        manufacturing outreach center.

SEC. 8. ROLE OF HOST COMPANIES.

    A host company--
            (1) shall only be eligible to host interns in manufacturing
        operations in the United States;
            (2) shall provide such employment-related benefits to
        interns under this Act as are provided to full-time employees
        of the host company, except that health insurance may be
        provided by the college or university in which the intern is
        enrolled;
            (3) shall use the funds provided by a manufacturing
        outreach center under this Act only to pay the wages of
        interns, and may supplement those wages;
            (4) shall be eligible to receive funds from a manufacturing
        outreach center only if such host company has not participated
        in a cooperative education program;
            (5) shall provide to the manufacturing outreach center
        information on wages and benefits provided to interns,
        including the expenditure of any funds provided by such center;
        and
            (6) shall designate a supervisor for each intern, who
        shall--
                    (A) oversee the employment of that intern;
                    (B) provide to such center a brief evaluation of
                the performance of that intern; and
                    (C) provide to such center a brief evaluation of
                the value of the host company's participation in the
                SMART Program.

SEC. 9. ROLE OF INTERNS.

    Each intern shall--
            (1) work as an employee for the host company; and
            (2) provide a brief evaluation of the internship to the
        manufacturing outreach center.

SEC. 10. UNDERREPRESENTED GROUPS.

    The Director shall make every effort to solicit for participation
in the SMART Program qualified engineering students from
underrepresented groups by--
            (1) soliciting the participation of traditionally minority
        and women's engineering colleges and universities; and
            (2) encouraging all manufacturing outreach centers to
        solicit the participation of qualified engineering, mathematics
        or science students from underrepresented groups.

SEC. 11. AUTHORIZATION.

    There are authorized to be appropriated $10,000,000 for fiscal year
1994, and $25,000,000 for each of the fiscal years 1995, 1996, 1997,
and 1998, to carry out this Act.

Output:
Small Manufacturers' Renewal and Training Act of 1993 - Requires the Director of the National Institute of Standards and Technology to carry out the Small Manufacturers Renewal and Training Program for awarding grants to manufacturing outreach centers to give undergraduate engineering students the opportunity to work as interns with small manufacturing companies.
Sets forth provisions regarding:  (1) eligible entities; (2) grant duration and renewal; (3) grant priorities; and (4) funding limitations.
Requires the:  (1) Director to solicit and evaluate grant proposals from such centers, collect information regarding program performance, and coordinate Program activities with other Federal programs for manufacturing and technology extension; and (2) Secretary of Commerce to establish criteria for evaluating grant proposals.
Sets forth provisions regarding the respective roles of manufacturing outreach centers, host companies, and interns in the Program.
Requires the Director to solicit qualified engineering students from underrepresented groups for participation in the Program.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Recovery and Enhancement
Act of 2011'' or the ``CRE Act of 2011''.

SEC. 2. DEDUCTION FOR CERTAIN PAYMENTS MADE REDUCE DEBT ON COMMERCIAL
              REAL PROPERTY.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals and corporations) is amended by adding at
the end the following new section:

``SEC. 199A. DEDUCTION FOR PAYMENTS MADE TO REDUCE DEBT ON COMMERCIAL
              REAL PROPERTY.

    ``(a) In General.--There shall be allowed as a deduction an amount
equal to 50 percent of any qualified debt reduction payment made during
the taxable year by the taxpayer with respect to qualified indebtedness
on eligible commercial real property held by the taxpayer.
    ``(b) Maximum Deduction.--The deduction allowed by subsection (a)
for any taxable year shall not exceed, with respect to each eligible
commercial real property, whichever of the following amounts is the
least:
            ``(1) The amount equal to 50 percent of the excess (if any)
        of--
                    ``(A) the amount of the qualified indebtedness
                secured by such property as of the beginning of such
                taxable year (reduced by amounts required to be paid
                under the terms of the loan during such taxable year),
                over
                    ``(B) 50 percent of the fair market value of such
                property as of the close of the taxable year.
            ``(2) $10,000,000.
            ``(3) The adjusted basis of such property as of the close
        of such taxable year (determined without regard to qualified
        debt reduction payments made during the taxable year and
        depreciation for such year).
    ``(c) Eligible Commercial Real Property.--For purposes of this
section, the term `eligible commercial real property' means any
commercial real property if--
            ``(1) as of the beginning of the taxable year, the amount
        of the qualified indebtedness secured by such property is at
        least equal to 85 percent of the fair market value of the
        property, or
            ``(2) such property is, or is reasonably expected to be,
        treated as being in an in-substance foreclosure by the
        Comptroller of the Currency.
    ``(d) Qualified Debt Reduction Payment.--For purposes of this
section, the term `qualified debt reduction payment' means the amount
of cash paid by the taxpayer during the taxable year to reduce the
principal amount of qualified indebtedness of the taxpayer but only to
the extent such amount exceeds the amounts required to be paid under
the terms of the loan during such taxable year.
    ``(e) Property Held by a Partnership.--
            ``(1) In general.--In the case of property held by a
        partnership, a qualified debt reduction payment by the
        partnership may be taken into account under this section only
        if--
                    ``(A) such payment is attributable to a qualified
                equity investment made by a partner in such
                partnership, and
                    ``(B) any deduction under this section which is
                attributable to such investment is properly allocated
                to such partner under section 704(b).
            ``(2) Qualified equity investment.--For purposes of this
        section--
                    ``(A) In general.--The term `qualified equity
                investment' means any equity investment (as defined in
                section 45D(b)(6)) in a partnership if--
                            ``(i) such investment is acquired by the
                        partner at its original issue (directly or
                        through an underwriter) solely in exchange for
                        cash,
                            ``(ii) at least 80 percent of such cash is
                        used by the partnership to reduce the principal
                        amount of qualified indebtedness of the
                        partnership,
                            ``(iii) the portion of such cash not so
                        used is used by the partnership for
                        improvements to commercial real property held
                        by the partnership, and
                            ``(iv) the person or persons otherwise
                        entitled to depreciation with respect to the
                        portion of the basis of the property being
                        reduced under subsection (g)(1) consent to such
                        reduction.
                    ``(B) Redemptions.--A rule similar to the rule of
                section 1202(c)(3) shall apply for purposes of this
                paragraph.
    ``(f) Other Definitions.--For purposes of this section--
            ``(1) Qualified indebtedness.--The term `qualified
        indebtedness' means any indebtedness--
                    ``(A) which is incurred or assumed by the taxpayer
                on or before January 1, 2009, and
                    ``(B) which is secured by commercial real property
                held by the taxpayer at the time the qualified debt
                reduction equity payment is made by the taxpayer.
            ``(2) Commercial real property.--The term `commercial real
        property' means section 1250 property (as defined in section
        1250(c)); except that such term shall not include residential
        rental property (as defined in section 168(e)(2)) unless the
        building contains at least 3 dwelling units.
    ``(g) Application of Section 1250.--For purposes of determining the
depreciation adjustments under section 1250 with respect to any
property--
            ``(1) the deduction allowed by this section shall be
        treated as a deduction for depreciation, and
            ``(2) the depreciation adjustments in respect of such
        property shall include all deductions allowed by this section
        to all taxpayers by reason of reducing the debt secured by such
        property.
    ``(h) Special Rules.--
            ``(1) Basis reduction.--The basis of any property with
        respect to which any qualified debt reduction payment is made
        shall be reduced by the amount of the deduction allowed by this
        section by reason of such payment.
            ``(2) Refinancings.--The indebtedness described in
        subsection (f)(1)(A) shall include indebtedness resulting from
        the refinancing of indebtedness described in such subsection
        (or this sentence), but only to the extent it does not exceed
        the amount of the indebtedness being refinanced.
            ``(3) Denial of deduction for debt-financed payments.--No
        deduction shall be allowed by this section for any qualified
        debt reduction payment--
                    ``(A) to the extent indebtedness is incurred or
                continued by the taxpayer to make such payment, and
                    ``(B) in the case of a qualified debt reduction
                payment made by a partnership on qualified indebtedness
                on commercial real property held by the partnership, to
                the extent of indebtedness--
                            ``(i) which is incurred or continued by any
                        partner to whom such payment is allocable, and
                            ``(ii) which is secured by such partner's
                        interest in the partnership or by such
                        commercial real property.
            ``(4) Treatment of amounts required to be paid by reason of
        loan default.--For purposes of subsections (b)(1)(A) and (d),
        accelerated payments required to be made under the terms of a
        loan solely by reason of a default on the loan shall not be
        taken into account.
            ``(5) Recapture of deduction if additional debt within 3
        years.--
                    ``(A) In general.--If a taxpayer incurs any
                additional debt within 3 years after the date that the
                taxpayer made a qualified debt reduction payment, the
                ordinary income of the taxpayer making such payment
                shall be increased by the applicable percentage of the
                recaptured deduction.
                    ``(B) Recaptured deduction.--For purposed of this
                paragraph, the recaptured deduction is the excess of--
                            ``(i) the deduction allowed by subsection
                        (a) on account of a qualified debt reduction
                        payment, over
                            ``(ii) the deduction which would have been
                        so allowed if such payment had been reduced by
                        the additional debt.
                    ``(C) Applicable percentage.--The applicable
                percentage shall be determined in accordance with the
                following table:

