Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Communities Act of 2017''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Land use and public facility planning at both the State
        and local levels have not had adequate financial resources to
        fully incorporate the threats posed both by natural and human-
        caused disasters, including acts of terrorism. Too frequently
        this has resulted in costly disaster relief programs and
        piecemeal, ad hoc security responses, such as unattractive
        physical barriers that disrupt and adversely impact the
        physical, social, economic, and civic lives in United States
        communities.
            (2) Although land use planning is rightfully within the
        jurisdiction of State and local governments, encouraging
        community safety by incorporating disaster mitigation and
        emergency preparedness into comprehensive land use planning and
        urban development should be supported by the Federal Government
        and State governments.
            (3) Disaster response and relief efforts impose significant
        costs to United States taxpayers. Federal expenditure is
        heavily weighted to post-disaster recovery, rather than
        mitigation. Planning should be undertaken to prevent property
        damage and human casualties, proactively incorporating
        mitigation strategies and methods from the professional fields
        of urban, community, and regional planning (including
        transportation and land use), architecture, landscape
        architecture, and urban design.
            (4) Disaster planning has traditionally been biased toward
        facilitating efficient responses and recovery, potentially to
        the detriment of other planning goals. Comprehensive planning
        can incorporate a range of effective practices for reducing
        risks posed by natural disasters and terrorist acts. The
        Federal Government and States should provide a supportive
        climate and statutory context for comprehensive planning.
            (5) Many States have land use statutes that do not
        currently support comprehensive planning for safe communities,
        and many States are undertaking efforts to update and reform
        statutes to better enable planning efforts that incorporate
        long-term hazard mitigation and emergency preparedness.
            (6) Efforts to coordinate State and regional investments,
        including at-risk public infrastructure, with local plans
        require additional State level planning.
            (7) Comprehensive urban planning takes into account the
        relationship between land use, transportation systems, water
        and wastewater facilities, open space, and other critical
        infrastructure in promoting safe and economically viable
        communities.
            (8) Local governments should integrate safety
        considerations into comprehensive planning efforts.
            (9) Safe housing is an essential component of safe
        community development, and comprehensive planning should
        incorporate modern, scientific planning techniques to ensure
        that a broad range of safe housing options are available to all
        members of the Nation's communities.
            (10) Prevailing land use patterns often place people,
        structures, and environmental systems at great risk. Poorly
        regulated rural communities and small towns located on the
        metropolitan fringe often face significant growth pressures,
        resulting in haphazard development patterns that do not
        incorporate regional impacts on critical disaster-reduction
        systems, such as open space and wetlands.
            (11) The Federal Government and State governments should
        support the efforts of Tribal governments and Native Hawaiian
        organizations to implement land use planning and community
        development to improve the safety of housing and socioeconomic
        conditions for Indian Tribes and Native Hawaiians.

SEC. 3. SAFE COMMUNITIES PLANNING GRANTS.

    (a) Grant Program Authorized.--The Secretary of Homeland Security
shall establish a program to provide grants to States and local
governments for the purpose of assisting in--
            (1) the development or revision of land use planning
        statutes, and State or local comprehensive planning documents,
        in those States or local governments that either do not have
        land use planning statutes, or have inadequate or outmoded land
        use planning statutes and regulations, such that planning
        efforts have not adequately incorporated strategies to mitigate
        natural and human-caused hazards, including acts of terror, or
        otherwise hinder coordination of comprehensive planning and
        emergency preparedness efforts;
            (2) the creation or revision of State land use planning
        statutes and local comprehensive land use plans or plan
        elements in those States or local governments that have land
        use planning statutes that incorporate risk-reduction and
        natural and human-caused hazard mitigation; and
            (3) the development or revision of comprehensive land use
        plans or plan elements for multi-State regions.
    (b) Eligibility.--To be eligible to receive a grant under
subsection (a), a State or local planning director shall submit to the
Secretary an application, in such form as the Secretary may require,
that demonstrates to the Secretary that the basic goals of the State or
local government regarding land use planning legislation or regulation
are consistent with all of the following guidelines:
            (1) Citizen engagement.--Public notification, citizen
        representation, and stakeholder involvement in a consensus-
        based, multi-disciplinary planning process are required in
        developing, adopting, and updating land use plans.
            (2) Multi-jurisdictional cooperation.--In order to
        effectively assess the risks posed to communities by natural
        hazards and terrorist acts, planning legislation, comprehensive
        plans, and regulations are created based on multi-
        jurisdictional governmental cooperation.
            (3) Multi-agency coordination.--In order to effectively
        assess the risks posed to communities by natural hazards and
        terrorist acts, planning legislation, comprehensive plans, and
        regulations are created based on cooperation between Federal,
        State, and local government agencies.
            (4) Implementation elements.--Land use plans contain an
        implementation element that--
                    (A) includes a timetable for action and a
                definition of the respective roles and responsibilities
                of agencies, local governments, and citizens of the
                State;
                    (B) is consistent with State and local capital
                budget objectives; and
                    (C) provides the framework for decisions relating
                to the siting of future infrastructure development,
                including development of utilities and utility
                distribution systems.
            (5) Comprehensive planning.--There is comprehensive
        planning to encourage land use plans that incorporate risk
        assessment and mitigation into any of State or locally
        adopted--
                    (A) comprehensive plans;
                    (B) urban design guidelines;
                    (C) building codes; and
                    (D) transportation plans, addressing both facility
                investment and operations.
            (6) Updating.--The State or local government addresses how
        comprehensive plans, including land use plans, urban design
        guidelines, building codes and transportation plans, will be
        updated over time.
            (7) Standards.--Comprehensive plans reflect an approach
        that is consistent with established professional planning
        standards.
    (c) Use of Grant Funds.--Grant funds received by a State or local
government under subsection (a) shall be used for one or more of the
following purposes:
            (1) Developing a comprehensive land use plan and
        integrating natural hazard mitigation and security plan
        elements into locally adopted and statewide comprehensive
        plans.
            (2) Assessing, inventorying, or mapping critical public
        infrastructure for use in developing land use and community
        development policies.
            (3) Developing geographical information systems, including
        technology acquisition, data development, modernization,
        coordination, and technical assistance.
            (4) Acquiring and developing scenario planning, risk
        assessment, or vulnerability analysis technology.
            (5) Reviewing and updating building codes, zoning, land use
        regulations, and State-level enabling legislation.
            (6) Implementing CPTED (Crime Prevention Through
        Environmental Design) initiatives.
            (7) Assessing risk and vulnerability, particularly related
        to land use.
            (8) Incorporating mitigation and security elements in
        transportation plans, facilities, and operations.
            (9) Incorporating regional security plans with regional
        transportation or land use plans.
            (10) Encouraging interagency cooperation, particularly
        between first-responders and State and local planning agencies.
            (11) Identifying natural hazard areas and integrating them
        into updates of comprehensive plans, land use regulations,
        zoning, and building codes.
    (d) Amount of Grant.--The amount of a grant under subsection (a)
shall not exceed $1,125,000.
    (e) Cost-Sharing.--
            (1) In general.--Except as provided in paragraph (2), the
        Federal share of a project funded with a grant under subsection
        (a) shall not exceed 90 percent.
            (2) Increased federal share.--The Secretary may increase
        the Federal share in the case of a grant to a Tribal government
        or Native Hawaiian organization if the Secretary finds that the
        Tribal government or Native Hawaiian organization does not have
        sufficient funds to contribute to the project.
    (f) Coordination.--The Secretary shall encourage Federal land
management agencies to coordinate land use planning for Federal land
with the State or local planning director responsible for the drafting
and updating of State guide plans or guidance documents regulating land
use and infrastructure development on a statewide basis.
    (g) Audits.--
            (1) In general.--The Inspector General of the Department of
        Homeland Security shall conduct an audit of a portion of the
        grants provided under this section to ensure that all funds
        provided under the grants are used for the purposes specified
        in this section.
            (2) Use of audit results.--The results of audits conducted
        under paragraph (1) and any recommendations made in connection
        with the audits shall be taken into consideration in awarding
        any future grant under this section to a State.
    (h) Definitions.--In this section, the following definitions apply:
            (1) Land use planning legislation.--The term ``land use
        planning legislation'' means a statute, regulation, Executive
        order, or other action taken by a State or local government to
        guide, regulate, and assist in the planning, regulation, and
        management of land, natural resources, development practices,
        and other activities related to the pattern and scope of future
        land use.
            (2) Comprehensive plan.--The term ``comprehensive plan''
        means a binding or non-binding planning document adopted for
        the purpose of regulation and management of land, natural
        resources, development practices, infrastructure investments,
        and other activities related to the pattern and scope of future
        land use and urban development.
            (3) State.--The term ``State'' means any of the following:
                    (A) One of the 50 States, the District of Columbia,
                the Commonwealth of Puerto Rico, the Virgin Islands,
                Guam, American Samoa, or the Commonwealth of the
                Northern Mariana Islands.
                    (B) A Tribal government.
                    (C) A Native Hawaiian organization, as defined in
                section 8(a)(15) of the Small Business Act (15 U.S.C.
                637(a)(15)).
            (4) State planning director.--The term ``State planning
        director'' means a State official designated by statute or by
        the chief executive officer of the State whose principal
        responsibility is the drafting and updating of State guide
        plans or guidance documents that regulate land use and
        development on a statewide basis.
            (5) Local planning director.--The term ``local planning
        director'' means a local official designated by statute, by the
        mayor, or by the city council whose principal responsibility is
        the drafting and updating of local comprehensive plans or
        guidance documents that regulate land use and development
        within the local government's jurisdiction.
            (6) Tribal government.--The term ``Tribal government''
        means the Tribal government of an Indian Tribe, as defined in
        section 4 of the Indian Self-Determination and Education
        Assistance Act (25 U.S.C. 5304).

