Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``One Percent Spending Reduction Act
of 2014''.

SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The fiscal crisis faced by the Federal Government
        demands immediate action.
            (2) The dramatic growth in spending and debt in recent
        years threatens our economic and national security:
                    (A) Federal spending has grown from 18 percent of
                GDP in 2001 to over 20 percent of GDP in 2014.
                    (B) Total Federal debt exceeds $17,000,000,000,000
                and is projected to increase each year over the next 10
                years.
                    (C) Without action, the Federal Government will
                continue to run massive deficits in the next decade and
                total Federal debt will rise to $27,000,000,000,000 by
                2024.
                    (D) Interest payments on this debt will soon rise
                to the point where balancing the budget as a matter of
                policy is beyond the reach of Congress.
            (3) Due to recent tax hikes, Federal revenues are scheduled
        to rise to approximately 18 percent of GDP, inline with the
        average of about 18 percent of GDP over the past 40 years.
            (4) Absent reform, the growth of Social Security, Medicare,
        Medicaid, and other health-related spending will overwhelm all
        other Federal programs and consume all projected tax revenues.
    (b) Purpose.--The purpose of this Act is to address the fiscal
crisis by--
            (1) acting quickly to balance the Federal budget and
        eliminate the parade of deficits and ballooning interest
        payments;
            (2) achieving balance by reducing spending one percent per
        year until spending equals projected long-term revenues; and
            (3) reforming entitlement programs to ensure long-term
        fiscal stability and balance.

SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAPS.

    (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 900 et seq.) is amended by inserting after
section 253 the following:

``SEC. 253A. ESTABLISHING OUTLAY CAPS.

    ``(a) Outlay Caps.--In this section, the term `outlay cap' means:
            ``(1) Fiscal year 2015.--For fiscal year 2015, the
        aggregate outlays (less net interest payments) shall be
        $3,774,000,000,000, less one percent.
            ``(2) Fiscal year 2016.--For fiscal year 2016, the
        aggregate outlays (less net interest payments) shall be the
        amount computed under paragraph (1), less one percent.
            ``(3) Fiscal year 2017.--For fiscal year 2017, the
        aggregate outlays (less net interest payments) shall be the
        amount computed under paragraph (2), less one percent.
            ``(4) Fiscal year 2018 and subsequent fiscal years.--
                    ``(A) In general.--For fiscal year 2018 and each
                fiscal year thereafter, the aggregate outlays shall be
                18 percent of the gross domestic product for that
                fiscal year, as estimated by the Office of Management
                and Budget prior to March of the previous fiscal year.
                    ``(B) Limitation.--Notwithstanding subparagraph
                (A), for any fiscal year beginning with fiscal year
                2019, the aggregate projected outlays may not be less
                than the aggregate projected outlays for the preceding
                fiscal year.
    ``(b) Sequestration.--
            ``(1) In general.--
                    ``(A) Excess spending.--Not later than 45 calendar
                days after the beginning of a fiscal year, the Office
                of Management and Budget shall prepare and the
                President shall order a sequestration to eliminate any
                excess outlay amount.
                    ``(B) Definitions.--
                            ``(i) Fiscal years 2015 through 2017.--For
                        each of fiscal years 2015 through 2017 and for
                        purposes of this subsection, the term `excess
                        outlay amount' means the amount by which total
                        projected Federal outlays (less net interest
                        payments) for a fiscal year exceeds the outlay
                        cap for that fiscal year.
                            ``(ii) Fiscal year 2018 and subsequent
                        fiscal years.--For fiscal year 2018 and each
                        fiscal year thereafter and for purposes of this
                        subsection, the term `excess outlay amount'
                        means the amount by which total projected
                        Federal outlays for a fiscal year exceeds the
                        outlay cap for that fiscal year.
            ``(2) Sequestration.--
                    ``(A) CBO preview report.--On August 15 of each
                year, the Congressional Budget Office shall issue a
                sequestration preview report as described in section
                254(c)(4).
                    ``(B) OMB preview report.--On August 20 of each
                year, the Office of Management and Budget shall issue a
                sequestration preview report as described in section
                254(c)(4).
                    ``(C) Final report.--On October 31 of each year,
                the Office of Management and Budget shall issue its
                final sequestration report as described in section
                254(f)(3). It shall be accompanied by a Presidential
                order detailing uniform spending reductions equal to
                the excess outlay amount as defined in this section.
                    ``(D) Process.--The reductions shall generally
                follow the process set forth in sections 253 and 254,
                except as provided in this section.
            ``(3) Congressional action.--If the August 20 report by the
        Office of Management and Budget projects a sequestration, the
        Committee on the Budget of the Senate and the Committee on the
        Budget of the House of Representatives may report a resolution
        directing committees of their House to change the existing law
        to achieve the spending reductions outlined in the August 20
        report necessary to meet the outlay limits.
    ``(c) No Exempt Programs.--Section 255 and section 256 shall not
apply to this section or any sequestration order issued under this
section, except that payments for net interest (budget function 900)
shall be exempt from the spending reductions under sequestration.
    ``(d) Look Back.--If, after November 14, a bill resulting in
outlays for the fiscal year in progress is enacted that causes excess
outlays, the excess outlay amount for the next fiscal year shall be
increased by the amount or amounts of that breach.''.
    (b) Conforming Amendments to BBEDCA.--
            (1) Sequestration preview reports.--Section 254(c)(4) of
        the Balanced Budget and Emergency Deficit Control Act of 1985
        (2 U.S.C. 904(c)(4)) is amended to read as follows:
            ``(4) Outlay cap sequestration reports.--The preview
        reports shall set forth for the budget year estimates for the
        following:
                    ``(A)(i) For each of budget years 2015 through
                2017, the aggregate projected outlays (less net
                interest payments), less one percent.
                    ``(ii) For budget year 2018 and each subsequent
                budget year, the estimated gross domestic product (GDP)
                for that budget year.
                    ``(B) The amount of reductions required under
                section 253A.
                    ``(C) The sequestration percentage necessary to
                achieve the required reduction under section 253A.''.
            (2) Final sequestration reports.--Section 254(f)(3) of the
        Balanced Budget and Emergency Deficit Control Act of 1985 (2
        U.S.C. 904(f)(3)) is amended to read as follows:
            ``(3) Outlay caps sequestration reports.--The final reports
        shall contain all the information required in the outlay cap
        sequestration preview reports. In addition, these reports shall
        contain, for the budget year, for each account to be
        sequestered, estimates of the baseline level of sequestrable
        budgetary resources and resulting outlays and the amount of
        budgetary sources to be sequestered and result in outlay
        reductions. The reports shall also contain estimates of the
        effects on outlays on the sequestration of each outyear for
        direct spending programs.''.
    (c) Enforcement.--Title III of the Congressional Budget Act of 1974
(2 U.S.C. 631 et seq.) is amended by adding after section 315 the
following:

``SEC. 316. ENFORCEMENT PROCEDURES.

    ``(a) Outlay Caps.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, amendment between the Houses, or conference report that
includes any provision that would cause the most recently reported,
current outlay cap set forth in section 253A of the Balanced Budget and
Emergency Deficit Control Act of 1985 to be breached.
    ``(b) Waiver or Suspension.--
            ``(1) In the senate.--The provisions of this section may be
        waived or suspended in the Senate only by the affirmative vote
        of two-thirds of the Members, duly chosen and sworn.
            ``(2) In the house.--The provisions of this section may be
        waived or suspended in the House of Representatives only by a
        rule or order proposing only to waive such provisions by an
        affirmative vote of two-thirds of the Members, duly chosen and
        sworn.
    ``(c) Point of Order Protection.--In the House, it shall not be in
order to consider a rule or order that waives the application of
paragraph (2) of subsection (b).
    ``(d) Motion To Suspend.--It shall not be in order for the Speaker
to entertain a motion to suspend the application of this section under
clause 1 of rule XV.''.

SEC. 4. CONFORMING AMENDMENTS.

    The table of contents set forth in--
            (1) section 1(b) of the Congressional Budget and
        Impoundment Control Act of 1974 is amended by inserting after
        the item relating to section 315 the following new item:

``Sec. 316. Enforcement procedures.'';
        and
            (2) section 250(a) of the Balanced Budget and Emergency
        Deficit Control Act of 1985 is amended by inserting after the
        item relating to section 253 the following new item:

``Sec. 253A. Establishing outlay caps.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall apply to fiscal
year 2015 and each fiscal year thereafter, including any reports and
calculations required for implementation in fiscal year 2015.