``If, of the 3 years referred to in                      The applicable
subparagraph (A), the additional                         percentage is:
debt occurs during the:
        1st such year......................................        100
        2d such year.......................................     66 2/3
        3d such year.......................................     33 1/3.
                    ``(D) Partnerships.--
                            ``(i) Allocation of income inclusion.--Any
                        increase in the ordinary income of a
                        partnership by reason of this paragraph shall
                        be allocated (under regulations prescribed by
                        the Secretary) among the partners receiving a
                        deduction under this section by reason of
                        making qualified equity investments in the
                        partnership.
                            ``(ii) Debt-financed equity investment by
                        partner.--Rules similar to the rules of the
                        paragraph shall apply in cases where additional
                        debt is incurred by a partner making a
                        qualified equity investment in a partnership.
                    ``(E) Subsequent deprecation.--The deductions under
                section 168 for periods after a recaptured deduction
                under this paragraph shall be determined as if the
                portion of the qualified debt reduction payment
                allocable to the recaptured deduction had never been
                made.
            ``(6) Recapture where partner disposes of interest in
        partnership.--If any partner to whom a deduction under this
        section is allocable by reason of making a qualified equity
        investment in a partnership disposes of any portion of such
        partner's interest in the partnership within 1 year after the
        date such investment was made, the ordinary income of such
        partner shall be increased by the amount which bears the same
        ratio to the deduction allowed on account of such investment as
        such portion bears to such partner's interest in the
        partnership immediately before such disposition.
            ``(7) Exemption from passive loss rules.--Section 469 shall
        not apply to the deduction allowed by this section.
    ``(i) Application of Section.--This section shall apply to
qualified debt reduction payments made within the 2-year period
beginning on the day after the date of the enactment of this
section.''.
    (b) Earnings and Profits.--Subsection (k) of section 312 of such
Code is amended by adding at the end the following new paragraph:
            ``(6) Treatment of section 199a.--Paragraphs (1) and (3)
        shall not apply to the deduction allowed by section 199A.''.
    (c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by adding at the end
the following new item:

``Sec. 199A. Deduction for payments made to reduce debt on commercial
                            real property.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.

Output:
Community Recovery and Enhancement Act of 2011 or the CRE Act of 2011 - Amends the Internal Revenue Code to allow a tax deduction for payments made to reduce debt on eligible commercial property. Limits the amount of such deduction to the lesser of: (1) 50% of the excess of the amount of qualified debt secured by such property, (2) 50% of the fair market value of such property, (3) $10 million, or (4) the adjusted basis of such property at the close of the taxable year.

Defines "eligible commercial property" as any commercial real property if: (1) the amount of the qualified indebtedness secured by such property is at least 85% of the fair market value of the property, or (2) such property is, or is reasonably expected to be, treated as being in an in-substance foreclosure by the Comptroller of the Currency.

Denies a tax deduction for debt reduction payments that are debt-financed. Requires a recapture in income of tax deduction amounts allowed by this Act if additional indebtedness is incurred within three years after a qualified debt reduction payment is made.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Highways and Infrastructure
Preservation Act of 1994''.

SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.

    (a) Prohibition on Operation of Certain Cargo-Carrying Units.--
Section 411 of the Surface Transportation Assistance Act of 1982 (49
U.S.C. App. 2311) is amended--
            (1) by striking the section heading and all that follows
        through ``(a) Except'' and inserting the following:

``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.

    ``(a) State Requirements.--
            ``(1) In general.--Except'';
            (2) by moving paragraph (1) of subsection (a), as
        designated by paragraph (1) of this subsection, 2 ems to the
        right; and
            (3) by adding at the end of subsection (a) the following:
            ``(2) Prohibition on operation of certain cargo-carrying
        units.--
                    ``(A) General rule.--No State shall register for
                operation on any segment of the Interstate System and
                those classes of qualifying National Highway System
                highways as designated by the Secretary any trailer,
                semi-trailer, container, or other cargo-carrying unit
                that is longer than 53 feet, except as provided by
                subparagraph (B).
                    ``(B) Exceptions.--The following shall not be
                subject to the requirement of subparagraph (A):
                            ``(i) Any trailer, semi-trailer, container,
                        or other cargo carrying unit that is
                        manufactured before the expiration of the 1-
                        year period beginning on the date of the
                        enactment of this paragraph.
                            ``(ii) Any trailer, semi-trailer,
                        container, or other cargo-carrying unit that is
                        used exclusively for fire-fighting.
            ``(C) Limitation on statutory construction.--Nothing in
        this paragraph shall be construed to affect the laws of any
        State applicable to any trailer, semi-trailer, container, or
        other cargo-carrying unit that is less than 53 feet in
        length.''.
    (b) Repeal.--The 3d sentence of section 411(b) of such Act is
repealed.
    (c) Conforming Amendments.--Section 411 of such Act is amended--
            (1) by striking ``subsection (a) of this section'' each
        place it appears and inserting ``subsection (a)(1) of this
        section''; and
            (2) in subsection (d) by striking ``subsections (a)'' and
        inserting ``subsections (a)(1)''.
    (d) Enforcement.--The 2d sentence of section 141(b) of title 23,
United States Code, is amended--
            (1) by striking ``section 411(j)'' and inserting
        ``subsections (a)(2) and (j) of section 411''; and
            (2) by striking ``2311(j)'' and inserting ``2311''.

SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.

    (a) In General.--Section 127 of title 23, United States Code, is
amended by adding at the end the following:
    ``(f) Grandfather Rights.--
            ``(1) General rule.--No State shall allow the operation of
        any vehicle or combination (other than longer combination
        vehicles) not in conformance with the Interstate weight limits,
        unless such operation is on the list published pursuant to
        paragraph (2).
            ``(2) List of vehicles or combinations.--
                    ``(A) Proceeding.--Not later than 60 days after the
                date of the enactment of this subsection, the Secretary
                shall initiate a proceeding to determine and publish a
                list of vehicles or combinations (other than longer
                combination vehicles), otherwise not in conformance
                with the Interstate weight limits, that the Department
                of Transportation or any other Federal agency or a
                State has determined before January 1, 1994, could be
                lawfully operated within such State on July 1, 1956
                (except in the case of the overall gross weight of any
                group of 2 or more consecutive axles, on the date of
                the enactment of the Federal-Aid Highway Amendments of
                1974).
                    ``(B) Limitation.--No operation of any vehicle or
                combination (other than a longer combination vehicle)
                shall be included on the list published pursuant to
                subparagraph (A) on the basis that a State law or
                regulation could have authorized such operation at some
                prior date by permit or otherwise.
                    ``(C) Publication of final list.--Not later than
                270 days after the date of the enactment of this
                subsection, the Secretary shall publish a final list of
                vehicles or combinations described in subparagraph (A).
            ``(3) Limitation on statutory construction.--Nothing in
        this subsection shall be construed to prevent a State from
        reducing the State's gross vehicle weight limitation or the
        State's single or tandem axle weight limitations on the
        Interstate System for operations on the list published pursuant
        to paragraph (2) but in no event shall any such reduction fall
        below weight limits referred to in subsection (a).
            ``(4) Applicability of existing requirements.--All vehicles
        or combinations included on the list published pursuant to
        paragraph (2) shall be subject to all routing-specific,
        commodity-specific, and weight-specific designations in force
        in a State before January 1, 1994.''.
    (b) Conforming Amendment.--The 4th sentence of section 127(a) of
such title is amended by striking ``the State determines''.