SEC. 4. SAFE COMMUNITIES PLANNING RESEARCH.

    (a) Research Program Authorized.--The Secretary of Homeland
Security, in coordination with governmental, nongovernmental,
university, and commercial partners, shall conduct research and
analysis of the best practices in comprehensive land use and community
planning that aims to reduce threats posed by natural hazards and acts
of terrorism, focusing on--
            (1) the integration of Federal facility security with local
        and regional plans, codes, and regulations;
            (2) examination of the impacts of security strategies,
        facilities, and design on the overall physical and social
        environment of a community, including the functionality and
        accessibility of its streets, neighborhoods, civic and
        commercial building, and public spaces; and
            (3) integration of comprehensive mapping and risk-
        assessment tools and strategies.
    (b) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall report to Congress on best
practices in community security and safety planning, including--
            (1) an evaluation of land use and development codes and
        ordinances that aim to reduce the risks posed by natural
        hazards and acts of terrorism;
            (2) an evaluation of software and other tools that have
        been developed to aide communities in planning for safe
        development;
            (3) an evaluation of codes, ordinances, security design
        standards, and design tools that aim to encourage safe planning
        in the siting and design of residential development; and
            (4) an evaluation of best practices in incorporating safety
        and security into infrastructure planning, including water,
        wastewater, and storm water facilities, transportation systems,
        and electricity generation and distribution facilities.
In determining best practices, the Secretary shall take into
consideration regional, State, and local differences, and shall
evaluate practices in terms of risk-reduction and cost.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this section
$57,250,000 for each of the fiscal years 2019 through 2023, of which--
            (1) $56,250,000 shall be used for making grants under
        section 3; and
            (2) $300,000 shall be used to carry out section 4.

Output: Safe Communities Act of 2017 This bill directs the Department of Homeland Security (DHS) to provide grants to assist states and local governments in: (1) the development or revision of land use planning statutes and state or local comprehensive planning documents, (2) the creation or revision of state land use planning statutes and local comprehensive land use plans that incorporate risk reduction and hazard mitigation, and (3) the development or revision of comprehensive land use plans or plan elements for multi-state regions. The bill sets forth eligibility criteria for grant recipients and allowable uses of grant funds. DHS shall conduct research and analysis of best practices in comprehensive land use and community planning that aims to reduce threats posed by natural hazards and acts of terrorism.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marine Mammal Rescue Assistance
Amendments of 2009''.

SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE.

    (a) Collection and Updating of Information.--Section 402(b)(1)(A)
of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A))
is amended by inserting ``or entangled'' after ``stranded''.
    (b) Entanglement Response Agreements.--
            (1) In general.--Section 403 of that Act (16 U.S.C. 1421b)
        is amended--
                    (A) by striking the section heading and inserting
                the following:

``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'' ;
                and
                    (B) by striking ``stranding.'' in subsection (a)
                and inserting ``stranding or entanglement.''.
            (2) Clerical amendment.--The table of contents for title IV
        of that Act is amended by striking the item relating to section
        403 and inserting the following:

``Sec. 403. Stranding or entanglement response agreements.''.
    (c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is
amended by inserting ``or entanglement'' after ``stranding''.
    (d) Entanglement Defined.--
            (1) In general.--Section 410 of such Act (16 U.S.C. 1421h)
        is amended--
                    (A) by redesignating paragraphs (1) through (6) as
                paragraphs (2) through (7), respectively; and
                    (B) by inserting before paragraph (2) (as so
                redesignated) the following:
            ``(1) The term `entanglement' means an event in the wild in
        which a living or dead marine mammal has gear, rope, line, net,
        or other material wrapped around or attached to it and is--
                    ``(A) on a beach or shore of the United States; or
                    ``(B) in waters under the jurisdiction of the
                United States.''.
            (2) Conforming amendment.--Section 408(a)(2)(B)(i) of such
        Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking
        ``section 410(6)'' and inserting ``section 410(7)''.
    (e) Unusual Mortality Event Funding.--Section 405 of such Act (16
U.S.C. 1421d) is amended--
            (1) by striking ``to compensate persons for special costs''
        in subsection (b)(1)(A)(i) and inserting ``to make advance,
        partial, or progress payments under contracts or other funding
        mechanisms for property, supplies, salaries, services, and
        travel costs'';
            (2) by striking ``preparing and transporting'' in
        subsection (b)(1)(A)(ii) and inserting ``the preparation,
        analysis, and transportation of'';
            (3) by striking ``event for'' in subsection (b)(1)(A)(ii)
        and inserting ``event, including such transportation for'';
            (4) by striking ``and'' after the semicolon in subsection
        (c)(2);
            (5) by striking ``subsection (d).'' in subsection (c)(3)
        and inserting ``subsection (d); and''; and
            (6) by adding at the end of subsection (c) the following:
            ``(4) up to $500,000 per fiscal year (as determined by the
        Secretary) from amounts appropriated to the Secretary for
        carrying out this title and the other titles of this Act.''.
    (f) John H. Prescott Marine Mammal Rescue and Response Funding
Program.--
            (1) Authorization of appropriations.--Section 408(h) of
        such Act (16 U.S.C. 1421f-1(h)) is amended to read as follows:
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        to carry out this section, other than subsection (a)(3),
        $7,000,000 for each of fiscal years 2010 through 2014, to
        remain available until expended, of which--
                    ``(A) $6,000,000 may be available to the Secretary
                of Commerce; and
                    ``(B) $1,000,000 may be available to the Secretary
                of the Interior.
            ``(2) Rapid response fund.--There are authorized to be
        appropriated to the John H. Prescott Marine Mammal Rescue and
        Rapid Response Fund established by subsection (a)(3), $500,000
        for each of fiscal years 2010 through 2014.
            ``(3) Additional rapid response funds.--There shall be
        deposited into the Fund established by subsection (a)(3) up to
        $500,000 per fiscal year (as determined by the Secretary) from
        amounts appropriated to the Secretary for carrying out this
        title and the other titles of this Act.''.
            (2) Administrative costs and expenses.--Section 408(f) of
        such Act (16 U.S.C. 1421f-1(f)) is amended to read as follows:
    ``(f) Administrative Costs and Expenses.--Of the amounts available
each fiscal year to carry out this section, the Secretary may expend
not more than 6 percent or $80,000, whichever is greater, to pay the
administrative costs and administrative expenses to implement the
program under subsection (a). Any such funds retained by the Secretary
for a fiscal year for such costs and expenses that are not used for
such costs and expenses before the end of the fiscal year shall be
provided under subsection (a).''.
            (3) Emergency assistance.--Section 408 of such Act (16
        U.S.C. 1421f-1) is amended--
                    (A) by striking so much of subsection (a) as
                precedes paragraph (2) and inserting the following:
    ``(a) In General.--(1) Subject to the availability of
appropriations, the Secretary shall conduct a program to be known as
the John H. Prescott Marine Mammal Rescue and Response Funding Program,
to provide for the recovery or treatment of marine mammals, the
collection of data from living or dead stranded or entangled marine
mammals for scientific research regarding marine mammal health,
facility operation costs that are directly related to those purposes,
and stranding or entangling events requiring emergency assistance. All
funds available to implement this section shall be distributed to
eligible stranding network participants for the purposes set forth in
this paragraph and paragraph (2), except as provided in subsection
(f).'';
                    (B) by redesignating paragraph (2) as paragraph (4)
                and inserting after paragraph (1) the following:
    ``(2) Contract authority.--To carry out the activities set out in
paragraph (1), the Secretary may enter into grants, cooperative
agreements, contracts, or such other agreements or arrangements as the
Secretary deems appropriate.
    ``(3) Prescott rapid response fund.--There is established in the
Treasury an interest bearing fund to be known as the `John H. Prescott
Marine Mammal Rescue and Rapid Response Fund', which shall consist of a
portion of amounts deposited into the Fund under subsection (h) or
received as contributions under subsection (i), and which shall remain
available until expended without regard to any statutory or regulatory
provision related to the negotiation, award, or administration of any
grants, cooperative agreements, and contracts.'';
                    (C) by striking ``designated as of the date of the
                enactment of the Marine Mammal Rescue Assistance Act of
                2000, and in making such grants'' in paragraph (4), as
                redesignated, and inserting ``as defined in subsection
                (g)(3). The Secretary''; and
                    (D) by striking ``subregions.'' in paragraph (4),
                as redesignated, and inserting ``subregions where such
                facilities exist.'';
                    (E) by striking subsections (d) and (e) and
                inserting the following:
    ``(d) Limitation.--
            ``(1) In general.--Support for an individual project under
        this section may not exceed $200,000 for any 12-month period.
            ``(2) Unexpended funds.--Amounts provided as support for an
        individual project under this section that are unexpended or
        unobligated at the end of such period--
                    ``(A) shall remain available until expended; and
                    ``(B) shall not be taken into account in any other
                12-month period for purposes of paragraph (1).
    ``(e) Matching Requirement.--
            ``(1) In general.--Except as provided in paragraph (2), the
        non-Federal share of the costs of an activity conducted with
        funds under this section shall be 25 percent of such Federal
        costs.
            ``(2) Waiver.--The Secretary shall waive the requirements
        of paragraph (1) with respect to an activity conducted with
        emergency funds disbursed from the Fund established by
        subsection (a)(3).
            ``(3) In-kind contributions.--The Secretary may apply to
        the non-Federal share of an activity conducted with a grant
        under this section the amount of funds, and the fair market
        value of property and services, provided by non-Federal sources
        and used for the activity.''; and
                    (F) by redesignating paragraph (2) of subsection
                (g) as paragraph (3) and inserting after paragraph (1)
                the following:
            ``(2) Emergency assistance.--The term `emergency
        assistance' means assistance provided for a stranding or
        entangling event--
                    ``(A) that--
                            ``(i) is not an unusual mortality event as
                        defined in section 409(7);
                            ``(ii) leads to an immediate increase in
                        required costs for stranding or entangling
                        response, recovery, or rehabilitation in excess
                        of regularly scheduled costs;
                            ``(iii) may be cyclical or endemic; and
                            ``(iv) may involve out-of-habitat animals;
                        or
                    ``(B) is found by the Secretary to qualify for
                emergency assistance.''.
            (4) Contributions.--Section 408 of such Act (16 U.S.C.
        1421f-1) is amended by adding at the end the following:
    ``(i) Contributions.--For purposes of carrying out this section,
the Secretary may solicit, accept, receive, hold, administer, and use
gifts, devises, and bequests without any further approval or
administrative action.''.
            (5) Conforming amendment.--The section heading for section
        408 is amended to read as follows:

``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING
              PROGRAM.''.

    (g) Authorization of Appropriations for Marine Mammal Unusual
Mortality Event Fund.--Section 409 of such Act (16 U.S.C. 1421g) is
amended--
            (1) by striking ``1993 and 1994;'' in paragraph (1) and
        inserting ``2010 through 2014;'';
            (2) by striking ``1993 and 1994;'' in paragraph (2) and
        inserting ``2010 through 2014;''; and
            (3) by striking ``fiscal year 1993.'' in paragraph (3) and
        inserting ``each of fiscal years 2010 through 2014.''.

Output:
Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements. Broadens the sources and allowed uses of amounts in the Marine Mammal Unusual Mortality Event Fund.

Renames the John H. Prescott Marine Mammal Rescue Assistance Grant Program as the John H. Prescott Marine Mammal Rescue and Response Funding Program and authorizes appropriations to it for FY2010-FY2014. Adds providing for stranding or entangling events requiring emergency assistance to the program's duties. Authorizes carrying out the program through grants, cooperative agreements, contracts, or other arrangements.

Establishes in the Treasury the John H. Prescott Marine Mammal Rescue and Rapid Response Fund.

Limits support for an individual project under the program to $200,000 for any 12-month period. (Current law limits support to $100,000 and makes no reference to a time period.)

Defines the term "emergency assistance" as assistance for a stranding or entangling event that: (1) is not an unusual mortality event, leads to an immediate increase in required costs in excess of regularly scheduled costs, may be cyclical or endemic, and may involve out-of-habitat animals; or (2) is found to qualify for such assistance.

Authorizes appropriations for FY2010-FY2014 for provisions of the Marine Mammal Protection Act of 1972 to protect and rescue stranded and entangled marine mammals, including the Marine Mammal Unusual Mortality Event Fund and the National Marine Mammal Tissue Bank.


Input:
SECTION 1. COMMUNITY INFORMATION STATEMENT.

    (a) Amendment of Subtitle D.--Subtitle C of the Solid Waste
Disposal Act is amended by adding the following new section at the end
thereof:

``SEC. 3024. COMMUNITY INFORMATION STATEMENT.

    ``(a) Regulations.--Not later than one year after the enactment of
this section, the Administrator shall promulgate regulations to require
the preparation of a community information statement as part of the
permitting processes under this subtitle for any new off-site hazardous
waste treatment or disposal facility. Each such statement shall be made
available for public review. The final statement for any facility shall
be available for public review before the earlier of (1) 60 days before
a public hearing is conducted by the permitting authority regarding the
proposed issuance of such permit or (2) the date one year after the
date on which an independent contractor is selected under subsection
(b). The permitting authority shall take the community information
statement into account in making any final decision regarding the
issuance of such permit and in establishing any conditions to be
imposed in such permit. Such statement shall be a part of the record on
which the permitting decision is based.
    ``(b) Selection of Independent Contractor to Prepare Statement.--
The community information statement required under this section shall
be prepared by an independent contractor selected jointly, after
consultation with concerned citizens, by the applicant for the permit
and the chief elected official of the affected host community. If the
applicant and chief elected official do not agree on the selection of
any independent contractor within 30 days after the date on which the
application for a permit under this section is filed, the permitting
authority shall select the independent contractor to prepare the
statement required under this section.
    ``(c) Costs.--The permitting authority shall impose and collect a
fee on the submission of each application for a permit for which a
statement under this section is required. The fee shall cover the
reasonable costs of preparing the community information statement.
    ``(d) Requirements.--A community information statement meets the
requirements of this section if such statement identifies and describes
each of the following:
            ``(1) The effects of such facility on the host community,
        including the effects on the local economy and employment,
        housing, public safety and emergency preparedness,
        transportation systems, and recreational amenities and tourism
        in the area.
            ``(2) The types of wastes expected to enter the facility
        and the types of releases expected from the facility and any
        human health impacts associated with such wastes and with such
        releases.
            ``(3) The options or alternatives for mitigating any such
        impacts on the affected community.
            ``(4) The demographic characteristics of the affected host
        community according to race, ethnic background, and income.
            ``(5) The presence in the affected host community of any--
                    ``(A) existing solid waste treatment, storage, or
                disposal facility, or
                    ``(B) site in which a release of hazardous
                substances (within the meaning of the Comprehensive
                Environmental Response, Compensation, and Liability Act
                of 1980) has occurred and the extent to which such site
                has been remediated.
            ``(6) Permit applicant's record of compliance with State
        and Federal environmental regulations and laws, and the record
        of such compliance by any firm engaged to operate the facility
        or any firm which controls or is affiliated with the applicant,
        including any serious violations thereof.
The community information statement prepared in connection with any
facility shall not be subject to judicial review in any proceeding
other than a proceeding brought to challenge the issuance of a permit
for such facility. In any permitting proceeding respecting such
facility the permitting authority shall take the statement into
account, and in any such proceeding the statement shall be treated as
satisfying the requirements of this section unless the statement
contained material misstatements or omissions which affected the
permitting authority's decision.
    ``(e) Definitions.--As used in this section--
            ``(1) The term `new off site hazardous waste treatment or
        disposal facility' means a hazardous waste treatment or
        disposal facility which--
                    ``(A) accepts for treatment or disposal hazardous
                waste that is not generated at the site of such
                treatment or disposal, and
                    ``(B) for which a permit is issued by a State
                agency under this subtitle after the date of
                promulgation of regulations under this section.
        Such term shall not include any facility existing on such date
        but shall include an expansion of such an existing facility if
        a new permit is required after such date for such expansion and
        if such expansion, together with all other expansions
        constructed after such date (or after the preparation of the
        last statement under this section with respect to such
        facility, whichever is later) increases the capacity of the
        facility by more than 50 percent.
            ``(2) The term `affected host community' means the county,
        municipality, town, or township or other general purpose unit
        of local government which has primary jurisdiction over the use
        of the land on which a facility is located or proposed to be
        located.
            ``(3) The term `independent contractor' means a person who
        has no financial or other potential conflict of interest in the
        outcome of a proceeding to determine whether or not a permit
        should be issued for a new off site facility for the treatment,
        storage, or disposal of hazardous waste.''.
    (b) Table of Contents.--The table of contents for subtitle C of
such Act is amended by adding the following new item after the item
relating to section 3023:

``Sec. 3024. Community information statement.''.