Output: One Percent Spending Reduction Act of 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish and enforce new spending caps. Establishes the aggregate outlay cap (less net interest payments) for FY2015 at $3.774 trillion, less 1%. Reduces the outlay cap for FY2016-FY2017 by 1% of the previous fiscal year's outlay cap. Requires the outlay cap for FY2018 and subsequent fiscal years to be 18% of the gross domestic product (GDP) for that fiscal year as estimated by the Office of Management and Budget (OMB). Prohibits outlays from being less than those for the preceding fiscal year for any fiscal year beginning with FY2019. Requires OMB to enforce the spending caps using a sequestration to eliminate any excess spending through automatic cuts. Eliminates most exemptions from sequestration.    Permits the budget committees to report a resolution directing the committees of their respective chambers to change existing law to achieve the spending reductions necessary to meet the outlay limits if a sequestration is projected.   Amends the Congressional Budget Act of 1974 to create procedures for the House and Senate to enforce the outlay caps established in this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Renewable Energy from Agricultural
Products (REAP) Act''.

SEC. 2. CREDIT FOR ELECTRICITY PRODUCED FROM BIOMASS.

    (a) Extension and Modification of Placed-In-Service Rules.--
Paragraph (3) of section 45(c) of the Internal Revenue Code of 1986 is
amended--
            (1) by striking subparagraph (B) and inserting the
        following new subparagraph:
                    ``(B) Closed-loop biomass facility.--In the case of
                a facility using closed-loop biomass to produce
                electricity, the term `qualified facility' means any
                facility--
                            ``(i) owned by the taxpayer which is
                        originally placed in service after December 31,
                        1992, and before January 1, 2007, or
                            ``(ii) owned by the taxpayer which is
                        originally placed in service on or before
                        December 31, 1992, and modified to use closed-
                        loop biomass to co-fire with coal before
                        January 1, 2007.'',
            (2) by striking ``2002'' in subparagraph (C) and inserting
        ``2007'', and
            (3) by adding at the end the following new subparagraphs:
                    ``(D) Biomass facilities.--In the case of a
                facility using biomass (other than closed-loop biomass)
                to produce electricity, the term `qualified facility'
                means any facility owned by the taxpayer which is
                originally placed in service before January 1, 2007.
                    ``(E) Special rules.--In the case of a qualified
                facility described in subparagraph (B)(ii) or (D)--
                            ``(i) the 10-year period referred to in
                        subsection (a) shall be treated as beginning no
                        earlier than the date of the enactment of this
                        subparagraph,
                            ``(ii) subsection (b)(3) shall not apply to
                        any such facility originally placed in service
                        before January 1, 1997, and
                            ``(iii) if such a facility is leased and
                        the operator thereof is the lessee, such lessee
                        (and not the owner) shall be treated for
                        purposes of this section as owning such
                        facility.''.
    (b) Biomass Facilities.--
            (1) In general.--Section 45(c)(1) of such Act (defining
        qualified energy resources) is amended--
                    (A) by striking ``and'' at the end of subparagraph
                (B),
                    (B) by striking the period at the end of
                subparagraph (C) and inserting ``, and'', and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(D) biomass (other than closed-loop biomass).''.
            (2) Biomass defined.--Section 45(c) of such Code (relating
        to definitions) is amended by adding at the end the following
        new paragraph:
            ``(5) Biomass.--The term `biomass' means any solid,
        nonhazardous, cellulosic waste material which is segregated
        from other waste materials and which is derived from--
                    ``(A) any of the following forest-related
                resources: mill residues, precommercial thinnings,
                slash, and brush, but not including old-growth timber,
                    ``(B) solid wood waste materials, including waste
                pallets, crates, dunnage, manufacturing and
                construction wood wastes (other than pressure-treated,
                chemically treated, or painted wood wastes), and
                landscape or right-of-way tree trimmings, but not
                including municipal solid waste (garbage), gas derived
                from the biodegradation of solid waste, or paper that
                is commonly recycled, or
                    ``(C) agriculture sources, including orchard tree
                crops, vineyard, grain, legumes, sugar, and other crop
                by-products or residues.''.
    (c) Effective Date.--The amendments made by this section shall
apply to electricity sold after the date of the enactment of this Act.

SEC. 3. CREDIT FOR ELECTRICITY PRODUCED FROM AGRICULTURAL AND ANIMAL
              WASTE.

    (a) In General.--Paragraph (1) of section 45(c) of the Internal
Revenue Code of 1986, as amended by section 2, is amended by striking
``and'' at the end of subparagraph (C), by striking the period at the
end of subparagraph (D) and inserting ``, and'', and by adding at the
end the following new subparagraph:
                    ``(E) agricultural and animal waste.''.
    (b) Agricultural and Animal Waste.--Section 45(c) of such Code
(relating to definitions) is amended by adding at the end the following
new paragraph:
            ``(6) Agricultural and animal waste.--The term
        `agricultural and animal waste' means all waste heat, steam,
        and fuels produced from the conversion of agricultural and
        animal wastes, including byproducts, packaging, and any
        materials associated with the processing, feeding, selling,
        transporting, and disposal of agricultural and animal products
        or  wastes, including wood shavings, straw, rice hulls, and
other bedding for the disposition of manure.''.
    (c) Agricultural and Animal Waste Facilities.--Paragraph (3) of
section 45(c) of such Code is amended by adding at the end the
following new subparagraph:
                    ``(F) Agricultural and animal waste facilities.--In
                the case of a facility using agricultural and animal
                waste to produce electricity, the term `qualified
                facility' means any facility owned by the taxpayer
                which is originally placed in service after December
                31, 1992, and before January 1, 2005.''.
    (d) Effective Date.--The amendments made by this section shall
apply to electricity sold after the date of the enactment of this Act.

SEC. 4. REDUCTION OF MOTOR FUEL EXCISE TAX ON BIODIESEL MIXTURES.

    (a) In General.--Section 4081 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
    ``(f) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary--
            ``(1) In general.--The rate of tax under subsection (a)
        shall be 3 cents per gallon less than the otherwise applicable
        rate in the case of the removal or entry of a qualified
        biodiesel mixture.
            ``(2) Tax prior to mixing.--In the case of the removal or
        entry of diesel fuel for use in producing at the time of such
        removal or entry a qualified biodiesel mixture, the rate of tax
        under subsection (a) shall be the 3.06 cents per gallon less
        than the otherwise applicable rate.
            ``(3) Qualified biodiesel mixture.--For purposes of this
        subsection, the term `qualified biodiesel mixture' means any
        mixture of diesel fuel and biodiesel (as defined in section
        312(f) of the Energy Policy Act of 1992) if at least 2 percent
        of such mixture is biodiesel (as so defined).
            ``(5) Certain rules to apply.--Rules similar to the rules
        of paragraphs (6) and (7) of subsection (c) shall apply for
        purposes of this subsection.''.
    (b) Conforming Amendments.--
            (1) Section 4041 of such Code is amended by adding at the
        end the following new subsection:
    ``(n) Biodiesel Mixtures.--Under regulations prescribed by the
Secretary, in the case of the sale or use of a qualified biodiesel
mixture (as defined in section 4081(f)), the rates under paragraphs (1)
and (2) of subsection (a) shall be 3 cents per gallon less than the
otherwise applicable rates.''.
            (2) Section 6427 of such Code is amended by redesignating
        subsection (p) as subsection (q) and by inserting after
        subsection (o) the following new subsection:
    ``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if
any diesel fuel on which tax was imposed by section 4081 at a rate not
determined under section 4081(f) is used by any person in producing a
qualified biodiesel mixture (as defined in section 4081(f)) which is
sold or used in such person's trade or business, the Secretary shall
pay (without interest) to such person an amount equal to 3.06 cents per
gallon with respect to such fuel.''.
    (c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.
    (d) Highway Trust Fund Held Harmless.--There are hereby transferred
(from time to time) from the funds of the Commodity Credit Corporation
amounts equivalent to the reductions that would occur (but for this
subsection) in the receipts of the Highway Trust Fund by reason of the
amendments made by this section.