SEC. 4. NONDIVISIBLE LOAD PROCEEDING.

    Section 127 of title 23, United States Code, is further amended by
adding at the end the following:
    ``(g) Nondivisible Loads.--
            ``(1) Proceeding.--Not later than 60 days after the date of
        the enactment of this subsection, the Secretary shall initiate
        a proceeding to determine the meaning of the term `vehicles and
        loads which cannot be easily dismantled or divided' as used in
        subsection (a), including a commodity-specific definition of
        such term.
            ``(2) Regulations.--Not later than 270 days after the date
        of the enactment of this subsection, the Secretary shall issue
        final regulations setting forth the determination of the
        Secretary made pursuant to subparagraph (A). Such regulations
        shall apply to all loads operating on the National Highway
        System. A State may establish other requirements not
        inconsistent with such regulations.
    ``(h) Statement of Policy.--The policy of this title is to promote
conformity with the Interstate weight limits for the benefit and safety
of all motorists.
    ``(i) Interstate Weight Limits Defined.--For purposes of
subsections (f), (g), and (h), the term `Interstate weight limits'
means the 80,000 pound gross vehicle weight limitation, the 20,000
pound single axle weight limitation (including enforcement tolerances),
the 34,000 pound tandem axle weight limitation (including enforcement
tolerances), and the overall maximum gross weight (including
enforcement tolerances) on a group of 2 or more consecutive axles
produced by application of the Bridge Formula B in subsection (a).''.

SEC. 5. WEIGHT LIMITATIONS.

    (a) In General.--Title 23, United States Code, is amended by
inserting after section 127 the following:
``Sec. 127a. Gross vehicle weight and axle loading limitations on non-
              Interstate highways on the national highway system
    ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highway on the National Highway
System in existence on the date of the enactment of this section, shall
be the gross vehicle weight and axle loading limitations (including
enforcement tolerances) set by State statute as of January 1, 1994, on
the non-Interstate highway on the National Highway System in the State
in which such non-Interstate highway is located, except as provided by
subsection (c). The gross vehicle weight limitations and axle loading
limitations applicable to all vehicles and combinations on any segment
of any non-Interstate highway on the National Highway System not in
existence on the date of the enactment of this section, shall be the
Interstate weight limits.
    ``(b) Proceeding to Publish List of State Limitations.--The
Secretary shall initiate a proceeding to determine and publish a list
of the States' gross vehicle weight limitations and axle loading
limitations as of January 1, 1994, applicable to non-Interstate
highways on the National Highway System. The Secretary shall publish a
final list not later than 180 days after the date of the enactment of
this section.
    ``(c) Proceeding to Publish List of Nonconforming Operations.--The
Secretary shall initiate a proceeding to determine and publish a list
of operations not in conformance with State gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highways on the National Highway
System in existence on the date of the enactment of this section, of
such State before January 1, 1994, and which were in actual and lawful
operation on a regular or periodic basis (including seasonal
operations) before January 1, 1994. The Secretary shall publish a final
list of such operations not later than 180 days after the date of the
enactment of this section. No operation of any vehicle or combination
shall be on the Secretary's list on the basis that a State law or
regulation could have authorized such operations at some prior date, by
permit or otherwise.
    ``(d) Applicability of Existing Requirements.--All vehicles or
combinations included on the Secretary's list provided for in
subsection (c) shall be subject to all routing-specific, commodity-
specific, and weight-specific designations in force in a State on
December 31, 1993.
    ``(e) Applicability.--The limitations established by subsection (a)
shall apply to any new designations made to the National Highway System
and remain in effect on those non-Interstate highways that cease to be
designated as part of the National Highway System.
    ``(f) Limitation on Statutory Construction.--Nothing in this
section shall be construed to prevent any State from reducing the
State's gross vehicle weight limitation or the State's single or tandem
axle weight limitations on any existing non-Interstate highway on the
National Highway System.
    ``(g) Interstate Weight Limits Defined.--For purposes of this
section, the term `Interstate weight limits' means the 80,000 pound
gross vehicle weight limitation, the 20,000 pound single axle weight
limitation (including enforcement tolerances), and the 34,000 pound
tandem axle weight limitation (including enforcement tolerances).''.
    (b) Enforcement of Requirements.--Section 141(b) of such title is
amended by striking ``section 127(d)'' and inserting ``sections 127 and
127a''.
    (c) Conforming Chapter Analysis Amendment.--The analysis for
chapter 1 of such title is amended by inserting after the item relating
to section 127 the following:

``127a. Gross vehicle weight and axle loading limitations on non-
                            Interstate highways on the national highway
                            system.''.

Output:
Safe Highways and Infrastructure Preservation Act of 1994 - Amends the Surface Transportation Assistance Act of 1982 to prohibit States from allowing the operation on federally assisted highways of any trailer, semi-trailer, container, or other cargo carrying unit longer than 53 feet, with specified exceptions.  Declares that nothing in this Act shall be construed to affect State laws with respect to such vehicles less than 53 feet long.
(Sec. 3) Amends Federal highway law to prohibit States from allowing the operation of any vehicle or combination (other than longer combination vehicles) that are not in conformance with the Interstate weight limits, unless the Department of Transportation, another Federal agency, or the State has determined such vehicles could lawfully operate on July 1, 1956 (except in the case of the overall gross weight of any group of two or more consecutive axles on the date of the enactment of the Federal-Aid Highway Amendments of 1974.) Prohibits the operation of such vehicles on the basis that a State law could have authorized such operation at some prior date by permit or otherwise.  Declares that nothing in this Act shall be construed to prevent a State from reducing its gross vehicle weight limitation or its single or tandem axle weight limitations on the Interstate System for operations under the exception; but in no event shall such reduction fall below specified weight limits for vehicles operating on such System. Subjects all vehicles or combinations operating under the exception to routing-specific, commodity-specific, and weight-specific designations in force in a State before January 1, 1994.
(Sec. 4) Directs the Secretary of Transportation (Secretary) to determine the meaning of the term "vehicles and loads which cannot be easily dismantled or divided" (including a commodity-specific definition of such term) as it relates to provisions concerning vehicle weight limitations.
Declares that it is the policy of this Act to promote conformity with the Interstate weight limits for the benefit and safety of all motorists.
(Sec. 5) Declares that the gross vehicle weight limitations and axle loading limitations with respect to vehicles and combinations on any non-Interstate highway on the National Highway System (NHS) shall be those set by State statute as of January 1, 1994, except that those limitations applicable to non-Interstate segments not in existence upon enactment of this Act shall be the Interstate weight limits.
Directs the Secretary to determine and publish a list of:  (1) the State's gross vehicle weight limitations and axle loading limitations as of January 1, 1994, with respect to non-Interstate highways on the NHS; and (2) operations not in conformance with such limitations with respect to vehicles and combinations on such highways of such State before January 1, 1994, and which were in lawful operation on a regular or periodic basis, including seasonal operations, before that date.  Subjects all vehicles or combinations included on the non-conforming operations list to routing-specific, commodity-specific, and weight-specific designations in force in a State  on December 31, 1993.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Power Marketing Administration
Reform Act of 1998''.

SEC. 2. CONGRESSIONAL FINDINGS.