Output: Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to require the preparation of a community information statement as part of the permitting process applicable to any new off-site hazardous waste treatment or disposal facility.  Requires such statement to describe:  (1) the effects of the proposed facility on the host community; (2) the types of waste expected to enter the facility, the types of releases expected from the facility, and the human health impacts associated with such wastes and releases; (3) the alternatives for mitigating impacts on the community; (4) the demographic characteristics of the community; (5) the presence in the community of an existing solid waste treatment, storage, or disposal facility or site in which a hazardous substance release has occurred, and the extent to which the site has been remediated; and (6) the permit applicant's compliance with State and Federal environmental regulations and laws.


Input:
SECTION 1. OVERSIGHT OF BROKERS AND DEALERS.

    (a) Definitions.--Title I of the Sarbanes-Oxley Act of 2002 is
amended by adding at the end the following new section:

``SEC. 110. DEFINITIONS.

    ``For the purposes of this title, and notwithstanding section 2:
            ``(1) Audit.--The term `audit' means an examination of the
        financial statements of any issuer, broker, or dealer by an
        independent public accounting firm in accordance with the rules
        of the Board or the Commission (or, for the period preceding
        the adoption of applicable rules of the Board under section
        103, in accordance with then-applicable generally accepted
        auditing and related standards for such purposes), for the
        purpose of expressing an opinion on such statements.
            ``(2) Audit report.--The term `audit report' means a
        document or other record--
                    ``(A) prepared following an audit performed for
                purposes of compliance by an issuer, broker, or dealer
                with the requirements of the securities laws; and
                    ``(B) in which a public accounting firm either--
                            ``(i) sets forth the opinion of that firm
                        regarding a financial statement, report, or
                        other document; or
                            ``(ii) asserts that no such opinion can be
                        expressed.
            ``(3) Professional standards.--The term `professional
        standards' means--
                    ``(A) accounting principles that are--
                            ``(i) established by the standard setting
                        body described in section 19(b) of the
                        Securities Act of 1933, as amended by this Act,
                        or prescribed by the Commission under section
                        19(a) of that Act (15 U.S.C. 17a(s)) or section
                        13(b) of the Securities Exchange Act of 1934
                        (15 U.S.C. 78a(m)); and
                            ``(ii) relevant to audit reports for
                        particular issuers, brokers, or dealers, or
                        dealt with in the quality control system of a
                        particular registered public accounting firm;
                        and
                    ``(B) auditing standards, standards for attestation
                engagements, quality control policies and procedures,
                ethical and competency standards, and independence
                standards (including rules implementing title II) that
                the Board or the Commission determines--
                            ``(i) relate to the preparation or issuance
                        of audit reports for issuers, brokers, or
                        dealers; and
                            ``(ii) are established or adopted by the
                        Board under section 103(a), or are promulgated
                        as rules of the Commission.
            ``(4) Broker.--The term `broker' means a broker (as such
        term is defined in section 3(a)(4) of the Securities Exchange
        Act of 1934 (15 U.S.C. 78c(a)(4))) that is required to file a
        balance sheet, income statement, or other financial statement
        under section 17(e)(1)(A) of such Act (15 U.S.C. 78q(e)(1)(A)),
        where such balance sheet, income statement, or financial
        statement is required to be certified by a registered public
        accounting firm.
            ``(5) Dealer.--The term `dealer' means a dealer (as such
        term is defined in section 3(a)(5) of the Securities Exchange
        Act of 1934 (15 U.S.C. 78c(a)(5))) that is required to file a
        balance sheet, income statement, or other financial statement
        under section 17(e)(1)(A) of such Act (15 U.S.C. 78q(e)(1)(A)),
        where such balance sheet, income statement, or financial
        statement is required to be certified by a registered public
        accounting firm.
            ``(6) Self-regulatory organization.--The term `self-
        regulatory organization' has the same meaning as in section
        3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C.
        78c(a)(26)).''.
    (b) Establishment and Administration of the Public Company
Accounting Oversight Board.--Section 101 of such Act is amended--
            (1) by striking ``issuers'' each place it appears and
        inserting ``issuers, brokers, and dealers'';
            (2) in subsection (a), by striking ``public companies'' and
        inserting ``companies''; and
            (3) in subsection (a), by striking ``for companies the
        securities of which are sold to, and held by and for, public
        investors''.
    (c) Registration With the Board.--Section 102 of such Act is
amended--
            (1) by striking ``Beginning 180 days after the date of the
        determination of the Commission under section 101(d), it'' and
        inserting ``It'';
            (2) in subsections (a) and (b)(2)(G), by striking
        ``issuer'' each place it appears and inserting ``issuer,
        broker, or dealer''; and
            (3) by striking ``issuers'' and inserting ``issuers,
        brokers, and dealers''.
    (d) Auditing and Independence.--Section 103(a) of such Act is
amended--
            (1) in paragraph (1), by striking ``and such ethics
        standards'' and inserting ``such ethics standards, and such
        independence standards'';
            (2) in paragraph (2)(A)(iii), by striking ``describe in
        each audit report'' and inserting ``in each audit report for an
        issuer, describe''; and
            (3) in paragraph (2)(B)(i), by striking ``issuers'' and
        inserting ``issuers, brokers, and dealers''.
    (e) Inspections of Registered Public Accounting Firms.--Section 104
of such Act is amended--
            (1) in subsection (a), by striking ``issuers'' and
        inserting ``issuers, brokers, and dealers'';
            (2) in subsection (b)(1)(A), by inserting before the
        semicolon the following ``or more than 100 brokers and
        dealers''; and
            (3) in subsection (b)(1)(B), by striking ``100 or fewer
        issuers'' and inserting ``issuers, brokers, or dealers, but is
        not described in subparagraph (A)''.
    (f) Investigations and Disciplinary Proceedings.--Section
105(c)(7)(B) of such Act is amended--
            (1) by striking ``any issuer'' each place it appears and
        inserting ``any issuer, broker, or dealer''; and
            (2) by striking ``an issuer under this subsection'' and
        inserting ``a registered public accounting firm under this
        subsection''.
    (g) Foreign Public Accounting Firms.--Section 106 of such Act is
amended--
            (1) by striking ``issuer'' and inserting ``issuer, broker,
        or dealer''; and
            (2) by striking ``issuers'' and inserting ``issuers,
        brokers, or dealers''.
    (h) Funding.--Section 109 of such Act is amended--
            (1) in subsection (c)(2), by striking ``subsection (i)''
        and inserting ``subsection (j)'';
            (2) in subsection (d)(2), by striking ``allowing for
        differentiation among classes of issuers, as appropriate'' and
        inserting ``and among brokers and dealers that are not issuers,
        in accordance with subsection (h), and allowing for
        differentiation among classes of issuers and brokers and
        dealers, as appropriate'';
            (3) by redesignating subsections (h), (i), and (j) as
        subsections (i), (j), and (k), respectively; and
            (4) by inserting after subsection (g) the following new
        subsection:
    ``(h) Allocation of Accounting Support Fees Among Brokers and
Dealers.--
            ``(1) In general.--Any amount due from brokers and dealers
        that are not issuers (or a particular class of such brokers and
        dealers) under this section to fund the budget of the Board
        shall be allocated among and payable by such brokers and
        dealers (or such brokers and dealers in a particular class, as
        applicable). A broker or dealer's allocation shall be in
        proportion to the broker or dealer's net capital compared to
        the total net capital of all brokers and dealers that are not
        issuers, in accordance with the rules of the Board.
            ``(2) Obligation to pay.--Every broker or dealer shall pay
        the share of a reasonable annual accounting support fee or fees
        allocated to such broker or dealer under this section.''.
    (i) Referral of Investigations to a Self-Regulatory Organization.--
Section 105(b)(4)(B) of the Sarbanes-Oxley Act of 2002 is amended--
            (1) by redesignating clauses (ii) and (iii) as clauses
        (iii) and (iv), respectively; and
            (2) by inserting after clause (i) the following new clause:
                            ``(ii) to a self-regulatory organization,
                        in the case of an investigation that concerns
                        an audit report for a broker or dealer that is
                        subject to the jurisdiction of such self-
                        regulatory organization;''.
    (j) Use of Documents Related to an Inspection or Investigation.--
Section 105(b)(5)(B)(ii) of such Act is amended--
            (1) in subclause (III), by striking ``and'';
            (2) in subclause (IV), by striking the comma and inserting
        ``; and''; and
            (3) by inserting after subclause (IV) the following new
        subclause:
                                    ``(V) a self-regulatory
                                organization, with respect to an audit
                                report for a broker or dealer that is
                                subject to the jurisdiction of such
                                self-regulatory organization,''.

SEC. 2. EFFECTIVE DATE.

    The amendments made by this Act shall take effect 180 days after
the date of the enactment of this Act.