SEC. 5. HARVESTING OF SWITCH GRASS ON CONSERVATION RESERVE ACREAGE FOR
              USE IN ENERGY PRODUCTION.

    Section 1232(a)(7)(A) of the Food Security Act of 1985 (16 U.S.C.
3832(a)(7)(A)) is amended--
            (1) by striking ``and'' at the end of clause (i); and
            (2) by inserting after clause (ii) the following new
        clause:
                            ``(iii) harvesting of switch grass on such
                        land when the purpose of the harvesting is to
                        provide biomass for energy production, and such
                        commercial use of the harvested grass shall be
                        permitted without reduction in rental payments
                        under the contact; and''.

SEC. 6. USE OF BIODIESEL FUEL IN FEDERAL VEHICLES.

    Federal agencies shall use biodiesel fuel to operate any Federal
vehicle that uses diesel fuel, unless the cost of doing so is
prohibitive.

Output: Renewable Energy from Agricultural Products (REAP) Act - Amends the Internal Revenue Code respecting the credit for electricity produced from certain renewable resources to: (1) extend the credit; (2) expand the scope of qualifying closed-loop facilities; (3) make qualifying biomass (other than closed-loop biomass) and biomass facilities eligible for the credit; and (4) include electricity produced from agricultural and animal waste within the credit.Establishes a reduced excise tax rate for qualified biodiesel mixtures.Amends the Food Security Act of 1985 to permit harvesting of switch grass on conservation reserve acreage for energy production purposes.Requires Federal diesel vehicles to use biodiesel fuel unless cost-prohibitive.


Input:
SECTION 1. DESIGNATION OF SALT POND VISITOR CENTER AT THE CAPE COD
              NATIONAL SEASHORE.

    (a) Findings.--Congress finds that--
            (1) Thomas Phillip (``Tip'') O'Neill, Jr. was born on
        December 9, 1912, in a middle-class Irish neighborhood of North
        Cambridge, Massachusetts, to Thomas Phillip O'Neill, Sr. and
        Rose Ann O'Neill;
            (2) nicknamed ``Tip'' during his childhood, Tip O'Neill was
        educated in Roman Catholic schools, graduating from St. John's
        High School in 1931, where he was captain of the basketball
        team;
            (3) Tip O'Neill attended Boston College, where he ran for a
        Cambridge City Council seat during his senior year, his first
        attempt at running for office and only electoral defeat;
            (4) following his graduation from Boston College in 1936,
        Tip O'Neill was elected to the Massachusetts House of
        Representatives that same year as a New Deal Democrat whose
        political philosophy was shaped by his experience growing up in
        working-class Boston and his strong Catholic faith, which led
        him to view government as a means for helping the disadvantaged
        in society;
            (5) in 1949, Tip O'Neill became the first Democratic
        Speaker in the history of the Massachusetts State Legislature,
        serving as Speaker until 1952, when he ran successfully for the
        United States House of Representatives to fill the seat vacated
        by Senator-elect John F. Kennedy;
            (6) in 1958, inspired by the establishment of the Cape
        Hatteras National Seashore, a seashore park in the State of
        North Carolina, Representative Tip O'Neill, along with his
        close friend and colleague Representative Edward Boland,
        introduced legislation to protect land on Cape Cod as a
        national seashore;
            (7) in describing the area on Cape Cod referred to in
        paragraph (6), Henry David Thoreau wrote that ``[a] man may
        stand there and put all America behind him'', as the pristine
        sandy beach, marshes, ponds, and uplands supporting diverse
        species represent a unique, cherished jewel of nature;
            (8) the legislation referred to in paragraph (6)
        established a 40-mile National Park along the outer beach of
        Cape Cod, from the city of Chatham through the cities of
        Orleans, Eastham, Wellfleet, Truro, and Provincetown, including
        lighthouses, cultural landscapes, and wild cranberry bogs that
        offer a glimpse of the past and continuing ways of life of Cape
        Cod;
            (9) after introducing the legislation referred to in
        paragraph (6) in the 85th Congress, Tip O'Neill continued to
        advocate strongly for the establishment of the Cape Cod
        National Seashore, cosponsoring bills in the 86th and 87th
        Congresses, testifying at hearings, and working to advance the
        legislation through Congress;
            (10) the legislation to establish the Cape Cod National
        Seashore was intended to preserve one of the great natural
        marvels of the United States, including the unbroken beach and
        moors, marshes, forests, and freshwater ponds that are home to
        many species of birds, fish, animals, and plants;
            (11) on August 7, 1961, President Kennedy signed into law
        Public Law 87-126, which authorized the establishment the Cape
        Cod National Seashore;
            (12) in 1966, the Cape Cod National Seashore was formally
        established, and Representative O'Neill attended the May 30,
        1966, ceremony inaugurating the Salt Pond Visitor Center;
            (13) the Cape Cod National Seashore has become a national
        treasure, with millions of Americans and visitors from around
        the world enjoying the beauty and remarkable biodiversity of
        the Cape Cod National Seashore;
            (14) Tip O'Neill and his family maintained a home on Cape
        Cod in Harwich Port, and he was a frequent visitor to the
        National Seashore throughout his service in Congress and his
        retirement;
            (15) while a Member of Congress, Tip O'Neill rose quickly
        through the leadership ranks due to his extraordinary political
        skills, mastery of the legislative process, and sharp wit,
        serving first as Majority Whip in the House of Representatives
        beginning in 1971 and then, in 1973, as House Majority Leader;
            (16) one of Tip O'Neill's greatest accomplishments as
        Speaker was the crafting of a peace accord between warring
        factions in Northern Ireland, during which he worked with
        fellow Irish-American politicians, including Senator Edward M.
        Kennedy, to develop the ``St. Patrick's Day declaration'',
        which denounced violence in Northern Ireland and culminated
        with the Irish aid package on the signing of the Anglo-Irish
        Agreement in 1985;
            (17) on January 3, 1987, Tip O'Neill retired from Congress,
        having served in public life for 50 years, including 34 years
        as a Member of Congress and 10 years as Speaker of the House,
        the longest continuous term of any Speaker since the first
        Congress met in 1789;
            (18) Tip O'Neill's extraordinary record of public service
        to the United States and tremendous accomplishments and
        unmatched attention to the needs of his constituents led
        President George H.W. Bush in 1991 to present Tip O'Neill with
        the Presidential Medal of Freedom, the highest civilian award
        in the United States; and
            (19) it is fitting to recognize the support of Tip O'Neill
        for the protection of the natural, historic, and cultural
        resources of the National Parks of the State of Massachusetts.
    (b) Designation.--The Salt Pond Visitor Center at Cape Cod National
Seashore in Eastham, Massachusetts, is designated as the ``Thomas P.
O'Neill, Jr. Salt Pond Visitor Center''.
    (c) References.--Any reference to the Salt Pond Visitor Center at
Cape Cod National Seashore in any law, regulation, map, document,
record, or other paper of the United States shall be considered to be a
reference to the ``Thomas P. O'Neill, Jr. Salt Pond Visitor Center''.
    (d) Signage.--The Secretary of the Interior may post an
interpretive sign at the visitor center described in this section
that--
            (1) includes information on Thomas P. O'Neill, Jr. and his
        contributions as a Member of the United States House of
        Representatives;
            (2) includes an image of Thomas P. O'Neill, Jr.; and
            (3) refers to the efforts of Thomas P. O'Neill, Jr. to aid
        in the preservation of the Cape Cod National Seashore and other
        National Parks in the State of Massachusetts.

Output: Designates the Salt Pond Visitor Center at Cape Cod National Seashore in Eastham, Massachusetts, as the "Thomas P. O'Neill, Jr. Salt Pond Visitor Center".


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Security Enhancement
Investment Act of 2001''.

SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF QUALIFYING
              SECURITY ENHANCEMENT PROPERTY.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by inserting after section
179A the following new section:

``SEC. 179B. SECURITY ENHANCEMENT PROPERTY.