    The Congress finds that:
            (1) The use of fixed allocations of joint multipurpose
        project costs and the failure to provide for the recovery of
        actual interest costs and depreciation have resulted in
        substantial failures to recover costs properly recoverable
        through power rates by the Federal Power Marketing
        Administrations and the Tennessee Valley Authority and have
        resulted in the imposition of unreasonable burdens on the
        taxpaying public.
            (2) Existing under allocations and under recovery of costs
        have led to inefficiencies in the marketing of Federally
        generated electric power and to environmental damage.
            (3) With the emergence of open access to power transmission
        and competitive bulk power markets, market prices will provide
        the lowest reasonable rates consistent with sound business
        principles, consistent with maximum recovery of costs properly
        allocated to power production and consistent with encouraging
        the most widespread use of power marketed by Federal Power
        Marketing Administrations and the Tennessee Valley Authority.

SEC. 3. PURPOSE.

    The purpose of this Act is to provide for full cost recovery rates
for power sold by Federal Power Marketing Administrations and the
Tennessee Valley Authority and a transition to market-based rates for
such power.

SEC. 4. MODIFICATION OF EXISTING POWER MARKETING ADMINISTRATIONS.

    (a) Accounting.--Notwithstanding any other provision of law, the
Secretary of Energy shall, in consultation with the Federal Energy
Regulatory Commission, immediately upon enactment of this Act develop
and implement procedures to ensure that the Federal Power Marketing
Administrations utilize the same accounting principles and
requirements, including those with respect to the accrual of actual
interest costs during construction and pending repayment for any
project and recognition of depreciation expenses, as are applied by the
Commission to the electric operations of public utilities.
    (b) Development and Submittal of Rates to the Commission.--
Notwithstanding any other provision of law, each Federal Power
Marketing Administration and the Tennessee Valley Authority shall, not
later than 1 year after enactment of this Act (and periodically
thereafter but not less frequently than once each 5 years), submit to
the Federal Energy Regulatory Commission rates for the sale or
disposition of Federal energy that will ensure the recovery of all
costs incurred by such Federal Power Marketing Administration or the
Tennessee Valley Authority for the generation and marketing of such
Federal energy. Such costs shall include all fish and wildlife
expenditures required under existing treaty and legal obligations
associated with the construction and operation of the facilities from
which the federally marketed power is generated and sold. Such costs
shall not include any cost of transmitting such Federal energy.
    (c) Commission Review, Approval or Modification.--The Federal
Energy Regulatory Commission shall review and either approve of or
modify rates for the sale or disposition of Federal energy submitted to
the Commission by each Federal Power Marketing Administration and the
Tennessee Valley Authority under this section, to ensure that such
rates will recover all costs of generating and marketing such Federal
energy (including all fish and wildlife costs associated with such
Federal energy as required under existing treaty and legal obligations,
but not including any cost of transmitting such Federal energy). Such
review by the Commission shall be based on the record of proceedings
before the Federal Power Marketing Administration or the Tennessee
Valley Authority, except that all persons shall be afforded an
opportunity by the Commission for an additional hearing in accordance
with the procedures established for ratemaking by the Commission
pursuant to the Federal Power Act.
    (d) Application of Rates.--Immediately upon approval or
modification by the Commission of rates under this section for the sale
or disposition of Federal energy by a Federal Power Marketing
Administration or the Tennessee Valley Authority, the Federal Power
Marketing Administration shall apply such rates, as approved or
modified by the Commission, to each existing contract for the sale or
disposition of Federal energy by such Federal Power Marketing
Administration or the Tennessee Valley Authority to the maximum extent
permitted by such contract. This section shall not apply to any Federal
Power Marketing Administration or the Tennessee Valley Authority if and
at such time as it no longer has any outstanding commitments under any
contract for the sale or disposition of Federal energy that were in
existence as of the date of enactment of this Act.
    (e) Accounting Principles and Requirements.--In developing or
reviewing the rates required by this section, the Federal Power
Marketing Administrations, the Tennessee Valley Authority, and the
Commission shall rely upon the accounting principles and requirements
developed pursuant to subsection (a).
    (f) Interim Rates.--Until market pricing for such power sales is
fully implemented, such full cost recovery rates shall be implemented
for all new contracts for power sales by the Federal Power Marketing
Administrator and the Tennessee Valley Authority entered into after the
enactment of this Act and for renewals after the enactment of this Act
for existing contracts for power sales by Federal Power Marketing
Administrations and the Tennessee Valley Authority.
    (g) Transition to Market-Based Rates.--If the transition to full
cost recovery rates would result in rates that exceed market rates, the
Secretary of Energy is authorized to price power sold by Federal Power
Marketing Administrations at market rates, and the Tennessee Valley
Authority is authorized to price power sold by the Tennessee Valley
Authority at market rates, if--
            (1) operation and maintenance costs are recovered,
        including all fish and wildlife costs required under existing
        treaty and legal obligations;
            (2) the contribution toward recovery of investment
        pertaining to power production is maximized; and
            (3) purchasers of power under existing contracts consent to
        the remarketing by the relevant Federal Power Marketing
        Administration or the Tennessee Valley Authority of such power
        not later than 3 years thereafter through competitive bidding.
Competitive bidding shall be utilized to remarket power that is not
accepted by existing customers under this section.
    (h) Market-Based Pricing.--Within 2 years after the enactment of
this Act, the Secretary of Energy shall develop and implement
procedures to assure that all power sold by Federal Power Marketing
Administrations and the Tennessee Valley Authority is sold at prices
set by demand and supply within the relevant bulk power supply market.
The Secretary of Energy shall establish through notice and comment
rulemaking bid and auction procedures to implement market-based pricing
for power sold pursuant to any power sales contract entered into by a
Federal Power Marketing Administration or the Tennessee Valley
Authority after the date 2 years after the enactment of this Act,
including power that is under contract but which is declined by the
party entitled to purchase such power and remarketed after such date.
    (i) Use of Revenues Collected Through Market-Based Pricing.--
            (1) In general.--Revenues collected through market-based
        pricing shall be disposed of as follows:
                    (A) Revenues shall be remitted to the Secretary of
                the Treasury, first, to cover all power-related
                operations and maintenance expenses, all fish and
wildlife costs required under existing treaty and legal obligations,
and the project investment cost pertaining to power production.
                    (B) Such revenues as shall remain after remission
                to the Secretary of the Treasury pursuant to
                subparagraph (A) shall be divided as follows:
                            (i) 50 percent of such revenues shall be
                        remitted to the Secretary of the Treasury for
                        the purpose of reducing the Federal budget
                        deficit.
                            (ii) 35 percent of such revenues shall be
                        deposited in the fund established under
                        paragraph (2)(A) for the purpose of helping
                        cover the costs of mitigating the damage to,
                        and restoring the health of, fish, wildlife,
                        and other environmental resources that is
                        attributable to the construction and operation
                        of the facilities from which power is generated
                        and sold.
                            (iii) 15 percent of such revenues shall be
                        deposited in the fund established under
                        paragraph (3)(A) for the purpose of helping
                        cover the costs of the incremental cost (above
                        the expected market cost of electricity) of
                        nonhydroelectric renewable resources in the
                        region in which power is marketed by the
                        applicable power marketing administration.
            (2) Fund regarding environmental mitigation.--
                    (A) There is hereby established a fund to hold and
                expend the revenues allocated for environmental
                mitigation and restoration pursuant to paragraph
                (1)(B)(ii). The fund shall be established within the
                Department of Interior and shall be governed by a Board
                of Directors consisting of the Secretary of the
                Interior, the Secretary of Energy, and the
                Administrator of the Environmental Protection Agency or
                their designees. Other than expenditure of revenues to
                cover the costs of establishing and managing the fund,
                all revenues may be spent only pursuant to project-
                specific plans to mitigate damage to, and restore the
                health of, the environment.
                    (B) At no time may the fund established under
                subparagraph (A) hold more than $200,000,000 that is
                not necessary to cover the costs of 1 or more project-
                specific mitigation plans. Revenues that would
                otherwise be deposited in the fund but for the absence
                of 1 or more project-specific plans for environmental
                mitigation shall be remitted to the Secretary of the
                Treasury for purposes of Federal budget deficit
                reduction.
                    (C) The Board of Directors of the fund established
                under subparagraph (A) shall develop project-specific
                mitigation plans for each project used to generate
                power marketed by the power marketing administrations
                or the Tennessee Valley Authority. In developing such
                plans, the Board is directed, where feasible, to rely
                on data, information, and mitigation and restoration
                plans already developed by the United States Bureau of
                Reclamation, the United States Fish and Wildlife
                Service, the Environmental Protection Agency, and other
                Federal, State, and tribal agencies.
            (3) Fund regarding renewable resources.--
                    (A) There is hereby established a fund to hold and
                expend the revenues allocated for renewable resources
                pursuant to paragraph (1)(B)(iii). The fund shall be
                established within the Department of Energy. Revenues
                in the fund may be expended to pay for the incremental
costs of nonhydroelectric renewable resources in the States in which
the applicable power marketing administration markets power. Other than
expenditure of revenues to cover the costs of establishing and managing
the fund, all revenues may be spent only--
                            (i) pursuant to a plan developed by the
                        Secretary of Energy designed to foster the
                        development of nonhydroelectric renewable
                        resources that show substantial long-term
                        promise but which are presently too expensive
                        to attract private capital sufficient to
                        develop or ascertain their potential; and
                            (ii) on recipients chosen by a process of
                        competitive bidding.
                    (B) At no time may the fund established under
                subparagraph (A) hold more than $50,000,000 that is not
                necessary to meet the plan developed pursuant to such
                subparagraph. Revenues that would otherwise be
                deposited in this fund but for the absence of such a
                plan shall be remitted to the Secretary of the Treasury
                for purposes of Federal budget deficit reduction.
    (j) Preference.--Public bodies and cooperatives shall be given a
preference to future power allocations or reallocations of Federal
power through a right of first refusal at market prices. Power obtained
through preference rights shall be consumed by the preference customer
or resold for consumption by the constituent end-users of the
preference customer and may not be resold to other entities. As
regulated by the Federal Energy Regulatory Commission, preference
recipients shall have transmission access to this purchased power. If a
public body or cooperative does not take allocation, the next highest
bidder takes the allocation.
    (k) Reforms.--The Secretary of Energy shall require each Federal
Power Marketing Administration to implement--
            (1) program management in order to assign personnel and
        incur expenses for authorized power marketing, reclamation, and
        flood control activities only, and not diversification into
        ancillary activities including consulting or operating services
        for other entities; and
            (2) annual reporting plainly disclosing to the American
        public, the activities of the Power Marketing Administration
        including, but not limited to, the full cost of such power
        projects and power marketing programs.
    (l) Contract Renewal.--After the enactment of this Act, no Federal
Power Marketing Administration may enter into or renew any power
marketing contract for a term that exceeds 5 years.
    (m) Restrictions.--Excepting only the Bonneville Power
Administration, each Federal Power Marketing Administration shall be
subject to the restrictions on the construction of transmission and
additional facilities established by section 5 of the Flood Control Act
of 1944.