Output:
Amends the Sarbanes-Oxley Act of 2002 to extend the regulatory jurisdiction of the Public Company Accounting Oversight Board to audit reports prepared by a domestic registered or foreign public accounting firm regarding issuers, brokers and dealers, and any companies subject to securities laws (currently only issuers and public companies).

Directs the Board to: (1) establish standards for independence to be used by a registered public accounting firm; and (2) conduct annual inspections to assess compliance of each registered public accounting firm that regularly provides audit reports for more than 100 brokers and dealers.

Declares it shall be unlawful for any person that is suspended or barred from being associated with a registered public accounting firm to willfully become, or remain associated with any broker or dealer (as well as, under current law, any issuer) in an accountancy or financial management capacity.

Prescribes a formula for mandatory allocation among non-issuer brokers and dealers of accounting support fees due from them to fund the budget of the Board.

Authorizes the Board to: (1) refer an investigation to a self-regulatory organization if the investigation concerns an audit report for a broker or dealer subject to the organization's jurisdiction; and (2) make available to the organization documents or information related to such an investigation or an inspection.


Input:
SECTION. 1. EXEMPTION FOR ASBESTOS-RELATED SETTLEMENT FUNDS.

    (a) Exemption for Asbestos-Related Settlement Funds.--Subsection
(b) of section 468B of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
            ``(6) Exemption from tax for asbestos-related settlement
        funds.--Notwithstanding paragraph (1), no tax shall be imposed
        under this section or any other provision of this subtitle on
        any settlement fund to which this section or the regulations
        thereunder applies that is established for the principal
        purpose of resolving and satisfying present and future claims
        relating to asbestos.''.
    (b) Conforming Amendments.--
            (1) Paragraph (1) of section 468B(b) of such Code is
        amended by striking ``There'' and inserting ``Except as
        provided in paragraph (6), there''.
            (2) Subsection (g) of section 468B of such Code is amended
        by inserting ``(other than subsection (b)(6))'' after ``Nothing
        in any provision of law''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after December 31, 2000.

SEC. 2. MODIFY TREATMENT OF ASBESTOS-RELATED NET OPERATING LOSSES.

    (a) Asbestos-Related Net Operating Losses.--Subsection (f) of
section 172 of the Internal Revenue Code of 1986 is amended by
redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and
(7), respectively, and by inserting after paragraph (3) the following
new paragraph:
            ``(4) Special rules for asbestos liability losses.--
                    ``(A) In general.--At the election of the taxpayer,
                the portion of any specified liability loss that is
                attributable to asbestos may, for purposes of
                subsection (b)(1)(C), be carried back to the taxable
                year in which the taxpayer, including any predecessor
                corporation, was first involved in the production or
                distribution of products containing asbestos and each
                subsequent taxable year. In determining its specified
                liability losses attributable to asbestos, the taxpayer
                may elect to take into account payments of related
                parties attributable to asbestos-related products
                produced or distributed by the taxpayer.
                    ``(B) Coordination with credits.--If a deduction is
                allowable for any taxable year by reason of a carryback
                described in subparagraph (A)--
                            ``(i) the credits allowable under part IV
                        (other than subpart C) of subchapter A shall be
                        determined without regard to such deduction,
                        and
                            ``(ii) the amount of taxable income taken
                        into account with respect to the carryback
                        under subsection (b)(2) for such taxable year
                        shall be reduced by an amount equal to--
                                    ``(I) the increase in the amount of
                                such credits allowable for such taxable
                                year solely by reason of clause (i),
                                divided by
                                    ``(II) the maximum rate of tax
                                under section 1 or 11 (whichever is
                                applicable) for such taxable year.
                    ``(C) Carryforwards taken into account before
                asbestos-related deductions.--For purposes of this
                section--
                            ``(i) in determining whether a net
                        operating loss carryforward may be carried
                        under subsection (b)(2) to a taxable year,
                        taxable income for such year shall be
                        determined without regard to the deductions
                        referred to in paragraph (1)(A) with respect to
                        asbestos, and
                            ``(ii) if there is a net operating loss for
                        such year after taking into account such
                        carryforwards and deductions, the portion of
                        such loss attributable to such deductions shall
                        be treated as a specified liability loss that
                        is attributable to asbestos.
                    ``(D) Limitation.--The amount of reduction in
                income tax liability arising from the election
                described in subparagraph (A) that exceeds the amount
                of reduction in income tax liability that would have
                resulted if the taxpayer utilized the 10-year carryback
                period under subsection (b)(1)(C) shall be devoted by
                the taxpayer solely to asbestos claimant compensation
                and related costs, through a settlement fund or
                otherwise.
                    ``(E) Coordination with other carryback
                limitations.--The amount of asbestos-related specified
                liability loss that may be absorbed in a prior taxable
                year (and the amount of refund attributable to such
                loss absorption) shall be determined without regard to
                any limitation under section 381, 382, or 1502 or the
                regulations thereunder.
                    ``(F) Predecessor corporation.--For purposes of
                this paragraph, a predecessor corporation shall include
                a corporation that transferred or distributed assets to
                the taxpayer in a transaction to which section 381(a)
                applies or that distributed the stock of the taxpayer
                in a transaction to which section 355 applies.''.
    (b) Conforming Amendment.--Paragraph (7) of section 172(f) of such
Code, as redesignated by this section, is amended by striking ``10-
year''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years ending on or after December 31, 2000.

Output: Amends Internal Revenue Code provisions concerning designated settlement funds to exempt from tax any designated settlement fund established for the principal purpose of resolving and satisfying present and future claims relating to asbestos. Sets forth special rules concerning asbestos liability losses.


Input:
SECTION 1. DEFINITIONS.

    For the purposes of this act, the following definitions apply:
            (1) Jicarilla apache nation.--The term ``Jicarilla Apache
        Nation'' means the Jicarilla Apache Nation, a tribe of American
        Indians recognized by the United States and organized under
        section 16 of the Act of June 18, 1934 (25 U.S.C. 476;
        popularly known as the Indian Reorganization Act).
            (2) 1988 reservation addition.--The term ``1988 Reservation
        Addition'' means those lands known locally as the Theis Ranch
        that were added to the Jicarilla Apache Reservation in the
        state of New Mexico by the proclamation of the Secretary of the
        Interior issued on September 1, 1988 pursuant to authority
        granted by section 7 of the Act of June 18, 1934 (25 U.S.C.
        467; popularly known as the Indian Reorganization Act), and
        published in the Federal Register on September 26, 1988 at 53
        F.R. 37355-56.
            (3) Settlement agreement.--The term ``Settlement
        Agreement'' means the agreement executed by the President of
        the Jicarilla Apache Nation on May 6, 2003 and executed by the
        Chairman of the Rio Arriba Board of County Commissioners on May
        15, 2003 and approved by the Department of the Interior on June
        18, 2003 to settle the Lawsuit.
            (4) Lawsuit.--The term ``Lawsuit'' means the case
        identified as Jicarilla Apache Tribe v. Board of County
        Commissioners, County of Rio Arriba, No. RA 87-2225(C), State
        of New Mexico District Court, First Judicial District, filed in
        October 1987.
            (5) Rio arriba county.--The term ``Rio Arriba County''
        means the political subdivision of the state of New Mexico
        described in Section 4-21-1 and Section 4-21-2, New Mexico
        Statutes Annotated 1978 (Original Pamphlet).
            (6) Settlement lands.--The term ``Settlement Lands'' means
        Tract A and Tract B as described in the plat of the ``Dependent
        Resurvey and Survey of Tract within Theis Ranch'' within the
        Tierra Amarilla Grant, New Mexico prepared by Leo P. Kelley,
        Cadastral Surveyor, United States Department of the Interior,
        Bureau of Land Management, dated January 7, 2004, and recorded
        in the office of the Rio Arriba County Clerk on March 8, 2004,
        in Cabinet C-1, Page 199, Document No. 242411, consisting of
        70.75 acres more or less. Title to the Settlement Lands is held
        by the United States in trust for the Jicarilla Apache Nation.
            (7) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (8) Disputed county road.--The term ``Disputed County
        Road'' means the county road passing through the 1988
        Reservation Addition along the course identified in the
        judgment entered by the New Mexico District Court in the
        Lawsuit on December 10, 2001 and the decision entered on
        December 11, 2001, which judgment and decision have been
        appealed to the New Mexico Court of Appeals.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) The lands constituting the 1988 Reservation Addition to
        the Jicarilla Apache Reservation were purchased by the
        Jicarilla Apache Nation in June 1985 and were conveyed to the
        United States by a trust deed accepted by the Secretary of the
        Interior in March 1988 pursuant to authority granted by section
        5 of the Act of June 18, 1934 (25 U.S.C. 465; popularly known
        as the Indian Reorganization Act).
            (2) The lands constituting the 1988 Reservation Addition
        were added to the Jicarilla Apache Reservation in September
        1988 by proclamation of the Secretary of the Interior pursuant
        to authority granted by section 7 of the Act of June 18, 1934
        (25 U.S.C. 467; popularly known as the Indian Reorganization
        Act).
            (3) There is pending before the Court of Appeals of the
        State of New Mexico a lawsuit, filed in October 1987, that
        involves a claim that a county road passing through the 1988
        Reservation Addition had been established by prescription prior
        to acquisition of the land by the Jicarilla Apache Nation in
        1985.
            (4) The parties to that lawsuit, the Jicarilla Apache
        Nation and the County of Rio Arriba, have executed a Settlement
        Agreement, approved by the Secretary of the Interior, to
        resolve all claims relating to the disputed county road, which
        agreement requires ratifying legislation by the Congress of the
        United States.
            (5) The parties to the Settlement Agreement desire to
        settle the claims relating to the disputed county road on the
        terms agreed to by the parties, and it is in the best interests
        of the parties to resolve the claims through the Settlement
        Agreement and this implementing legislation.