    ``(a) Allowance of Deduction.--A taxpayer may elect to treat the
cost of any qualifying security enhancement property as an expense
which is not chargeable to capital account. Any cost so treated shall
be allowed as a deduction for the taxable year in which such device is
placed in service.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Qualifying security enhancement property.--The term
        `qualifying security enhancement property' means security
        enhancement property--
                    ``(A) to which section 168 applies,
                    ``(B) which is acquired by purchase (as defined in
                section 179(d)(2)), and
                    ``(C) which is installed or placed in service in or
                outside of a building which is owned or occupied by the
                taxpayer and which is located in the United States.
            ``(2) Security enhancement property.--
                    ``(A) In general.--The term `security enhancement
                property' means property which is specifically and
                primarily designed when installed in or outside of a
                building--
                            ``(i) to detect or prevent the unlawful
                        access by individuals into the building or onto
                        its grounds,
                            ``(ii) to detect or prevent the unlawful
                        bringing into the building or onto its grounds
                        of weapons, explosives, hazardous materials, or
                        other property capable of harming the occupants
                        of the building or damaging the building, or
                            ``(iii) to protect occupants of the
                        building or the building from the effects of
                        property described in clause (ii).
                    ``(B) Certain property included.--The term
                `security enhancement property' includes--
                            ``(i) any security device, or
                            ``(ii) any barrier to access to the
                        building grounds.
            ``(3) Security device.--The term `security device' means
        any of the following:
                    ``(A) An electronic access control device or
                system.
                    ``(B) Biometric identification or verification
                device or system.
                    ``(C) Closed-circuit television or other
                surveillance and security cameras and equipment.
                    ``(D) Locks for doors and windows, including
                tumbler, key, and numerical or other coded devices.
                    ``(E) Computers and software used to combat
                cyberterrorism.
                    ``(F) Electronic alarm systems to provide detection
                notification and off-premises transmission of an
                unauthorized entry, attack, or fire.
                    ``(G) Components, wiring, system displays,
                terminals, auxiliary power supplies, and other
                equipment necessary or incidental to the operation of
                any item described in subparagraph (A), (B), (C), (D),
                (E), or (F).
            ``(4) Building.--The term `building' includes any structure
        or part of a structure used for commercial, retail, or business
        purposes.
    ``(c) Special Rules.--
            ``(1) Basis reduction.--For purposes of this subtitle, if a
        deduction is allowed under this section with respect to the
        purchase of a qualifying security device, the basis of such
        device shall be reduced by the amount of the deduction so
        allowed.
            ``(2) Only incremental cost included.--If qualifying
        security enhancement property has a use or function other than
        that described in subsection (b)(2), only the incremental cost
        of the use or function so described shall be taken into
        account.
            ``(3) Certain rules to apply.--Rules similar to the rules
        of paragraphs (3) and (4) of section 179(b), section 179(c),
        and paragraphs (3), (4), (8), and (10) of section 179(d), shall
        apply for purposes of this section.''
    (b) Conforming and Clerical Amendments.--
            (1) Section 263(a)(1) of the Internal Revenue Code of 1986
        is amended by striking ``or'' at the end of subparagraph (G),
        by striking the period at the end of subparagraph (H) and
        inserting ``, or'', and by inserting after subparagraph (H) the
        following new subparagraph:
                    ``(I) expenditures for which a deduction is allowed
                under section 179B.''
            (2) Section 312(k)(3)(B) of such Code is amended--
                    (A) by striking ``or 179A'' and inserting ``, 179A,
                or 179B'', and
                    (B) by striking ``or 179a'' in the heading and
                inserting ``, 179a, or 179b''.
            (3) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (27), by striking the period at
        the end of paragraph (28) and inserting ``, and'', and by
        inserting after paragraph (28) the following new paragraph:
            ``(29) to the extent provided in section 179B(c)(1),''.
            (4) Section 1245(a) of such Code is amended by inserting
        ``179B,'' after ``179A,'' both places it appears in paragraphs
        (2)(C) and (3)(C).
            (5) The table of sections for part VI of subchapter B of
        chapter 1 of such Code is amended by inserting after the item
        relating to section 179A the following new item:

                              ``Sec. 179B. Security enhancement
                                        property.''
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after September 10, 2001, in
taxable years ending after September 10, 2001.

Output: American Security Enhancement Investment Act of 2001 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security enhancement property.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom For Consumer Choice Act''.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act, the following definitions shall
apply:
            (1) Antitrust laws.--The term ``antitrust laws'' includes--
                    (A) the Act entitled ``An Act to protect trade and
                commerce against unlawful restraints and monopolies'',
                approved July 2, 1890;
                    (B) sections 73 through 76 of an Act entitled ``An
                Act to reduce taxation, to provide revenue for the
                Government, and for other purposes'', approved August
                27, 1894;
                    (C) the Act entitled ``An Act to amend sections 73
                and 76 of the Act of August 27, 1894, entitled An Act
                to reduce taxation, to provide revenue for the
                Government, and for other purposes'', approved February
                12, 1913; and
                    (D) the Act entitled ``An Act to supplement
                existing laws against unlawful restraints and
                monopolies, and for other purposes'', approved October
                15, 1914.
            (2) Commission.--The term ``Commission'' means the Federal
        Communications Commission.
            (3) Electronic communications network.--The term
        ``electronic communications network'' means--
                    (A) a transmission system; and
                    (B) where applicable, switching or routing
                equipment and other facilities which permit the
                conveyance of signals by wire, radio, optical, or other
                electromagnetic means, over satellite, cable, or other
                facilities, whether fixed or mobile, to the extent that
                such facilities are used for the purpose of
                transmitting signals, irrespective of the type of
                information conveyed.
            (4) Electronic communications service.--The term
        ``electronic communications service'' means a service normally
        provided for remuneration which consists wholly or mainly in
        the conveyance of signals on electronic communications
        networks.
            (5) Unfair methods of competition.--
                    (A) In general.--The term ``unfair methods of
                competition'' means--
                            (i) practices that present a threat of
                        abuse of significant and nontransitory market
                        power as determined by the Commission
                        consistent with the application of
                        jurisprudential principles grounded in market-
                        oriented competition analysis such as those
                        commonly employed by the Federal Trade
                        Commission and the United States Department of
                        Justice in enforcing the Federal Trade
                        Commission Act (15 U.S.C. 41 et seq.) and the
                        antitrust laws of the United States; and
                            (ii) with respect to interconnection,
                        practices that pose a substantial and
                        nontransitory risk to consumer welfare by
                        materially and substantially impeding the
                        interconnection of public communications
                        facilities and services in circumstances in
                        which the Commission determines that
                        marketplace competition is not sufficient to
                        adequately protect consumer welfare.
                    (B) Interconnection determination.--In making any
                determination under subparagraph (A)(ii), the
                Commission shall consider whether requiring
                interconnection will adversely affect investment in
                facilities and innovation in services.
    (b) Common Terminology.--Except as otherwise provided in subsection
(a), terms used in this Act shall have the same meaning given to such
terms under sections 3, 254, and 602 of the Communications Act of 1934
(47 U.S.C. 153, 254, and 522).

SEC. 3. FINDINGS AND POLICY.

    (a) Findings.--Congress finds that--
            (1) in 1996, Congress enacted and the President signed into
        law the Telecommunications Act of 1996, which was intended to
        provide a procompetitive, deregulatory framework designed to
        facilitate the continuing transition to a more competitive
        communications market;
            (2) since the enactment and implementation of the
        Telecommunications Act of 1996, rapid advances in technology
        and marketplace developments have further increased the
        existence of competition in all communications markets and the
        likelihood of the continuing existence and increasing intensity
        of competition;
            (3) competition in a dynamic communications marketplace is
        the most effective and efficient means for protecting consumers
        and enhancing the consumer welfare of all the people of the
        United States in terms of achieving the optimum mix of price,
        quality, and consumer choice; and
            (4) unnecessary regulation regarding protection of
        consumers and enhancement of consumer welfare deters--
                    (A) investment in new and advanced communications
                facilities; and
                    (B) the development of new services and
                applications.
    (b) Policy.--It shall be the policy of the United States
Government--
            (1) to promote the widespread availability of
        communications services for all Americans in order to assure
        that the American people have access to a diversity of
        information sources necessary for democratic government;
            (2) to promote the integrity, reliability, and efficiency
        of communications facilities in a manner consistent with--
                    (A) the encouragement of investment in advanced
                communications networks; and
                    (B) innovation in communications services and
                applications;
            (3) that economic regulation of communications markets
        should be presumed unnecessary absent circumstances that
        demonstrate the existence of a significant threat of abuse of
        market power that poses a substantial and nontransitory risk to
        consumer welfare; and
            (4) that in order to ensure that the actions of the Federal
        Communications Commission are consistent with the findings in
        subsection (a), and to effectuate the deregulatory policy
        declared in this subsection, the decisions of the Commission
        should be based on jurisprudential principles grounded in
        market-oriented competition analysis such as those commonly
        employed by the Federal Trade Commission and the Department of
        Justice in enforcing the Federal Trade Commission Act (15
        U.S.C. 41 et seq.) and the antitrust laws of the United States.