SEC. 5. FEDERAL ENERGY REGULATORY COMMISSION JURISDICTION OVER
              TRANSMISSION SERVICE PROVIDED BY POWER MARKETING
              ADMINISTRATIONS AND TENNESSEE VALLEY AUTHORITY.

    Transmission service provided by Federal Power Marketing
Administrations shall be provided on an open access basis and at just
and reasonable rates approved or established by the Federal Energy
Regulatory Commission under part II of the Federal Power Act in the
same manner as such service is provided pursuant to Commission rules by
any public utility subject to the jurisdiction of the Commission under
such Part II. The preceding sentence shall not require any Federal
Power Marketing Administration to expand transmission or
interconnection capabilities or transmissions in the absence of other
authority of law.

SEC. 6. IMPLEMENTATION BY THE FEDERAL ENERGY REGULATORY COMMISSION.

    Pending the implementation of market-based pricing, the Federal
Energy Regulatory Commission shall have authority to review and
approve, reject, or revise power rate schedules recommended for
approval by the Secretary of Energy, and existing rate schedules, for
power sales by the Federal Power Marketing Administrations. The Federal
Energy Regulatory Commission shall base its approval of final rates
upon the protection of the public interest and shall undertake to
protect the interest of the taxpaying public as well as the interests
of consumers in accordance with section 4. The Federal Energy
Regulatory Commission may review the factual basis for determinations
made by the Secretary of Energy and may revise or modify those findings
as appropriate and may revise proposed or effective rate schedules or
remand the rate schedules to the Secretary of Energy as the Federal
Energy Regulatory Commission determines is necessary to protect the
public interest in accordance with section 4 until a full transition is
made to market-based rates for power sold by Federal Power Marketing
Administrations. The Federal Energy Regulatory Commission is authorized
to proceed pursuant to informal notice and comment rulemaking pursuant
to section 553(c) of title 5, United States Code. Any affected party,
including a taxpayer, bidder, preference customer, or affected
competitor may seek a rehearing and judicial review of a final decision
of the Federal Energy Regulatory Commission pursuant to section 313 of
the Federal Power Act (16 U.S.C. 8251).

SEC. 7. REPEALS.

    The following provisions are repealed:
            (1) The last sentence of section 302(a)(3) of the
        Department of Energy Organization Act.
            (2) Section 505 of Public Law 102-377.

SEC. 8. EFFECTIVE DATE.

    Except as otherwise specifically provided in this Act, the
provisions of this Act and the amendments made by this Act shall take
effect with respect to power sales contracts entered into by a Federal
Power Marketing Administration or the Tennessee Valley Authority after
July 23, 1997.

Output:
Power Marketing Administration Reform Act of 1998 - Requires the Secretary of Energy to develop and implement procedures to ensure that the Federal Power Marketing Administrations (FPMAs) utilize the same accounting principles and requirements as the Federal Energy Regulatory Commission (FERC) applies to the electric operations of public utilities.
(Sec. 4) Requires each FPMA and the Tennessee Valley Authority (TVA) to submit periodically for FERC review rates for the sale or disposition of Federal energy that will ensure recovery of all their costs in generating and marketing such energy.
Prescribes rate mechanism and pricing guidelines.
Establishes a fund within the Department of the Interior to:  (1) mitigate damage to environmental resources attributable to power generation and sales facilities; and (2) restore the health of such resources, including fish and wildlife.  Mandates project-specific mitigation plans for each power generation project.
Establishes a fund within the Department of Energy for renewable resources.  Prescribes expenditure guidelines.
Mandates that public bodies and cooperatives be given a preference for future power allocations or reallocations of Federal power through a right of first refusal at market prices.
Instructs the Secretary of Energy to require each FPMA to:  (1) assign personnel and incur expenses solely for authorized power marketing, reclamation, and flood control activities, and not for diversification into ancillary activities; and (2) make annual public disclosures of its activities, including the full costs of power projects and marketing.
Precludes an FPMA from entering into or renewing any power marketing contract for a term exceeding five years.
(Sec. 5) Requires provision of FPMA transmission services on an open access basis, and at FERC-approved rates in the same manner as provided by any public utility under FERC jurisdiction.
(Sec. 6) Grants FERC rate-making approval authority until a full transition is made to market-based rates, for:  (1) rate schedules recommended by the Secretary of Energy; and (2) rate schedules for FPMA power sales.
(Sec. 7) Amends:  (1) the Department of Energy Organization Act to reflect the changes made by this Act; and (2) specified Federal law to repeal the prohibition against the use of appropriated funds for purposes relating to the possibility of changing from an "at cost" to a "market rate" or any other noncost-based method for pricing Federal hydroelectric power.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Marine Fisheries Service
Ombudsman Act of 2010''.

SEC. 2. NATIONAL MARINE FISHERIES SERVICE OMBUDSMAN OFFICE.