SEC. 3. CONDITION ON EFFECT OF SECTION.

    (a) In General.--Section 4 of this Act shall not take effect until
the Secretary finds the following events have occurred:
            (1) The Board of Commissioners of Rio Arriba County has
        enacted a resolution permanently abandoning the disputed county
        road and has submitted a copy of that resolution to the
        Secretary.
            (2) The Jicarilla Apache Nation has executed a quitclaim
        deed to Rio Arriba County for the Settlement Lands subject to
        the exceptions identified in the Settlement Agreement and has
        submitted a copy of the quitclaim deed to the Secretary.
    (b) Publication of Findings.--If the Secretary finds that the
conditions set forth in subsection (a) have occurred, the Secretary
shall publish such findings in the Federal Register.

SEC. 4. RATIFICATION OF CONVEYANCE; ISSUANCE OF PATENT.

    (a) Conditional Ratification and Approval.--This Act ratifies and
approves the Jicarilla Apache Nation's quitclaim deed for the
Settlement Lands to Rio Arriba County, but such ratification and
approval shall be effective only upon satisfaction of all conditions in
section 3, and only as of the date that the Secretary's findings are
published in the Federal Register pursuant to section 3.
    (b) Patent.--Following publication of the notice described in
section 3, the Secretary shall issue to Rio Arriba County a patent for
the Settlement Lands, subject to the exceptions and restrictive
covenants described subsection (c).
    (c) Conditions of Patent.--The patent to be issued by the Secretary
under subsection (b) shall be subject to all valid existing rights of
third parties, including but not limited to easements of record, and
shall include the following perpetual restrictive covenant running with
the Settlement Lands for the benefit of the lands comprising the
Jicarilla Apache Reservation adjacent to the Settlement Lands: ``Tract
A shall be used only for governmental purposes and shall not be used
for a prison, jail or other facility for incarcerating persons accused
or convicted of a crime. For purposes of this restrictive covenant,
`governmental purposes' shall include the provision of governmental
services to the public by Rio Arriba County and the development and
operation of private businesses to the extent permitted by applicable
State law.''.

SEC. 5. BOUNDARY CHANGE.

    Upon issuance of the patent authorized by section 4, the lands
conveyed to Rio Arriba County in the patent shall cease to be a part of
the Jicarilla Apache Reservation and the exterior boundary of the
Jicarilla Apache Reservation shall be deemed relocated accordingly.

            Passed the House of Representatives September 27, 2006.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
States that the ratification and approval of the Jicarilla Apache Nation's deed for specified settlement lands and the issuance of a patent pursuant to this Act shall not take effect until the Secretary of the Interior finds the following events have occurred: (1) the Board of Commissioners of the Rio Arriba County, New Mexico, has enacted a resolution permanently abandoning a specified disputed county road and has submitted a copy of that resolution to the Secretary; and (2) the Jicarilla Apache Nation has executed a quitclaim deed to Rio Arriba County for specified settlement lands subject to the exceptions identified in the Settlement Agreement and has submitted a copy of such deed to the Secretary. Requires the Secretary to publish such findings in the Federal Register.

Ratifies and approves the Jicarilla Apache Nation's quitclaim deed for the settlement lands to the County, but such ratification and approval shall be effective only upon satisfaction of all conditions specified above and only as of the date that the Secretary's findings are published in the Federal Register.

Requires the Secretary to issue to the County a patent for the settlement lands. Subjects the patent to all valid existing rights of third parties, including but not limited to easements of record. Requires that the patent include a specified perpetual restrictive covenant running with the Settlement Lands for the benefit of the lands comprising the Jicarilla Apache Reservation adjacent to the Settlement Lands.

Provides that the lands conveyed to the County in such patent shall cease to be a part of the Jicarilla Apache Reservation and the exterior boundary of the Reservation shall be deemed relocated accordingly.


Input:
SECTION 1. SHORT TITLE; ETC.

    (a) Short Title.--This Act may be cited as the ``Tax Rate Reduction
Act of 1999''.
    (b) Section 15 Not To Apply.--The amendments made by section 2
shall not be treated as a change in a rate of tax for purposes of
section 15 of the Internal Revenue Code of 1986.

SEC. 2. 5 PERCENTAGE POINT REDUCTION IN 15 AND 28 PERCENT INDIVIDUAL
              INCOME TAX RATES OVER 10 YEARS.

    (a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by striking subsections (a)
through (e) and inserting the following:
    ``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
            ``(1) every married individual (as defined in section 7703)
        who makes a single return jointly with his spouse under section
        6013, and
            ``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:

``If taxable income is:             The tax is:
    Not over $43,050...............
                                        14.5% of taxable income.
    Over $43,050 but not over
        $104,050.
                                        $6,242.25, plus 27.5% of the
                                                excess over $43,050
    Over $104,050 but not over
        $158,550.
                                        $23,017.25, plus 31% of the
                                                excess over $104,050
    Over $158,550 but not over
        $283,150.
                                        $39,912.25, plus 36% of the
                                                excess over $158,550
    Over $283,150..................
                                        $84,768.25, plus 39.6% of the
                                                excess over $283,150
    ``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:

``If taxable income is:             The tax is:
    Not over $34,550...............
                                        14.5% of taxable income.
    Over $34,550 but not over
        $89,150.
                                        $5,009.75, plus 27.5% of the
                                                excess over $34,550
    Over $89,150 but not over
        $144,400.
                                        $20,024.75, plus 31% of the
                                                excess over $89,150
    Over $144,400 but not over
        $283,150.
                                        $37,152.25, plus 36% of the
                                                excess over $144,400
    Over $283,150..................
                                        $87,102.25, plus 39.6% of the
                                                excess over $283,150
    ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:

``If taxable income is:             The tax is:
    Not over $25,570...............
                                        14.5% of taxable income.
    Over $25,570 but not over
        $62,450.
                                        $3,707.65, plus 27.5% of the
                                                excess over $25,570
    Over $62,450 but not over
        $130,250.
                                        $13,849.65, plus 31% of the
                                                excess over $62,450
    Over $130,250 but not over
        $283,150.
                                        $34,867.65, plus 36% of the
                                                excess over $130,250
    Over $283,150..................
                                        $89,911.65, plus 39.6% of the
                                                excess over $283,150
    ``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:

``If taxable income is:             The tax is:
    Not over $21,525...............
                                        14.5% of taxable income.
    Over $21,525 but not over
        $52,025.
                                        $3,121.12, plus 27.5% of the
                                                excess over $21,525
    Over $52,025 but not over
        $79,275.
                                        $11,508.62, plus 31% of the
                                                excess over $52,025
    Over $79,275 but not over
        $141,575.
                                        $19,956.12, plus 36% of the
                                                excess over $79,275
    Over $141,575..................
                                        $42,384.12, plus 39.6% of the
                                                excess over $141,575
    ``(e) Estates and Trusts.--There is hereby imposed on the taxable
income of--
            ``(1) every estate, and
            ``(2) every trust,
taxable under this subsection a tax determined in accordance with the
following table:

``If taxable income is:             The tax is:
    Not over $1,750................
                                        14.5% of taxable income.
    Over $1,750 but not over $4,050
                                        $253.75, plus 27.5% of the
                                                excess over $1,750
    Over $4,050 but not over $6,200
                                        $886.25, plus 31% of the excess
                                                over $4,050
    Over $6,200 but not over $8,450
                                        $1,552.75, plus 36% of the
                                                excess over $6,200
    Over $8,450....................
                                        $2,362.75, plus 39% of the
                                                excess over $8,450
    (b) Additional Reductions After 1999.--
            (1) In general.--Paragraph (7) of section 1(f) of such Code
        is amended to read as follows:
            ``(7) Phasein of 5 percentage point rate reduction in lower
        brackets.--In prescribing the tables under paragraph (1) which
        apply with respect to taxable years beginning in a calendar
        year after 1999, the corresponding percentages specified for
        such calendar year in the following table shall be substituted
        for 14.5% and 27.5%, respectively, in subsections (a), (b),
        (c), (d), and (e).

