Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Leveraging and Energizing America's
Apprenticeship Programs Act'' or the ``LEAP Act''.

SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
              PROGRAMS.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:

``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP
              PROGRAMS.

    ``(a) In General.--For purposes of section 38, the apprenticeship
credit determined under this section for the taxable year is an amount
equal to the sum of the applicable credit amounts (as determined under
subsection (b)) for each of the apprenticeship employees of the
employer that exceeds the applicable apprenticeship level (as
determined under subsection (e)) during such taxable year.
    ``(b) Applicable Credit Amount.--For purposes of subsection (a),
the applicable credit amount for each apprenticeship employee for each
taxable year is equal to--
            ``(1) in the case of an apprenticeship employee who has not
        attained 25 years of age at the close of the taxable year,
        $1,500, or
            ``(2) in the case of an apprenticeship employee who has
        attained 25 years of age at the close of the taxable year,
        $1,000.
    ``(c) Limitation on Number of Years Which Credit May Be Taken Into
Account.--The apprenticeship credit shall not be allowed for more than
2 taxable years with respect to any apprenticeship employee.
    ``(d) Apprenticeship Employee.--For purposes of this section--
            ``(1) In general.--The term `apprenticeship employee' means
        any employee who is--
                    ``(A) a party to an apprenticeship agreement
                registered with--
                            ``(i) the Office of Apprenticeship of the
                        Employment and Training Administration of the
                        Department of Labor, or
                            ``(ii) a recognized State apprenticeship
                        agency, and
                    ``(B) employed by the employer in the occupation
                identified in the apprenticeship agreement described in
                paragraph (1), whether or not the employer is a party
                to such agreement.
            ``(2) Minimum completion rate for eligible apprenticeship
        programs.--An employee shall not be treated as an
        apprenticeship employee unless such apprenticeship agreement is
        with an apprenticeship program that, for the two-year period
        ending on the date of the apprenticeship begins, has a
        completion rate of at least 50 percent.
    ``(e) Applicable Apprenticeship Level.--
            ``(1) In general.--For purposes of this section, the
        applicable apprenticeship level shall be equal to--
                    ``(A) in the case of any apprenticeship employees
                described in subsection (b)(1), the amount equal to 80
                percent of the average number of such apprenticeship
                employees of the employer for the 3 taxable years
                preceding the taxable year for which the credit is
                being determined, rounded to the next lower whole
                number, and
                    ``(B) in the case of any apprenticeship employees
                described in subsection (b)(2), the amount equal to 80
                percent of the average number of such apprenticeship
                employees of the employer for the 3 taxable years
                preceding the taxable year for which the credit is
                being determined, rounded to the next lower whole
                number.
            ``(2) First year of new apprenticeship programs.--In the
        case of an employer which did not have any apprenticeship
        employees during any taxable year in the 3 taxable years
        preceding the taxable year for which the credit is being
        determined, the applicable apprenticeship level shall be equal
        to zero.
    ``(f) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 45A, 51(a), and 1396(a) with respect
to any employee shall be reduced by the credit allowed by this section
with respect to such employee.
    ``(g) Certain Rules To Apply.--Rules similar to the rules of
subsections (i)(1) and (k) of section 51 shall apply for purposes of
this section.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
            ``(37) the apprenticeship credit determined under section
        45S(a).''.
    (c) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45S(a),'' after ``45P(a),''.
    (d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 45S. Employees participating in qualified apprenticeship
                            programs.''.
    (e) Effective Date.--The amendments made by this section shall
apply to individuals commencing apprenticeship programs after the date
of the enactment of this Act.

Output: Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act This bill amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprenticeship employee who has not attained age 25 at the close of the taxable year or $1,000 for hiring an apprenticeship employee who has attained age 25. The credit is available for no more than two taxable years with respect to any apprenticeship employee.  An "apprenticeship employee" means any employee who is: (1) a party to an apprenticeship agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a recognized state apprenticeship agency; and (2) employed by the employer in the occupation identified in the apprenticeship agreement, whether or not the employer is a party to such agreement.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Crop Production Act of
1995''.

SEC. 2. FINDINGS.

    Congress finds that energy crops--
            (1) provide many of the soil and water conservation and
        wildlife habitat benefits associated with cover already planted
        on land enrolled in the conservation reserve program;
            (2) can be harvested using best management practices
        without compromising the conservation benefits being achieved
        by the conservation reserve program;
            (3) can maintain and enhance farm income while allowing
        land to remain in the conservation reserve program at a reduced
        cost to the Federal government;
            (4) can supply a significant proportion of the energy needs
        of the United States using domestic resources that are
        renewable, sustainable, and environmentally beneficial; and
            (5) can effectively trap carbon from the atmosphere and
        provide air quality benefits.