    (a) In General.--
            (1) Establishment.--There is established an Office of the
        Ombudsman in the National Marine Fisheries Service.
            (2) Ombudsman.--
                    (A) In general.--The Office shall be under the
                direction of the Ombudsman of the National Marine
                Fisheries Service, who shall be appointed by the
                Administrator of the National Oceanic and Atmospheric
                Administration--
                            (i) in the case of the first Ombudsman,
                        within 180 days after the date of enactment of
                        this Act; and
                            (ii) in the case of an individual appointed
                        to serve as Ombudsman subsequent to the
                        expiration of the term of a sitting Ombudsman,
                        by not later than the date the term expires.
                    (B) Term.--An individual appointed as Ombudsman
                shall serve a term of 4 years, and may be reappointed.
                    (C) Vacancies.--In the event of a vacancy in the
                position of Ombudsman the Administrator shall appoint
                an individual as Ombudsman by not later than 120 days
                after the date the vacancy occurs.
            (3) Regional ombudsmen.--
                    (A) In general.--The Ombudsman shall maintain a
                regional ombudsman in each of the regions for which a
                Regional Fishery Management Council is established
                under section 302 of the Magnuson-Stevens Fishery
                Conservation and Management Act (16 U.S.C. 1852).
                    (B) Appointment.--The regional ombudsmen shall be
                appointed by and serve at the discretion of the
                Ombudsman.
                    (C) Acting ombudsman.--In the event of a vacancy in
                the office of the Ombudsman, the Administrator shall
                appoint a regional ombudsman to serve as the acting
                Ombudsman until an Ombudsman is appointed.
            (4) Qualifications.--A person may not be appointed--
                    (A) as the Ombudsman, unless the person has--
                            (i) demonstrated expertise in the field of
                        fisheries management and significant experience
                        and knowledge of regulations that are enforced
                        by the National Marine Fisheries Service; and
                            (ii) significant experience working in or
                        with the commercial or recreational fishing
                        industries; or
                    (B) as a regional ombudsman, unless the person--
                            (i) satisfies the requirements in
                        subparagraph (A); and
                            (ii) is a resident of a State in the region
                        for which appointed.
            (5) Notification of appointment and removal.--The
        Administrator shall notify Congress of--
                    (A) the intent of the Administrator to appoint an
                individual as Ombudsman, by not later than 60 days
                before the effective date of the appointment;
                    (B) whether or not the Administrator will reappoint
                an individual who is serving as Ombudsman, by not later
                than 120 days before the expiration of the term of the
                individual; and
                    (C) the intent of the Administrator to remove a
                person from the position of Ombudsman, by not later
                than 60 days before the effective date of the such
                removal, including the reasons for such removal.
            (6) Ensuring independence of ombudsman.--
                    (A) In general.--The Ombudsman--
                            (i) shall report solely to and be under the
                        general supervision of the Administrator; and
                            (ii) may only be removed by the
                        Administrator for neglect of duty, misconduct,
                        or inability to perform the duties of the
                        office of the Ombudsman.
                    (B) Maintenance of independent communications.--
                Each office under the administrative jurisdiction of
                the Ombudsman shall maintain a telephone, facsimile,
                and other means of electronic communication access, and
                a post office address, that is separate from those
                maintained by the National Marine Fisheries Service and
                from all other components of the National Oceanic and
                Atmospheric Administration.
                    (C) IG's authority to conduct investigations not
                affected.--Nothing in this Act shall prevent or
                prohibit any Inspector General from initiating,
                carrying out, or completing any investigation.
    (b) Functions.--The Ombudsman shall--
            (1) act as a neutral third party who conducts informal,
        impartial fact finding and investigations;
            (2) identify points of conflict or contention between the
        fishing industry and the National Marine Fisheries Service with
        respect to the implementation and enforcement of regulations;
            (3) mitigate points of conflict or contention identified
        under paragraph (2);
            (4) through each regional ombudsman--
                    (A) serve as a point of contact for local fishermen
                and businesses that are regulated by the National
                Marine Fisheries Service;
                    (B) receive complaints from persons regulated by
                the National Marine Fisheries Service regarding
                regulatory actions initiated by the Service;
                    (C) initiate informal, impartial fact finding and
                investigations;
                    (D) work with the Service and local fishermen and
                businesses to resolve such complaints; and
                    (E) conduct community outreach, including by
                assisting the National Marine Fisheries Service in the
                dissemination of any new regulations or requirements
                and providing information and guidance to the public;
                and
            (5) maintain a public Internet site that includes contact
        information for each regional office.
    (c) Annual Report.--
            (1) In general.--The Ombudsman shall report no later than
        September 30 each year to the Administrator, the Committee on
        Natural Resources Committee of the House of Representatives,
        and the Committee on Commerce, Science, and Transportation of
        the Senate on the actions taken by each of the regional offices
        over the preceding year and the objectives of those actions.
            (2) Contents.--Each such report shall include--
                    (A) full and substantive analysis, in addition to
                statistical information;
                    (B) recommendations the Office of the Ombudsman has
                made on improving services and responsiveness of the
                National Marine Fisheries Service;
                    (C) a summary of the most pervasive and serious
                points of conflict or contention encountered by
                fishermen and businesses, including a description of
                the nature thereof;
                    (D) an inventory of the items described in
                subparagraphs (B) and (C) for which action has been
                taken, and the result of such action;
                    (E) an inventory of the items described in
                subparagraphs (B) and (C) for which action remains to
                be completed;
                    (F) recommendations to resolve points of conflict
                or contention encountered by fishermen and businesses;
                    (G) information the Ombudsman considers appropriate
                regarding the independence and effectiveness of the
                Ombudsman's office; and
                    (H) such other information as the Ombudsman
                considers relevant.
            (3) Report to be submitted directly.--Each report under
        this subsection shall be provided directly to the committees
        described in paragraph (1) without any prior comment or
        amendment from the Administrator or any from any other officer
        or employee of the National Oceanic and Atmospheric
        Administration, the National Marines Fisheries Service, or the
        Office of Management and Budget.
            (4) Other reports.--Nothing in this subsection shall be
        construed to preclude the Ombudsman from issuing other reports
        on the activities of the Office of the Ombudsman.

Output:
National Marine Fisheries Service Ombudsman Act of 2010 - Establishes an Office of the Ombudsman in the National Marine Fisheries Service which shall be under the direction of the Ombudsman of the National Marine Fisheries Service, who shall be appointed by the Administrator of the National Oceanic and Atmospheric Administration (NOAA).

Requires the Ombudsman to maintain a regional Ombudsman in each of the regions for which a Regional Fishery Management Council.

Requires the Ombudsman to report solely to, and be under the general supervision of, the Administrator and allows the removal of the Ombudsman only by the Administrator for neglect of duty, misconduct, or inability to perform the duties of the office of the Ombudsman.

Sets forth the duties of the Ombudsman, including: (1) to act as a neutral third party who conducts informal, impartial fact finding and investigations; (2) to identify points of conflict or contention (and to mitigate such points of conflict or contention) between the fishing industry and the National Marine Fisheries Service with respect to the implementation and enforcement of regulations; (3) through each regional ombudsman, to serve as a point of contact for local fishermen and businesses that are regulated by the National Marine Fisheries Service; and (4) to maintain a public Internet site that includes contact information for each regional office.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Settlement Transparency
Act of 2005''.

SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN FINES, PENALTIES, AND OTHER
              AMOUNTS.