------------------------------------------------------------------------
                                                      The corresponding
                                                    percentage shall  be
                          In the case of taxable     substituted for the
                          years  beginning during         following
                              calendar year:            percentages:
                                                   ---------------------
                                                      14.5%      27.5%
------------------------------------------------------------------------
                        2000......................    14.0%      27.0%
                        2001......................    13.5%      26.5%
                        2002......................    13.0%      26.0%
                        2003......................    12.5%      25.5%
                        2004......................    12.0%      25.0%
                        2005......................    11.5%      24.5%
                        2006......................    11.0%      24.0%
                        2007......................    10.5%      23.5%
                        2008 or thereafter........    10.0%     23.0%.''
------------------------------------------------------------------------

            (2) Technical amendments.--
                    (A) Subparagraph (B) of section 1(f)(2) of such
                Code is amended by inserting ``except as provided in
                paragraph (7),'' before ``by not changing''.
                    (B) Subparagraph (C) of section 1(f)(2) of such
                Code is amended by inserting ``and the reductions under
                paragraph (7) in the rates of tax'' before the period.
                    (C) The heading for subsection (f) of section 1 of
                such Code is amended by inserting ``Rate Reductions;''
                before ``Adjustments''.
                    (D) Subparagraph (B) of section 1(g)(7) of such
                Code is amended--
                            (i) by striking ``15 percent'' in clause
                        (ii)(II) and inserting ``the applicable first
                        bracket percentage'', and
                            (ii) by adding at the end the following
                        flush sentence:
                ``For purposes of clause (ii), the applicable first
                bracket percentage is the percentage applicable to the
                lowest income bracket in the table contained in
                subsection (c).''
                    (E) Section 1(h) of such Code is amended--
                            (i) by striking ``28 percent'' both places
                        it appears in paragraphs (1)(A)(ii)(I) and
                        (1)(B)(i) and inserting ``23 percent'', and
                            (ii) by striking paragraph (13).
                    (F) Section 3402(p)(1)(B) of such Code is amended
                by striking ``7, 15, 28, or 31 percent'' and inserting
                ``7 percent, a percentage applicable to any income
                bracket in the table contained in section 1(c) other
                than the highest 2 brackets,''.
                    (G) Section 3402(p)(2) of such Code is amended by
                striking ``15 percent'' and inserting ``the applicable
                first bracket percentage (as defined in section
                1(g)(7))''.
                    (H) Section 3402(q)(1) of such Code is amended by
                striking ``28 percent of such payment.'' and inserting
                ``the applicable percentage of such payment. For
                purposes of the preceding sentence, the applicable
                percentage is the percentage applicable to the next to
                the lowest income bracket in the table contained in
                section 1(c).''
    (c) Inflation Adjustment Conforming Amendments.--
            (1) Subsection (f) of section 1 of such Code is amended--
                    (A) by striking ``1993'' in paragraph (1) and
                inserting ``1999'', and
                    (B) by striking ``1992'' in paragraph (3)(B) and
                inserting ``1998''.
            (2) The following provisions of such Code are each amended
        by striking ``1992'' and inserting ``1998'' each place it
        appears:
                    (A) Section 25A(h).
                    (B) Section 32(j)(1)(B).
                    (C) Section 41(e)(5)(C).
                    (D) Section 59(j)(2)(B).
                    (E) Section 63(c)(4)(B).
                    (F) Section 68(b)(2)(B).
                    (G) Section 135(b)(2)(B)(ii).
                    (H) Section 151(d)(4).
                    (I) Section 220(g)(2).
                    (J) Section 221(g)(1)(B).
                    (K) Section 512(d)(2)(B).
                    (L) Section 513(h)(2)(C)(ii).
                    (M) Section 685(c)(3)(B).
                    (N) Section 877(a)(2).
                    (O) Section 911(b)(2)(D)(ii)(II).
                    (P) Section 2032A(a)(3)(B).
                    (Q) Section 2503(b)(2)(B).
                    (R) Section 2631(c)(1)(B).
                    (S) Section 4001(e)(1)(B).
                    (T) Section 4261(e)(4)(A)(ii).
                    (U) Section 6039F(d).
                    (V) Section 6323(i)(4)(B).
                    (W) Section 6601(j)(3)(B).
                    (X) Section 7430(c)(1).
            (3) Subclause (II) of section 42(h)(6)(G)(i) of such Code
        is amended by striking ``1987'' and inserting ``1998''.
    (d) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to taxable years
        beginning after December 31, 1998.
            (2) Amendments to withholding provisions.--The amendments
        made by subparagraphs (F), (G), and (H) of subsection (b)(2)
        shall apply to amounts paid after the date of the enactment of
        this Act.

Output: Tax Rate Reduction Act of 1999 - Amends the Internal Revenue Code to reduce the 15 and 28 percent individual income tax rates to 10 and 23 percent over a ten-year period.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bosnia and Herzegovina-American
Enterprise Fund Act''.

SEC. 2. PURPOSE AND FINDINGS.

    (a) Purpose.--The purpose of this Act is to support economic
opportunity and political progress in Bosnia and Herzegovina through
the creation of an enterprise fund that will provide financial
investment and technical assistance to small and medium-sized
enterprises.
    (b) Findings.--Congress makes the following findings:
            (1) The United States has a strong interest in ensuring the
        gains in stability and reconciliation made since the end of the
        Bosnian War in 1995 are not overtaken by difficult economic
        conditions.
            (2) In 2014, protests broke out across Bosnia and
        Herzegovina as a result of widespread frustration among the
        populace regarding the economy, which is currently experiencing
        an unemployment rate of more than 40 percent.
            (3)(A) A crucial element for economic progress in Bosnia
        and Herzegovina is robust growth among small and medium-sized
        enterprises (SMEs), which have struggled to access necessary
        financing.
            (B) Although the private sector credit-to-GDP ratio in
        Bosnia and Herzegovina grew from 25 percent in 2001 to over 65
        percent in 2008, it has failed to grow in the 7 years since,
        and is significantly less than the average for advanced
        economies.
            (C) Bank lending, which grew similarly rapidly before 2008,
        has grown barely more than 1 percent per year since then.
            (D) International financial institutions and foreign-owned
        private investment funds active in Bosnia and Herzegovina have
        provided growth finance for larger companies and infrastructure
        project financing, but have not substantially invested in SMEs.
            (4)(A) Bosnia and Herzegovina's demographic, income and
        geographic characteristics are promising for SME growth.
            (B) Bosnia and Herzegovina is a market of almost 4,000,000
        people, whose per capita income has grown by almost 50 percent
        in less than a decade, and substantial growth remains in order
        to achieve income parity with its Balkan neighbor economies.
            (C) Bosnia and Herzegovina currently imports almost
        $10,000,000,000 of goods per year, a substantial portion of
        which could be substituted for by domestic SME production.
            (5) To help foster and support the fledgling private sector
        in Central and Eastern Europe after the fall of the Berlin
        Wall, Congress, through enactment of the Support for East
        European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.)
        and the FREEDOM Support Act (22 U.S.C. 5801 et seq.),
        authorized nearly $1,200,000,000 for the United States Agency
        for International Development (USAID) to establish 10 new
        investment funds (collectively known as the ``Enterprise
        Funds'') to both support economic development objectives and
        realize substantial financial returns.
            (6) The Enterprise Funds--
                    (A) channeled approximately $10,000,000,000 of
                public and private funding into more than 500
                enterprises in 19 countries;
                    (B) leveraged $6,900,000,000 in private investment
                capital from outside the United States Government;
                    (C) provided substantial development capital where
                supply was limited;
                    (D) created or sustained more than 300,000 jobs
                through investment and development activities;
                    (E) funded $80,000,000 in technical assistance to
                strengthen the private sector; and
                    (F) are expected to recoup 177 percent of the
                original USAID funding.
            (7) Enterprise funds established in partnership with United
        States partners, such as Poland, Hungary, Albania, Russia, and
        other European countries, have proven beneficial to the
        economies of such countries.
            (8) Creating a similar fund in close partnership with the
        people of Bosnia and Herzegovina would help sustain and expand
        economic reform efforts in Bosnia and Herzegovina and empower
        entrepreneurs to create urgently needed employment
        opportunities.
            (9) Establishing an enterprise fund for Bosnia and
        Herzegovina would--
                    (A) help improve financial institutions within the
                country;
                    (B) provide debt, equity, and other investment
                vehicles for commercially viable SMEs; and
                    (C) make the investment environment more attractive
                to domestic and international investors.

SEC. 3. PURPOSES OF BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND.