SEC. 3. HARVESTING OF ENERGY CROPS ON CONSERVATION RESERVE LAND.

    Section 1232 of the Food Security Act of 1985 (16 U.S.C. 3832) is
amended by adding at the end the following:
    ``(f) Energy Crops.--
            ``(1) Definition of energy crop.--In this subsection, the
        term `energy crop' means a herbaceous perennial grass, a short
        rotation woody coppice species of tree, or other crop, that may
        be used to generate electric power or other energy product, as
        determined by the Secretary in consultation with the State
        technical committee for a State established under section 1261.
            ``(2) Harvesting of energy crops in designated
        demonstration areas.--In not more than 10 demonstration project
        areas not exceeding a total of 1,000,000 acres (based on an
        evaluation by the Secretary of joint industry and landowner
        proposals to designate areas as demonstration project areas),
        the Secretary shall permit an owner or operator of land,
        located within a demonstration project area, that is subject to
        a contract entered into under this subtitle to harvest an
        energy crop on the land if the owner or operator--
                    ``(A) carries out appropriate conservation measures
                and practices on the land;
                    ``(B) harvests energy crops in accordance with this
                subsection on not more than 75 percent of the land that
                is subject to the contract, in accordance with a
                conservation plan and in a manner and at times of the
                year that ensure that soil, water, and wildlife habitat
                subject to the conservation reserve program as a whole
                are not compromised;
                    ``(C) if harvesting of energy crops on the land is
                discontinued, maintains grasses or trees on the land
                for the duration of the contract; and
                    ``(D) submits a bid under paragraph (3) that is
                accepted by the Secretary.
            ``(3) Bids.--To carry out this subsection, the Secretary
        shall establish a bid system under which an owner or operator
        of land that is subject to a contract entered into under this
        subtitle may offer to reduce the rental payments that would
        otherwise be payable under the contract in exchange for
        permission to harvest an energy crop on the land.
            ``(4) Cost-Sharing.--The Secretary shall pay an owner or
        operator of land described in paragraph (2) 50 percent of the
        cost of converting land under the contract that is planted to
        grasses not identified as an energy crop to the production of
        an energy crop.
            ``(5) Duration.--The Secretary shall permit an owner or
        operator described in paragraph (2)--
                    ``(A) to extend a contract entered into under this
                subtitle for not to exceed 5 years; and
                    ``(B) on expiration of a contract entered into
                under this subtitle, obtain a priority, at an
                appropriate rental rate, for reenrollment of the land
                subject to the contract.''.

SEC. 4. HARVESTING OF ENERGY CROPS ON CONSERVATION USE ACREAGE.

    Section 503 of the Agricultural Act of 1949 (7 U.S.C. 1463) is
amended--
            (1) in subsection (c)--
                    (A) in paragraph (7), by striking ``and'' at the
                end;
                    (B) in paragraph (8), by striking the period at the
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(9) any acreage on the farm that is planted to an energy
        crop in accordance with subsection (i).''; and
            (2) by adding at the end the following:
    ``(i) Energy Crops.--
            ``(1) Definition of energy crop.--In this subsection, the
        term `energy crop' means a herbaceous perennial grass, a short
        rotation woody coppice species of tree, or other crop, that may
        be used to generate electric power or other energy product, as
        determined by the Secretary in consultation with the State
        technical committee for a State established under section 1261
        of the Food Security Act of 1985 (16 U.S.C. 3861).
            ``(2) Planting of energy crops.--For purposes of this Act,
        acreage on a farm that is planted to an energy crop shall be
        considered devoted to conservation uses if the producers on the
        farm carry out appropriate conservation measures and practices
        on the acreage, in accordance with a conservation plan that is
        approved by the Secretary.
            ``(3) Cost sharing.--The Secretary shall pay the producers
        on a farm 50 percent of the cost of establishing an energy crop
        if the producers agree to maintain the crop for at least 3 crop
        years.''.

Output: Energy Crop Production Act of 1995 - Amends the Food Security Act of 1985 and the Agricultural Act of 1949 to permit harvesting of crops on conservation reserve and conservation use lands that may be used to generate electric power or other energy products("energy crops").