    (a) In General.--Subsection (f) of section 162 of the Internal
Revenue Code of 1986 (relating to trade or business expenses) is
amended to read as follows:
    ``(f) Fines, Penalties, and Other Amounts.--
            ``(1) In general.--Except as provided in paragraph (2), no
        deduction otherwise allowable shall be allowed under this
        chapter for any amount paid or incurred (whether by suit,
        agreement, or otherwise) to, or at the direction of, a
        government or entity described in paragraph (4) in relation to
        the violation of any law or the investigation or inquiry by
        such government or entity into the potential violation of any
        law.
            ``(2) Exception for amounts constituting restitution or
        paid to come into compliance with law.--Paragraph (1) shall not
        apply to any amount which--
                    ``(A) the taxpayer establishes--
                            ``(i) constitutes restitution (including
                        remediation of property) for damage or harm
                        caused by or which may be caused by the
                        violation of any law or the potential violation
                        of any law, or
                            ``(ii) is paid to come into compliance with
                        any law which was violated or involved in the
                        investigation or inquiry, and
                    ``(B) is identified as restitution or as an amount
                paid to come into compliance with the law, as the case
                may be, in the court order or settlement agreement.
        Identification pursuant to subparagraph (B) alone shall not
        satisfy the requirement under subparagraph (A). This paragraph
        shall not apply to any amount paid or incurred as reimbursement
        to the government or entity for the costs of any investigation
        or litigation.
            ``(3) Exception for amounts paid or incurred as the result
        of certain court orders.--Paragraph (1) shall not apply to any
        amount paid or incurred by order of a court in a suit in which
        no government or entity described in paragraph (4) is a party.
            ``(4) Certain nongovernmental regulatory entities.--An
        entity is described in this paragraph if it is--
                    ``(A) a nongovernmental entity which exercises
                self-regulatory powers (including imposing sanctions)
                in connection with a qualified board or exchange (as
                defined in section 1256(g)(7)), or
                    ``(B) to the extent provided in regulations, a
                nongovernmental entity which exercises self-regulatory
                powers (including imposing sanctions) as part of
                performing an essential governmental function.
            ``(5) Exception for taxes due.--Paragraph (1) shall not
        apply to any amount paid or incurred as taxes due.''.
    (b) Reporting of Deductible Amounts.--
            (1) In general.--Subpart B of part III of subchapter A of
        chapter 61 of the Internal Revenue Code of 1986 is amended by
        inserting after section 6050T the following new section:

``SEC. 6050U. INFORMATION WITH RESPECT TO CERTAIN FINES, PENALTIES, AND
              OTHER AMOUNTS.

    ``(a) Requirement of Reporting.--
            ``(1) In general.--The appropriate official of any
        government or entity which is described in section 162(f)(4)
        which is involved in a suit or agreement described in paragraph
        (2) shall make a return in such form as determined by the
        Secretary setting forth--
                    ``(A) the amount required to be paid as a result of
                the suit or agreement to which paragraph (1) of section
                162(f) applies,
                    ``(B) any amount required to be paid as a result of
                the suit or agreement which constitutes restitution or
                remediation of property, and
                    ``(C) any amount required to be paid as a result of
                the suit or agreement for the purpose of coming into
                compliance with any law which was violated or involved
                in the investigation or inquiry.
            ``(2) Suit or agreement described.--
                    ``(A) In general.--A suit or agreement is described
                in this paragraph if--
                            ``(i) it is--
                                    ``(I) a suit with respect to a
                                violation of any law over which the
                                government or entity has authority and
                                with respect to which there has been a
                                court order, or
                                    ``(II) an agreement which is
                                entered into with respect to a
                                violation of any law over which the
                                government or entity has authority, or
                                with respect to an investigation or
                                inquiry by the government or entity
                                into the potential violation of any law
                                over which such government or entity
                                has authority, and
                            ``(ii) the aggregate amount involved in all
                        court orders and agreements with respect to the
                        violation, investigation, or inquiry is $600 or
                        more.
                    ``(B) Adjustment of reporting threshold.--The
                Secretary may adjust the $600 amount in subparagraph
                (A)(ii) as necessary in order to ensure the efficient
                administration of the internal revenue laws.
            ``(3) Time of filing.--The return required under this
        subsection shall be filed not later than--
                    ``(A) 30 days after the date on which a court order
                is issued with respect to the suit or the date the
                agreement is entered into, as the case may be, or
                    ``(B) the date specified Secretary.
    ``(b) Statements to Be Furnished to Individuals Involved in the
Settlement.--Every person required to make a return under subsection
(a) shall furnish to each person who is a party to the suit or
agreement a written statement showing--
            ``(1) the name of the government or entity, and
            ``(2) the information supplied to the Secretary under
        subsection (a)(1).
The written statement required under the preceding sentence shall be
furnished to the person at the same time the government or entity
provides the Secretary with the information required under subsection
(a).
    ``(c) Appropriate Official Defined.--For purposes of this section,
the term `appropriate official' means the officer or employee having
control of the suit, investigation, or inquiry or the person
appropriately designated for purposes of this section.''.
            (2) Conforming amendment.--The table of sections for
        subpart B of part III of subchapter A of chapter 61 of the
        Internal Revenue Code of 1986 is amended by inserting after the
        item relating to section 6050T the following new item:

        ``Sec. 6050U. Information with respect to certain fines,
                            penalties, and other amounts.''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred on or after the date of the enactment
of this Act, except that such amendments shall not apply to amounts
paid or incurred under any binding order or agreement entered into
before such date. Such exception shall not apply to an order or
agreement requiring court approval unless the approval was obtained
before such date.

Output:
Government Settlement Transparency Act of 2005 - Amends the Internal Revenue Code to revise the rule denying a tax deduction for fines and penalties paid to a government for the violation of any law to provide that no deduction shall be allowed for any fine or penalty paid (whether by suit, agreement, or otherwise) to, or at the direction of, a government or nongovernmental regulatory entity for a violation of law or for the investigation or inquiry by such government or entity into a potential violation of any law.

Allows exceptions to the general rule of nondeductibility for: (1) certain restitution payments or payments required to come into compliance with law; (2) court-ordered payments not involving a government or nongovernmental regulatory entity; and (3) amounts paid or incurred as taxes due.

Requires governmental agencies involved in a settlement with a taxpayer to report to the Secretary of the Treasury and the taxpayer information about such settlement, including the amount of the settlement, the amount paid as restitution or remediation of property, and the amount paid to come into compliance with law.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worksite Wellness Act of 1993''.

SEC. 2. STATEMENT OF FINDINGS.

    The Congress hereby finds that--
            (1) more businesses are promoting disease prevention,
        healthy lifestyles, and good nutrition through wellness
        programs than did so in the past;
            (2) businesses can save on insurance premiums and reduce
        the number of health insurance claims filed by their employees
        if employees would participate in a wellness program;
            (3) wellness programs lead to lower health care costs,
        reduced absenteeism, increased productivity, and higher morale;
            (4) one of the Healthy People 2000 national health
        objectives is to have disease prevention and health promotion
        programs in at least 85 percent of worksites with 50 or more
        employees;
            (5) a recent survey conducted by the Office of Disease
        Prevention and Health Promotion reported that 81 percent of
        companies with 50 or more employees had at least 1 health
        promotion activity in 1992 compared with 66 percent in 1985;
        and
            (6) small businesses have less money to devote to employee
        benefits and therefore shall be given greater incentives to
        invest in wellness programs for their employees.

SEC. 3. CREDIT FOR EXPENDITURES TO IMPLEMENT HEALTH PROMOTION AND
              DISEASE REDUCTION PROGRAMS.

    (a) General Rule.--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 thereof the following new
section:

``SEC. 45A. EXPENDITURES TO IMPLEMENT WELLNESS PROGRAMS FOR EMPLOYEES.