SEC. 4. PROHIBITION OF UNFAIR METHODS OF COMPETITION.

    (a) In General.--It shall be unlawful for any provider of
electronic communications service, including any State, or any general
purpose political subdivision of a State, to engage or participate, or
to attempt to engage or participate, in--
            (1) unfair methods of competition in or affecting
        electronic communications networks and electronic
        communications services; or
            (2) unfair or deceptive practices in or affecting
        electronic communications networks and electronic
        communications services.
    (b) Rulemaking Authority.--
            (1) In general.--The Commission may, by rule, define with
        specificity, the acts or practices that shall constitute unfair
        methods of competition or unfair or deceptive acts or practices
        as described in subsection (a).
            (2) Content of rules.--Rules promulgated under paragraph
        (1) may include such requirements as the Commission determines
        necessary to prevent any methods, acts, or practices prohibited
        by this section.
            (3) Limitation.--
                    (A) In general.--Notwithstanding paragraph (1) and
                except as provided in subparagraph (B), the Commission
                shall have no authority to issue rules that declare
                unlawful an act or practice on the grounds that such
                act or practice is an unfair method of competition or
                unfair or deceptive act or practice.
                    (B) Exception.--The Commission may declare an act
                or practice unlawful if the Commission determines,
                based on a showing of clear and convincing evidence
                presented in a rulemaking proceeding, that--
                            (i) marketplace competition is not
                        sufficient to adequately protect consumer
                        welfare; and
                            (ii) such act or practice--
                                    (I) causes or is likely to cause
                                substantial injury to consumers; and
                                    (II) is not--
                                            (aa) avoidable by consumers
                                        themselves; and
                                            (bb) outweighed by
                                        countervailing benefits to
                                        consumers or to competition.
            (4) Sunset of rules.--Any rule promulgated under paragraph
        (1) shall terminate on the day that is 5 years after the date
        on which such rule became effective unless the Commission, in a
        proceeding in which the public is afforded notice and an
        opportunity to comment, makes an affirmative determination,
        based on a showing of clear and convincing evidence presented
        in such proceeding, that the rule continues to be necessary
        because marketplace competition is not sufficient to adequately
        protect consumers from substantial injury which is not--
                    (A) avoidable by consumers themselves; and
                    (B) outweighed by countervailing benefits to
                consumers or to competition.

SEC. 5. ACTIONS FOR COMPLAINTS.

    The Commission shall have authority--
            (1) to hear complaints from any party injured by a
        violation of the prohibitions established under section 4; and
            (2) to award damages to such injured party if the
        Commission determines that a violation of that section has
        occurred.

SEC. 6. TIME LIMITS ON COMMISSION ACTION.

    (a) 120-Day Limit for Applications With Supporting Testimony.--If
an application is filed with the Commission under this or any other
Act, and such application is accompanied by supporting testimony from
the applicant or a detailed summary of that testimony, together with
exhibits, if any, the Commission shall issue a decision on such
application not later than 120 days after the application is deemed
complete (as the Commission shall, by rule, determine).
    (b) 210-Day Limit for Applications Without Supporting Testimony.--
If an application is filed with the Commission under this or any other
Act, and such application is not accompanied by supporting testimony
and exhibits, the Commission shall issue a decision on such application
not later than 210 days after the application is deemed complete (as
the Commission shall, by rule, determine).
    (c) Waiver.--The time limits specified in subsections (a) and (b)--
            (1) may be waived by an applicant; and
            (2) if so waived, shall not be binding on the Commission.
    (d) Extension of Time.--The Commission, in particular cases, under
extraordinary conditions, and after notice and a hearing at which the
existence of such conditions are established, may extend the time
limits specified in subsections (a) and (b) for a period not to exceed
an additional 90 days.

SEC. 7. ADDITIONAL POWERS OF THE COMMISSION.

    The Commission shall have authority--
            (1) to research and investigate, from time to time, the
        organization, business, conduct, or practices of--
                    (A) any person or entity engaged in, or whose
                business affects, the operation of electronic
                communications networks; and
                    (B) any provider of electronic communications
                service;
            (2) to require any person or entity that owns or operates
        an electronic communications networks, or any class of such
        persons or entities, to file, in such form, in such manner, and
        at such time as the Commission may determine, reports or
        answers to specific questions regarding the organization,
        business, conduct, or practices of such person or entity, such
        reports or answers shall be in writing and made under penalty
        of perjury;
            (3) to make public, from time to time, in such form, and in
        such manner as the Commission determines--
                    (A) such portions of the information obtained under
                paragraph (1) as are in the public interest; and
                    (B) the reports and answers described under
                paragraph (2), except that the Commission--
                            (i) may not make public any trade secret or
                        any privileged or confidential commercial or
                        financial information obtained from such
                        reports or answers; and
                            (ii) may disclose such trade secrets or
                        information to officers and employees of an
                        appropriate Federal or State law enforcement
                        agency upon prior certification by an officer
                        of that Federal or State law enforcement agency
                        that such trade secrets or information shall--
                                    (I) be maintained in confidence;
                                and
                                    (II) be used only for official law
                                enforcement purposes; and
            (4) to make annual and special reports to Congress and to
        submit with such reports recommendations for additional
        legislation.

Output:
Freedom for Consumer Choice Act - States U.S. government policy with regard to: (1) the promotion of the widespread availability of communications services; (2) the promotion of the integrity of communications facilities through investment and innovation in advanced communications networks; and (3) the economic regulation of communications markets.

Makes it unlawful for providers of electronic communication services to engage or participate in: (1) unfair methods of competition in or affecting electronic communications networks and services; or (2) unfair or deceptive practices in or affecting such networks and services.

Authorizes the Federal Communications Commission (FCC), by rule, to define the acts or practices that shall constitute such unfair methods of competition or unfair or deceptive acts or practices.

Bars the FCC from having any authority to issue rules that declare unlawful an act or practice on the grounds that it is an unfair method of competition or unfair or deceptive act or practice, except that the FCC may declare an act or practice unlawful if: (1) marketplace competition is insufficient to adequately protect consumer welfare; and (2) such act or practice causes or is likely to cause substantial injury to consumers, is unavoidable by consumers themselves, and is outweighed by countervailing benefits to consumers or to competition.

Terminates any rule promulgated under this Act five years after its effective date unless the FCC makes an affirmative determination that such rule continues to be necessary.

Grants the FCC the authority to hear complaints from any party injured by a violation of the prohibitions under this Act and to award damages to such party if such a violation has occurred.

Sets forth specified additional authorities of the FCC.


Input:
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``Greater Research
Opportunities With Tax Help Act'' or ``GROWTH Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. PERMANENT EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