    The purposes of the Bosnia and Herzegovina-American Enterprise Fund
are--
            (1) to promote the private sector in Bosnia and
        Herzegovina, while considering the development impact of
        investments and profitability of those investments,
        particularly in small and medium-sized enterprises, and joint
        ventures with participants from the United States and Bosnia
        and Herzegovina;
            (2) to promote policies and practices conducive to
        strengthening the private sector in Bosnia and Herzegovina
        through measures including loans, microloans, equity
        investments, insurance, guarantees, grants, feasibility
        studies, technical assistance, training for businesses
        receiving investment capital, and other measures;
            (3) to promote good corporate governance and transparency
        in Bosnia and Herzegovina, foster competition, catalyze
        productivity improvements in existing businesses, and
        strengthen local capital markets; and
            (4) to promote security through job creation in the private
        sector in Bosnia and Herzegovina and to further the creation of
        a middle class in Bosnia and Herzegovina.

SEC. 4. BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND.

    (a) Designation.--The President is authorized to designate a
private, nonprofit organization (to be known as the Bosnia and
Herzegovina-American Enterprise Fund) to receive funds and support made
available under this Act after determining that such organization has
been designated for the purposes specified in section 3. The President
should make such designation only after consultation with the
leadership of each House of Congress.
    (b) Board of Directors.--
            (1) Appointment.--The Bosnia and Herzegovina-American
        Enterprise Fund shall be governed by a Board of Directors,
        which shall be comprised of 6 private citizens of the United
        States appointed by the President of the United States in
        consultation with the Administrator of the United States Agency
        for International Development. The Board is authorized to
        appoint up to 3 additional members who are citizens of Bosnia
        and Herzegovina if agreed to unanimously by all members of the
        Board.
            (2) Qualifications.--Members of the Board of Directors
        shall be selected from among people who have had successful
        business careers and demonstrated experience and expertise in
        international and particularly emerging markets investment
        activities, such as private equity or venture capital
        investment, banking, finance, strategic business consulting, or
        entrepreneurial business creation, and backgrounds in priority
        business sectors of the Fund.
            (3) United states government liaison to the board.--The
        President shall appoint the United States Ambassador to Bosnia
        and Herzegovina, or the Ambassador's designee, as a liaison to
        the Board.
            (4) Non-government liaisons to the board.--
                    (A) Authority to appoint.--Upon the recommendation
                of the Board of Directors, the President may appoint up
                to 2 additional liaisons to the Board of Directors in
                addition to the members specified in paragraphs (1) and
                (3), of which not more than 1 may be a non-citizen of
                the United States.
                    (B) NGO community.--One of the additional liaisons
                to the Board should be from the nongovernmental
                organization community, with significant prior
                experience in development and an understanding of
                development policy priorities for Bosnia and
                Herzegovina.
                    (C) Technical expertise.--One of the additional
                liaisons to the Board should have extensive
                demonstrated industry, sector, or technical experience
                and expertise in a priority investment sector for the
                Fund.
    (c) Grants.--
            (1) In general.--There is authorized to be appropriated for
        the Department of State for fiscal year 2016 $30,000,000--
                    (A) to carry out the purposes set forth in section
                3 through the Bosnia and Herzegovina-American
                Enterprise Fund; and
                    (B) to pay for the administrative expenses of the
                Bosnia and Herzegovina-American Enterprise Fund.
            (2) Eligible programs and projects.--Grants awarded under
        this section may only be used for programs and projects that
        support the purposes set forth in section 3.
            (3) Compliance requirements.--
                    (A) In general.--Grants may not be awarded to the
                Bosnia and Herzegovina-American Enterprise Fund under
                this section unless the Fund agrees to comply with the
                requirements under this section.
                    (B) Grant agreement.--The grant agreement between
                the United States Agency for International Development
                and the Bosnia and Herzegovina-American Enterprise Fund
                shall state that the Fund shall end its reinvestment
                cycle not later than December 31, 2030, unless the
                Secretary of State, in consultation with the
                Administrator of the United States Agency for
                International Development, and after consultation with
                the appropriate congressional committees, determines
                that the Fund should be extended.
                    (C) Prevention of money laundering and terrorist
                financing.--The grant agreement between the United
                States Agency for International Development and the
                Bosnia and Herzegovina-American Enterprise Fund shall
                state that the Fund shall comply with procedures
                specified by the Secretary of State to ensure that
                grant funds are not provided by the Fund to or through
                any individual, private or government entity, or
                educational institution that advocates, plans,
                sponsors, engages in, or has engaged in, money
                laundering or terrorist activity or, with respect to a
                private entity or educational institution, that has as
                a principal officer of the entity's governing board or
                governing board of trustees any individual that has
                been determined to be involved in or advocating money
                laundering or terrorist activity or determined to be a
                member of a designated foreign terrorist organization.
                    (D) Disposition of assets.--The assets of the
                Bosnia and Herzegovina-American Enterprise Fund at the
                time the Fund is dissolved shall be returned to the
                General Fund of the United States Treasury and used to
                reduce the debt of the United States in a manner agreed
                upon by USAID and the Board of Directors for the Fund,
                except for those assets used to designate a legacy
                foundation which is appropriately resourced to the
                needs of Bosnia and Herzegovina.
    (d) Notification.--
            (1) In general.--Not later than 15 days before designating
        an organization to operate as the Bosnia and Herzegovina-
        American Enterprise Fund pursuant to subsection (a), the
        President shall provide the information described in paragraph
        (2) to the Chairman and Ranking Member of the appropriate
        congressional committees.
            (2) Information.--The information described in this
        paragraph is--
                    (A) the identity of the organization to be
                designated to operate as the Bosnia and Herzegovina-
                American Enterprise Fund pursuant to subsection (a);
                    (B) the name and qualifications of the individual
                who will serve as Chairman of the Board of Directors;
                and
                    (C) the amount of the grant intended to fund the
                Bosnia and Herzegovina-American Enterprise Fund over
                the lifetime of the fund.
    (e) Public Disclosure.--Not later than 1 year after the entry into
force of the initial grant agreement under this section, and annually
thereafter, the Fund shall prepare and make available to the public on
an Internet Web site administered by the Fund a report on the Fund's
activities during the previous year, including--
            (1) a description of each investment or project supported
        by the Fund, including each type of assistance provided in
        accordance with section 3(2);
            (2) the amounts invested by the Fund in each company or
        project;
            (3) the amounts of additional private investments made in
        each company or project; and
            (4) the amounts of any profits or losses realized by the
        Fund in connection with each such company or project.

SEC. 5. REPORTS.

    (a) Administrative Expenses.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter until the Fund is
dissolved, the Fund shall submit to the appropriate congressional
committees a report detailing the administrative expenses of the Fund,
including any employee incentive compensation arrangements implemented
by the Fund which are not considered to be industry standard.
    (b) GAO Report.--Not later than 3 years after the date of the
enactment of this Act, and every 3 years thereafter until the Fund is
dissolved, the Comptroller General of the United States shall submit to
the appropriate congressional committees a report assessing the
activities of the Fund in achieving the stated goals of promoting
private sector investment and employment in Bosnia and Herzegovina and
identifying those institutional or regulatory constraints that inhibit
a more effective application of Fund resources.
    (c) USAID Reports.--Not later than July 1, 2022, and July 1, 2030,
the Administrator of the United States Agency for International
Development shall submit a report to the appropriate congressional
committees assessing the performance of the Bosnia and Herzegovina-
American Enterprise Fund with respect to the purposes set forth in
section 3.
    (d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on
        Appropriations of the House of Representatives.

SEC. 6. OPERATION PROVISIONS.

    (a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k),
(l), (m), (n), (o), and (p) of section 201 of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply with
respect to the Bosnia and Herzegovina-American Enterprise Fund in the
same manner as such provisions apply to Enterprise Funds designated
pursuant to subsection (d) of such section.
    (b) Reinvestment.--Returns on investments of the Bosnia and
Herzegovina-American Enterprise Fund and other payments to the Fund may
be reinvested in projects carried out by the Fund without further
appropriation by Congress.

SEC. 7. BEST PRACTICES AND PROCEDURES.

    To the maximum extent practicable, the Board of Directors of the
Bosnia and Herzegovina-American Enterprise Fund should adopt the best
practices and procedures used by Enterprise Funds, including those for
which funding has been made available pursuant to section 201 of the
Support for East European Democracy (SEED) Act of 1989 (22 U.S.C.
5421).

SEC. 8. EXPERIENCE OF OTHER ENTERPRISE FUNDS.

    In implementing this Act, the President shall ensure that the
Articles of Incorporation of the Bosnia and Herzegovina-American
Enterprise Fund (including provisions specifying the responsibilities
of the Board of Directors of the Fund), the terms of United States
Government grant agreements with the Fund, and United States Government
oversight of the Fund are, to the maximum extent practicable,
consistent with the Articles of Incorporation of, the terms of grant
agreements with, and the oversight of the Enterprise Funds designated
pursuant to section 201 of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law.

Output: Bosnia and Herzegovina-American Enterprise Fund Act This bill authorizes the President to designate a private, nonprofit organization as the Bosnia and Herzegovina-American Enterprise Fund to promote the private sector, job creation, and creation of a middle class in Bosnia and Herzegovina.