    General Rule.--For purposes of section 38, in the case of an
eligible small employer, the amount of the wellness program credit
determined under this section for the taxable year is 50 percent of the
qualified wellness program expenses paid or incurred by the taxpayer
during the taxable year.
    ``(b) Limitation.--The credit determined under subsection (a) with
respect to any eligible small employer for any taxable year shall not
exceed $10,000.
    ``(c) Eligible Small Employer.--The term `eligible small employer'
means any employer if--
            ``(1) either--
                    ``(A) the gross receipts of such employer for the
                preceding taxable year did not exceed $3,500,000, or
                    ``(B) in the case of any employer to which
                subparagraph (A) does not apply, such employer employee
                not more than 500 full-time employees during the
                preceding taxable year, and
            ``(2) such employer elects the application of this section
        for the taxable year.
For purposes of paragraph (1)(B), an employee shall be considered a
full-time employee if such employee is employed at least 30 hours per
week for 20 or more calendar weeks in the calendar year.
    ``(d) Qualified Wellness Program Expenses.--For purposes of this
section--
            ``(1) In general.--Except as otherwise provided in this
        subsection, the term `qualified wellness program expenses'
        means the expenses paid or incurred by the taxpayer in
        providing services (and other benefits) to employees under a
        qualified wellness program of the taxpayer.
            ``(2) Depreciation allowances.--For purposes of this
        subsection, depreciation allowances under section 167 shall be
        treated as expenses.
            ``(3) Only domestic employment qualified.--Amounts may be
        taken into account under paragraph (1) with respect to any
        services only if such services are provided in the United
        States.
    ``(e) Qualified Wellness Program.--For purposes of this section,
the term `qualified wellness program' means any separate written plan
of an employer for the exclusive benefit of his employees if--
            ``(1) such plan provides employees with 1 or more of the
        following benefits:
                    ``(A) physical fitness or sports programs,
                    ``(B) nutrition or weight control programs,
                    ``(C) programs to reduce use of tobacco, alcohol,
                or other drugs,
                    ``(D) mental health programs,
                    ``(E) maternal and infant health programs,
                    ``(F) heart disease prevention programs,
                    ``(G) immunization programs, and
                    ``(H) programs for clinical prevention services.
            ``(2) such plan benefits employees who qualify under a
        classification set up by the employer and found by the
        Secretary not to be discriminatory in favor of employees who
        are highly compensated employees (within the meaning of section
        414(q)) or their dependents, and
            ``(3) such plan does not provide eligible employees with a
        choice between benefits under such plan and other remuneration
        includible in gross income.
    ``(f) Special Rules.--
            ``(1) Application of discrimination rules.--For purposes of
        subsection (e)(2), there shall be excluded from consideration
        employees not included in the program who are included in a
        unit of employees covered by an agreement which the Secretary
        of Labor finds to be a collective bargaining agreement between
        employee representatives and 1 or more employers.
            ``(2) Certain business practices.--For purposes of
        subsection (e)(3), the business practices of the employer (as
        well as the written plan) shall be taken into account.
            ``(3) Certain other rules made applicable.--For purpose of
        this section, rules similar to the rules of paragraphs (2),
        (3), (4), (5), and (6) of section 44(d) shall apply.''
    (b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
            ``(9) in the case of an eligible small employer, the
        wellness program credit determined under section 45A(a).''
    (c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end thereof the following new subsection:
    ``(d) Credit for Wellness Program Expenses.--No deduction shall be
allowed for that portion of the qualified wellness program expenses (as
defined in section 45A(c)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit determined for
such taxable year under section 45A(a).''
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Output: Worksite Wellness Act of 1993 - Amends the Internal Revenue Code to allow eligible small employers a tax credit for 50 percent of qualified wellness program expenses incurred for their employees.  Makes such credit a part of the general business credit and limits it to $10,000.


Input:
SECTION 1. LAND CONVEYANCE, LEWIS AND CLARK NATIONAL HISTORIC TRAIL,
              NEBRASKA.

    (a) Conveyance Authorized.--The Secretary of the Interior may
convey, without consideration, to The Missouri River Basin Lewis and
Clark Interpretive Trail and Visitor Center Foundation, Inc., a
501(c)(3) not-for-profit organization with operational headquarters at
100 Valmont Drive, Nebraska City, Nebraska, 68410, all right, title and
interest of the United States in and to the federally owned land under
jurisdiction of the Secretary consisting of 2 parcels described as
follows:
                    Tract 102-01, 64.92 acres, a tract of land situated
                in the East Half Northwest Quarter of Section 15,
                Township 8 North, Range 14 East, Sixth Principal
                Meridian, Otoe County, Nebraska, except 5 acres
                therefrom, being 5 acres out of the Northwest corner of
                said East Half of said Northwest Quarter, said 5 acres
                being described as follows:
                    Beginning at the Northwest corner of the East Half
                of the Northwest Quarter, thence running 40 rods East
                along the North line of said East half of the Northwest
                Quarter; thence running 20 rods North along said West
                line to the places of beginning; and also except a
                tract consisting of 9.38 acres more or less, acquired
                by the State of Nebraska for highway right-of-way, in a
                condemnation proceeding filed in the County Court of
                Otoe County, Nebraska, the description of which is more
                particularly described in Book 49 Miscellaneous Records
                at page 18 of the records in the Office of the Register
                of Deeds, Otoe County, Nebraska; and except a right-of-
                way for road out of the Southeast corner of said 80
                acres, 5 rods and 25 feet long, running North and
                South.
                    Tract 102-02, 13.00 acres, a tract of land situated
                in the South Half Section 10 with the southeasterly
                right-of-way line of State Highway 2 as acquired by the
                State of Nebraska by document recorded September 15,
                1983 in Book 49 of the miscellaneous records, Page 52
                of the Otoe County records, said point of beginning is
                Westerly 275.54 feet as measured along said Section
                line from the Southeast Quarter of said Section 10
                according to plat of right-of-way by the State of
                Nebraska Department of Roads Right of Way Division;
                    Thence Easterly along said Section line 275.54 feet
                to the northwest corner of Northwest Quarter Northeast
                Quarter of said Section 15;
                    Thence Southerly along the west line of said
                Northwest Quarter Northeast Quarter 1320.00 feet, more
                or less, to the southwest corner thereof;
                    Thence Easterly along the south line of said
                Northwest Quarter Northeast Quarter 250.00 feet;
                    Thence Northerly parallel with the west line of
                said Northwest Quarter Northeast Quarter 700.00 feet;
                    Thence along a line deflecting to the right 53 00
                minutes 00 seconds to the intersection with the
                southwesterly line of a 200 foot wide strip of land
                conveyed to Chicago, Burlington, and Quincy Railroad
                Company by deed recorded March 15, 1986 in Deed Book
                115, Page 288 of the Otoe County records;
                    Thence Northwesterly along the right of way of the
                railroad to the intersection with aforesaid
                southeasterly right-of-way line of the State Highway 2;
                    Thence along said Highway right-of-way line the
                following four courses:
                    (1) deflecting to the left 34 44 minutes 59 seconds
                a distance of 109.40 feet;
                    (2) deflecting to the right 28 30 minutes 19
                seconds a distance of 93.86 feet;
                    (3) deflecting to the left 51 03 minutes 26 seconds
                a distance of 90.00 feet; and
                    (4) deflecting to the left 55 26 minutes 58 seconds
                a distance of 322.28 feet to the point of beginning and
                containing 13.00 acres of land, more or less.
    (b) Survey; Conveyance Cost.--The exact acreage and legal
description of the land to be conveyed under section (a) shall be
determined by a survey satisfactory to the Secretary. The cost of the
survey and all other costs incurred by the Secretary to convey the land
shall be borne by the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc.
    (c) Condition of Conveyance, Use of Conveyed Land.--The conveyance
authorized under subsection (a) shall be subject to the condition that
the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor
Center Foundation, Inc. use the conveyed land as a historic site and
interpretive center for the Lewis and Clark National Historic Trail.
    (d) Discontinuance of Use.--If Missouri River Basin Lewis and Clark
Interpretive Trail and Visitor Center Foundation, Inc. determines to
discontinue use of the land conveyed under subsection (a) as an
historic site and interpretive center for the Lewis and Clark National
Historic Trail, the Missouri River Basin Lewis and Clark Interpretive
Trail and Visitor Center Foundation, Inc. shall convey lands back to
the Secretary without consideration.
    (e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) or the conveyance, if any, under subsection (d) as
the Secretary considers appropriate to protect the interests of the
United States.
    (f) Authorization of Appropriations.--To assist with the operation
of the facility there is authorized to be appropriated $150,000 per
year for a period not to exceed 10 years.

Output: Authorizes the Secretary of the Interior to convey to the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc., specified federal land associated with the Lewis and Clark National Historic Trail in Nebraska, to be used as an historic site and interpretive center for the Trail.