    (a) Simplified Credit for Qualified Research Expenses.--Subsection
(a) of section 41 is amended to read as follows:
    ``(a) General Rule.--For purposes of section 38, the research
credit determined under this section for the taxable year shall be an
amount equal to 20 percent of so much of the qualified research
expenses for the taxable year as exceeds 50 percent of the average
qualified research expenses for the 3 taxable years preceding the
taxable year for which the credit is being determined.''.
    (b) Special Rules and Termination of Base Amount Calculation.--
            (1) In general.--Subsection (c) of section 41 is amended to
        read as follows:
    ``(c) Special Rule in Case of No Qualified Research Expenses in Any
of 3 Preceding Taxable Years.--
            ``(1) Taxpayers to which subsection applies.--The credit
        under this section shall be determined under this subsection,
        and not under subsection (a), if, in any one of the 3 taxable
        years preceding the taxable year for which the credit is being
        determined, the taxpayer has no qualified research expenses.
            ``(2) Credit rate.--The credit determined under this
        subsection shall be equal to 10 percent of the qualified
        research expenses for the taxable year.''.
            (2) Consistent treatment of expenses.--Subsection (b) of
        section 41 is amended by adding at the end the following new
        paragraph:
            ``(5) Consistent treatment of expenses required.--
                    ``(A) In general.--Notwithstanding whether the
                period for filing a claim for credit or refund has
                expired for any taxable year in the 3-taxable-year
                period taken into account under subsection (a), the
                qualified research expenses taken into account for such
                year shall be determined on a basis consistent with the
                determination of qualified research expenses for the
                credit year.
                    ``(B) Prevention of distortions.--The Secretary may
                prescribe regulations to prevent distortions in
                calculating a taxpayer's qualified research expenses
                caused by a change in accounting methods used by such
                taxpayer between the credit year and a year in such 3-
                taxable-year period.''.
    (c) Inclusion of Qualified Research Expenses of an Acquired
Person.--
            (1) Partial inclusion of pre-acquisition qualified research
        expenses.--Subparagraph (A) of section 41(f)(3) is amended to
        read as follows:
                    ``(A) Acquisitions.--
                            ``(i) In general.--If a person acquires the
                        major portion of a trade or business of another
                        person (hereinafter in this paragraph referred
                        to as the `predecessor') or the major portion
                        of a separate unit of a trade or business of a
                        predecessor, then the amount of qualified
                        research expenses paid or incurred by the
                        acquiring person during the 3 taxable years
                        preceding the taxable year in which the credit
                        under this section is determined shall be
                        increased by--
                                    ``(I) for purposes of applying this
                                section for the taxable year in which
                                such acquisition is made, the amount
                                determined under clause (ii), and
                                    ``(II) for purposes of applying
                                this section for any taxable year after
                                the taxable year in which such
                                acquisition is made, so much of the
                                qualified research expenses paid or
                                incurred by the predecessor with
                                respect to the acquired trade or
                                business during the portion of the
                                measurement period that is part of the
                                3-taxable-year period preceding the
                                taxable year for which the credit is
                                determined as is attributable to the
                                portion of such trade or business or
                                separate unit acquired by such person.
                            ``(ii) Amount determined.--The amount
                        determined under this clause is the amount
                        equal to the product of--
                                    ``(I) so much of the qualified
                                research expenses paid or incurred by
                                the predecessor with respect to the
                                acquired trade or business during the 3
                                taxable years before the taxable year
                                in which the acquisition is made as is
                                attributable to the portion of such
                                trade or business or separate unit
                                acquired by the acquiring person, and
                                    ``(II) the number of months in the
                                period beginning on the date of the
                                acquisition and ending on the last day
                                of the taxable year in which the
                                acquisition is made,
                        divided by 12.
                            ``(iii) Special rules for coordinating
                        taxable years.--In the case of an acquiring
                        person and a predecessor whose taxable years do
                        not begin on the same date--
                                    ``(I) each reference to a taxable
                                year in clauses (i) and (ii) shall
                                refer to the appropriate taxable year
                                of the acquiring person,
                                    ``(II) the qualified research
                                expenses paid or incurred by the
                                predecessor during each taxable year of
                                the predecessor any portion of which is
                                part of the measurement period shall be
                                allocated equally among the months of
                                such taxable year, and
                                    ``(III) the amount of such
                                qualified research expenses taken into
                                account under clauses (i) and (ii) with
                                respect to a taxable year of the
                                acquiring person shall be equal to the
                                total of the expenses attributable
                                under subclause (II) to the months
                                occurring during such taxable year.
                            ``(iv) Measurement period.--For purposes of
                        this subparagraph, the term `measurement
                        period' means the taxable year of the acquiring
                        person in which the acquisition is made and the
                        3 taxable years of the acquiring person
                        preceding such taxable year.''.
            (2) Expenses of a disposing person.--Subparagraph (B) of
        section 41(f)(3) is amended to read as follows:
                    ``(B) Dispositions.--If a person disposes of the
                major portion of any trade or business or the major
                portion of a separate unit of a trade or business in a
                transaction to which subparagraph (A) applies, and the
                disposing person furnished to the acquiring person such
                information as is necessary for the application of
                subparagraph (A), then, for purposes of applying this
                section for any taxable year ending after such
                disposition, the amount of qualified research expenses
                paid or incurred by the disposing person during the 3
                taxable years preceding such taxable year shall be
                decreased by the amount of the increase determined
                under subparagraph (A) with respect to the acquiring
                person for such taxable year.''.
    (d) Aggregation of Expenditures.--Paragraph (1) of section 41(f) is
amended--
            (1) by striking ``shall be its proportionate shares of the
        qualified research expenses, basic research payments, and
        amounts paid or incurred to energy research consortiums, giving
        rise to the credit'' in subparagraph (A)(ii) and inserting
        ``shall be determined on a proportionate basis to its share of
        the aggregate qualified research expenses taken into account by
        such controlled group for purposes of this section'', and
            (2) by striking ``shall be its proportionate shares of the
        qualified research expenses, basic research payments, and
        amounts paid or incurred to energy research consortiums, giving
        rise to the credit'' in subparagraph (B)(ii) and inserting
        ``shall be determined on a proportionate basis to its share of
        the aggregate qualified research expenses taken into account by
        all such persons under common control for purposes of this
        section''.
    (e) Permanent Extension.--
            (1) Section 41 is amended by striking subsection (h).
            (2) Paragraph (1) of section 45C(b) is amended by striking
        subparagraph (D).
    (f) Conforming Amendments.--
            (1) Termination of basic research payment calculation.--
        Section 41 is amended--
                    (A) by striking subsection (e),
                    (B) by redesignating subsection (g) as subsection
                (e), and
                    (C) by relocating subsection (e), as so
                redesignated, immediately after subsection (d).
            (2) Special rules.--
                    (A) Paragraph (4) of section 41(f) is amended by
                striking ``and gross receipts''.
                    (B) Subsection (f) of section 41 is amended by
                striking paragraph (6).
            (3) Cross-references.--
                    (A) Paragraph (2) of section 45C(c) is amended by
                striking ``base period research expenses'' and
                inserting ``average qualified research expenses''.
                    (B) Subparagraph (A) of section 54(l)(3) is amended
                by striking ``section 41(g)'' and inserting ``section
                41(e)''.
                    (C) Clause (i) of section 170(e)(4)(B) is amended
                to read as follows:
                            ``(i) the contribution is to a qualified
                        organization,''.
                    (D) Paragraph (4) of section 170(e) is amended by
                adding at the end the following new subparagraph:
                    ``(E) Qualified organization.--For purposes of this
                paragraph, the term `qualified organization' means--
                            ``(i) any educational organization which--
                                    ``(I) is an institution of higher
                                education (within the meaning of
                                section 3304(f)), and
                                    ``(II) is described in subsection
                                (b)(1)(A)(ii), or
                            ``(ii) any organization not described in
                        clause (i) which--
                                    ``(I) is described in section
                                501(c)(3) and is exempt from tax under
                                section 501(a),
                                    ``(II) is organized and operated
                                primarily to conduct scientific
                                research, and
                                    ``(III) is not a private
                                foundation.''.
                    (E) Section 280C is amended--
                            (i) by striking ``or basic research
                        expenses (as defined in section 41(e)(2))'' in
                        subsection (c)(1),
                            (ii) by striking ``section 41(a)(1)'' in
                        subsection (c)(2)(A) and inserting ``section
                        41(a)'', and
                            (iii) by striking ``or basic research
                        expenses'' in subsection (c)(2)(B).
                    (F) Clause (i) of section 1400N(l)(7)(B) is amended
                by striking ``section 41(g)'' and inserting ``section
                41(e)''.
    (g) Technical Corrections.--Section 409 is amended--
            (1) by inserting ``, as in effect before the enactment of
        the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
        subsection (b)(1)(A),
            (2) by inserting ``, as in effect before the enactment of
        the Tax Reform Act of 1984'' after ``relating to the employee
        stock ownership credit'' in subsection (b)(4),
            (3) by inserting ``(as in effect before the enactment of
        the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
        subsection (i)(1)(A),
            (4) by inserting ``(as in effect before the enactment of
        the Tax Reform Act of 1984)'' after ``section 41(c)(1)(B)'' in
        subsection (m),
            (5) by inserting ``(as so in effect)'' after ``section
        48(n)(1)'' in subsection (m),
            (6) by inserting ``(as in effect before the enactment of
        the Tax Reform Act of 1984)'' after ``section 48(n)'' in
        subsection (q)(1), and
            (7) by inserting ``(as in effect before the enactment of
        the Tax Reform Act of 1984)'' after ``section 41'' in
        subsection (q)(3).
    (h) Effective Date.--
            (1) In general.--Except as provided in paragraphs (2) and
        (3), the amendments made by this section shall apply to taxable
        years beginning after December 31, 2011.
            (2) Permanent extension.--The amendments made by subsection
        (e) shall apply to amounts paid or incurred after December 31,
        2011.
            (3) Technical corrections.--The amendments made by
        subsection (g) shall take effect on the date of the enactment
        of this Act.

Output: Greater Research Opportunities with Tax Help Act or GROWTH Act - Amends the Internal Revenue Code to: (1) increase from 14% to 20% the rate of the tax credit for increasing research activities, (2) modify rules for calculating such credit, and (3) make such credit permanent.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Good Samaritan Health Professionals
Act of 2011''.

SEC. 2. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
              PROFESSIONALS.

    (a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by inserting after section 224 the
following:

``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
              PROFESSIONALS.

    ``(a) Limitation on Liability.--Except as provided in subsection
(b), a health care professional shall not be liable under Federal or
State law for any harm caused by an act or omission of the professional
if--
            ``(1) the professional is serving as a volunteer for
        purposes of responding to a disaster; and
            ``(2) the act or omission occurs--
                    ``(A) during the period of the disaster, as
                determined under the laws listed in subsection (e)(1);
                    ``(B) in the health care professional's capacity as
                such a volunteer; and
                    ``(C) in a good faith belief that the individual
                being treated is in need of health care services.
    ``(b) Exceptions.--Subsection (a) does not apply if--
            ``(1) the harm was caused by an act or omission
        constituting willful or criminal misconduct, gross negligence,
        reckless misconduct, or a conscious flagrant indifference to
        the rights or safety of the individual harmed by the health
        care professional; or
            ``(2) the health care professional rendered the health care
        services under the influence (as determined pursuant to
        applicable State law) of intoxicating alcohol or an
        intoxicating drug.
    ``(c) Standard of Proof.--In any civil action or proceeding against
a health care professional claiming that the limitation in subsection
(a) applies, the plaintiff shall have the burden of proving by clear
and convincing evidence the extent to which limitation does not apply.
    ``(d) Preemption.--
            ``(1) In general.--This section preempts the laws of a
        State or any political subdivision of a State to the extent
        that such laws are inconsistent with this section, unless such
        laws provide greater protection from liability.
            ``(2) Volunteer protection act.--Protections afforded by
        this section are in addition to those provided by the Volunteer
        Protection Act of 1997.
    ``(e) Definitions.--In this section:
            ``(1) The term `disaster' means--
                    ``(A) a national emergency declared by the
                President under the National Emergencies Act;
                    ``(B) an emergency or major disaster declared by
                the President under the Robert T. Stafford Disaster
                Relief and Emergency Assistance Act; or
                    ``(C) a public health emergency determined by the
                Secretary under section 319 of this Act.
            ``(2) The term `harm' includes physical, nonphysical,
        economic, and noneconomic losses.
            ``(3) The term `health care professional' means an
        individual who is licensed, certified, or authorized in one or
        more States to practice a health care profession.
            ``(4) The term `State' includes each of the several States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        Virgin Islands, Guam, American Samoa, the Northern Mariana
        Islands, and any other territory or possession of the United
        States.
            ``(5)(A) The term `volunteer' means a health care
        professional who, with respect to the health care services
        rendered, does not receive--
                            ``(i) compensation; or
                            ``(ii) any other thing of value in lieu of
                        compensation, in excess of $500 per year.
            ``(B) For purposes of subparagraph (A), the term
        `compensation'--
                    ``(i) includes payment under any insurance policy
                or health plan, or under any Federal or State health
                benefits program; and
                    ``(ii) excludes--
                            ``(I) reasonable reimbursement or allowance
                        for expenses actually incurred;
                            ``(II) receipt of paid leave; and
                            ``(III) receipt of items to be used
                        exclusively for rendering the health services
                        in the health care professional's capacity as a
                        volunteer described in subsection (a)(1).''.
    (b) Effective Date.--
            (1) In general.--This Act and the amendment made by
        subsection (a) shall take effect 90 days after the date of the
        enactment of this Act.
            (2) Application.--This Act applies to any claim for harm
        caused by an act or omission of a health care professional
        where the claim is filed on or after the effective date of this
        Act, but only if the harm that is the subject of the claim or
        the conduct that caused such harm occurred on or after such
        effective date.

Output:
Good Samaritan Health Professionals Act of 2011 - Amends the Public Health Service Act to provide that a health care professional shall not be liable under federal or state law for harm caused by any act or omission if: (1) the professional is serving as a volunteer for purposes of responding to a disaster; and (2) the act or omission occurs during the period of the disaster, in the professional's capacity as such a volunteer, and in a good faith belief that the individual being treated is in need of health care services.

Makes exceptions where: (1) the harm was caused by an act or omission constituting willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed; or (2) the professional rendered the health care services under the influence of intoxicating alcohol or an intoxicating drug.


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

    (a) Short Title.--This Act may be cited as the ``Grand River Bands
of Ottawa Indians of Michigan Referral Act''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                   TITLE I--REFERRAL TO THE SECRETARY

Sec. 101. Purpose.
Sec. 102. Report.
Sec. 103. Action by Congress.
                TITLE II--MEMBERSHIP; JURISDICTION; LAND

Sec. 201. Recognition.
Sec. 202. Membership.
Sec. 203. Federal services and benefits.
Sec. 204. Rights of the Tribe.
Sec. 205. Tribal funds.
Sec. 206. Jurisdiction of trust land.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Bands; tribe.--The terms ``Bands'' and ``Tribe'' mean
        the Grand River Bands of the Ottawa Indians of Michigan.
            (2) Date of recognition.--The term ``date of recognition''
        means the date on which recognition of the Tribe by the
        Secretary was published in the Federal Register under section
        201.
            (3) Indian tribe.--The term ``Indian tribe'' has the
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

                   TITLE I--REFERRAL TO THE SECRETARY

SEC. 101. PURPOSE.

    The purpose of this title is to obtain an expedited review of the
petition of the Bands in order to secure a timely and just
determination of whether the Bands are entitled to recognition as a
Federal Indian tribe under the rules that govern the recognition of a
new group as an Indian tribe.

SEC. 102. REPORT.

    (a) In General.--Not later than August 31, 2007, the Secretary
shall review the petition of the Bands and submit to Congress a report
describing the findings of the Secretary regarding whether--
            (1) the majority of members of the Bands are descendants
        of, and political successors to, signatories of--
                    (A) the treaty made and concluded at Chicago, in
                the State of Illinois, between Lewis Cass and Solomon
                Sibley, Commissioners of the United States, and the
                Ottawa, Chippewa, and Pottawatamie, Nations of Indians
                on August 29, 1821 (7 Stat. 218);
                    (B) the treaty made and concluded at the city of
                Washington in the District of Columbia, between Henry
                R. Schoolcraft, commissioner on the part of the United
                States, and the Ottawa and Chippewa nations of Indians,
                by their chiefs and delegates on March 28, 1836 (7
                Stat. 491); and
                    (C) the articles of agreement and convention made
                and concluded at the city of Detroit, in the State of
                Michigan, July 31, 1855, between George W. Manypenny
                and Henry C. Gilbert, commissioners on the part of the
                United States, and the Ottawa and Chippewa Indians of
                Michigan, parties to the treaty of March 28, 1836;
            (2) the history of the Bands parallels the history of
        Indian tribes the members of which are descendants of the
        signatories to the treaties described in subparagraphs (B) and
        (C) of paragraph (1), including--
                    (A) the Grand Traverse Band of Ottawa and Chippewa
                Indians;
                    (B) the Sault Ste. Marie Tribe of Chippewa Indians;
                    (C) the Bay Mills Band of Chippewa Indians;
                    (D) the Little Traverse Bay Band of Odawa Indians;
                and
                    (E) the Little River Band of Ottawa Indians;
            (3) the majority of members of the Bands continue to reside
        in the ancestral homeland of the Bands (which is now the
        Western lower quadrant of the State of Michigan), as recognized
        in the treaties described in paragraph (1);
            (4)(A) the Bands filed for reorganization of the tribal
        government of the Bands in 1935 under the Act of June 18, 1934
        (commonly referred to as the ``Indian Reorganization Act'') (25
        U.S.C. 461 et seq.);
            (B) the Commissioner of Indian Affairs attested to the
        continued social and political existence of the Bands and
        concluded that the Bands were eligible for reorganization; and
            (C) due to a lack of Federal appropriations to implement
        the provisions of the Indian Reorganization Act, the Bands were
        denied the opportunity to reorganize;
            (5)(A) the Bands continued political and social existence
        as a viable tribal government during the participation of the
        Bands in the Northern Michigan Ottawa Association in 1948,
        which subsequently pursued a successful land claim with the
        Indian Claims Commission; and
            (B) the Bands carried out tribal governmental functions
        through the Northern Michigan Ottawa Association while
        retaining control over local decisions;
            (6) the Federal Government, the government of the State of
        Michigan, and local governments have had continuous dealings
        with recognized political leaders of the Bands from 1836 to the
        present; and
            (7) the Bands were included in the Michigan Indian Land
        Claims Settlement Act (Public Law 105-143; 111 Stat. 2652) and
        was required to submit a fully documented petition not later
        than December 15, 2000, to qualify for land claim funds set
        aside for the Bands, which the Secretary segregated and holds
        in trust for the Bands pending recognition as the respective
        share of funds of the Bands under that Act.
    (b) Consultation.--In carrying out this section, the Secretary
shall consult with and request information from--
            (1) elected leaders of the Bands; and
            (2) anthropologists, ethno-historians, and genealogists
        associated with the Bands;
            (3) attorneys of the Bands; and
            (4) other experts, as the Secretary determines appropriate.
    (c) Conclusion.--
            (1) Positive report.--Not later than August 31, 2007, if
        the Secretary determines by a preponderance of the evidence
        that the Bands satisfy each condition of subsection (a), the
        Secretary shall submit to Congress a positive report indicating
        that determination.
            (2) Negative report.--Not later than August 31, 2007, if
        the Secretary determines by a preponderance of the evidence
        that the Bands fail to satisfy a condition of subsection (a),
        the Secretary shall submit to Congress a negative report
        indicating that determination.
    (d) Failure to Submit Report.--If the Secretary fails to submit to
Congress a report in accordance with subsection (c)--
            (1) not later than November 30, 2007, the Secretary shall
        recognize the Bands as an Indian tribe; and
            (2) title II shall apply to the Bands.

SEC. 103. ACTION BY CONGRESS.

    (a) Action by Deadline.--
            (1) In general.--If Congress acts on the report of the
        Secretary under section 102(c) by the date that is 60 days
        after the date of receipt of the report, the Secretary shall
        carry out the actions described in this subsection.
            (2) Positive report.--If the Secretary submitted a positive
        report under section 102(c)(1)--
                    (A) not later than November 30, 2007, the Secretary
                shall recognize the Bands as an Indian tribe; and
                    (B) title II shall apply to the Bands.
            (3) Negative report.--If the Secretary submitted a negative
        report under section 102(c)(2), the Secretary shall--
                    (A) return the petition of the Bands to the list
                maintained by the Office of Federal Acknowledgment; and
                    (B) grant the Bands any opportunity available to
                the Bands to prove the status of the Bands as an Indian
                tribe.
    (b) Failure to Act by Deadline.--
            (1) In general.--If Congress fails to act on the report of
        the Secretary under section 102(c) by the date that is 60 days
        after the date of receipt of the report, the Secretary shall
        carry out the actions described in this subsection.
            (2) Positive report.--If the Secretary submitted a positive
        report under section 102(c)(1)--
                    (A) not later than November 30, 2007, the Secretary
                shall recognize the Bands as an Indian tribe; and
                    (B) title II shall apply to the Bands.
            (3) Negative report.--If the Secretary submitted a negative
        report under section 102(c)(2), the Secretary shall--
                    (A) return the petition of the Bands to the list
                maintained by the Office of Federal Acknowledgment; and
                    (B) grant the Bands any opportunity available to
                the Bands to prove the status of the Bands as an Indian
                tribe.

                TITLE II--MEMBERSHIP; JURISDICTION; LAND

SEC. 201. RECOGNITION.

    Not later than November 30, 2007, if subsection (a)(2) or (b)(2) of
section 103 applies, the Secretary shall--
            (1) recognize the Tribe; and
            (2) publish notice of the recognition by the Secretary in
        the Federal Register.

SEC. 202. MEMBERSHIP.

    (a) List of Present Membership.--Not later than 120 days after the
date of recognition, the Tribe shall submit to the Secretary a list of
all individuals that were members of the Tribe on the date of
recognition.
    (b) List of Individuals Eligible for Membership.--
            (1) In general.--Not later than the date that is 18 months
        after the date of recognition, the Tribe shall submit to the
        Secretary a membership roll listing all individuals enrolled
        for membership in the Tribe.
            (2) Qualifications.--The qualifications for inclusion on
        the membership roll of the Tribe shall be determined by the
        Tribe, in consultation with the Secretary, based on the
        membership clause in the governing document of the Tribe.
            (3) Publication of notice.--On receiving the membership
        roll under paragraph (1), the Secretary shall publish notice of
        the membership roll in the Federal Register.
    (c) Maintenance of Rolls.--The Tribe shall ensure that the
membership roll of the Tribe is maintained.

SEC. 203. FEDERAL SERVICES AND BENEFITS.

    (a) In General.--Not later than October 31, 2007, the Tribe and
each member of the Tribe shall be eligible for all services and
benefits provided by the Federal Government to Indians because of their
status as Indians without regard to--
            (1) the existence of a reservation; or
            (2) the location of the residence of a member on or near an
        Indian reservation.
    (b) Jurisdiction.--
            (1) In general.--Subject to paragraph (2), for the purpose
        of delivering a Federal service to an enrolled member of the
        Tribe, the jurisdiction of the Tribe extends to--
                    (A) all land and water designated to the Ottawa in
                the treaties described in subparagraphs (A) and (B) of
                section 102(a)(1); and
                    (B) all land and water described in any other
                treaty that provides for a right of the Tribe.
            (2) Effect of federal law.--Notwithstanding paragraph (1),
        the jurisdiction of the Tribe shall be consistent with Federal
        law.

SEC. 204. RIGHTS OF THE TRIBE.

    (a) Abrogated and Diminished Rights.--Any right or privilege of the
Tribe or any member of the Tribe that was abrogated or diminished
before the date of recognition under section 201 is reaffirmed.
    (b) Existing Rights of Tribe.--
            (1) In general.--This Act does not diminish any right or
        privilege of the Tribe or any member of the Tribe that existed
        prior to the date of recognition.
            (2) Legal and equitable claims.--Except as otherwise
        provided in this Act, nothing in this Act alters or affects any
        legal or equitable claim of the Tribe to enforce any right or
        privilege reserved by or granted to the Tribe that was
        wrongfully denied to or taken from the Tribe prior to the date
        of recognition.
    (c) Future Applications.--This Act does not address the merits of,
or affect the right of the Tribe to submit, any future application
regarding--
            (1) placing land into trust; or
            (2) gaming (as defined in section 4 of the Indian Gaming
        Regulatory Act (25 U.S.C. 2703)).

SEC. 205. TRIBAL FUNDS.

    Notwithstanding section 110 of the Michigan Indian Land Claims
Settlement Act (111 Stat. 2663), effective beginning on the date of
enactment of this Act, any funds set aside by the Secretary for use by
the Tribe shall be made available to the Tribe.

SEC. 206. JURISDICTION OF TRUST LAND.

    (a) In General.--The Tribe shall have jurisdiction over all land
taken into trust by the Secretary for the benefit of the Tribe, to the
maximum extent allowed by law.
    (b) Service Area.--The Tribe shall have jurisdiction over all
members of the Tribe that reside in the service area of the Tribe in
matters pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C.
1901 et seq.), as if the members resided on a reservation (as defined
in that Act).

Output: Grand River Bands of Ottawa Indians of Michigan Referral Act - Provides for an expedited review of the petition of the Grand River Bands of the Ottawa Indians of Michigan for recognition as a federal Indian tribe.