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Women Discharged From the Military
Due to Pregnancy Relief Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In June 1948, Congress enacted the Women's Armed
        Services Integration Act of 1948, which formally authorized the
        appointment and enlistment of women in the regular components
        of the United States Armed Forces.
            (2) With the expansion of the Armed Forces to include
        women, the possibility arose for the first time that members of
        the Armed Forces could become pregnant.
            (3) The response to such possibilities and actualities was
        Executive Order 10240, signed by President Harry S. Truman in
        1951, which granted the Armed Forces the authority to
        involuntarily discharge a woman if she became pregnant, gave
        birth to a child, or became a parent by adoption or a
        stepparent.
            (4) The Armed Forces responded to the Executive Order by
        systematically discharging any woman in the Armed Forces who
        became pregnant, regardless of whether the pregnancy was
        intentional, unintentional, or the result of sexual abuse.
            (5) Although the Armed Forces were required to offer women
        who were involuntarily discharged due to pregnancy the
        opportunity to request retention in the military, many of the
        women who were involuntarily discharged were not offered such
        opportunity.
            (6) The Armed Forces did not provide required separation
        benefits, counseling, or assistance to the service women who
        were discharged due to pregnancy.
            (7) It is documented that as many as 7,000 service women
        were involuntarily discharged from the Armed Forces as a result
        of pregnancy.
            (8) There are reports that the practice of the Armed Forces
        to systematically discharge pregnant women from the service
        caused some women to seek abortions (illegal at the time) or to
        put their children up for adoption, and that, in some cases,
        some women committed suicide as a result of their involuntary
        discharge from the Armed Forces.
            (9) Such involuntary discharge from the Armed Forces on the
        basis of pregnancy was challenged in Federal district court by
        Stephanie Crawford in 1975, whose legal argument stated that
        the practice of this type of discharge violated her
        constitutional right to due process of law.
            (10) The United States Court of Appeals for the Second
        Circuit ruled in Stephanie Crawford's favor in 1976 and found
        that the Executive Order and any regulations within the Armed
        Forces that made discharge from the military services mandatory
        due to pregnancy were unconstitutional.
            (11) By 1976, all regulations that permitted discharge of a
        servicewoman from the Armed Forces because of pregnancy or any
        form of parenthood had been rescinded.

SEC. 3. EXPRESSION OF CONGRESSIONAL REMORSE FOR POLICY OF INVOLUNTARY
              DISCHARGES DUE TO PREGNANCY.

    (a) Sense of Congress.--It is the sense of Congress that the women
who served in the United States Armed Forces before February 23, 1976,
and who were involuntarily discharged due to pregnancy should not have
been involuntarily discharged due to the physical status of pregnancy.
    (b) Expression of Remorse.--Congress hereby expresses deep remorse
for the women who patriotically served in the Armed Forces, but were
forced, by official United States policy, to endure unnecessary and
discriminatory actions, including the violation of their constitutional
right to due process of law, simply because they became pregnant while
a member of the Armed Forces.

SEC. 4. PAYMENT OF PAY AND ALLOWANCES NOT PAID BY REASON OF INVOLUNTARY
              DISCHARGE DUE TO PREGNANCY.

    (a) Determination of Eligible Persons.--The Secretary of Defense
shall identify each woman who was involuntarily discharged or separated
from the Armed Forces due to pregnancy during the period beginning on
June 12, 1948 (the date of the enactment of the Women's Armed Services
Integration Act of 1948), and ending on February 23, 1976.
    (b) Payment of Missed Pay and Allowances.--
            (1) Enlisted members.--The Secretary of Defense shall pay
        to each woman identified under subsection (a) (or to the estate
        of such woman, if deceased) who was an enlisted member of the
        Armed Forces at the time of her involuntary discharge an amount
        equal to the total amount of pay and allowances that the
        Secretary estimates would have been paid to the woman during
        the remainder of her term of enlistment or period of obligated
        service (if any) had she not been involuntarily discharged due
        to pregnancy.
            (2) Officers.--The Secretary of Defense shall pay to each
        woman identified under subsection (a) (or to the estate of such
        woman, if deceased) who was an officer in the Armed Forces at
        the time of her involuntary separation an amount equal to the
        total amount of pay and allowances that the Secretary estimates
        would have been paid to the woman during a period of active
        duty beginning on the date of her involuntary separation and
        ending on the earlier of the following:
                    (A) The completion of five additional years of
                service on active duty.
                    (B) The date on which she would have completed a
                period of active duty equal to her service in the Armed
                Forces before her involuntary separataion.
            (3) Adjustment.--Each amount determined under this
        subsection shall be adjusted for inflation, as determined by
        the Secretary of the Treasury, to the date of the payment.

SEC. 5. LOAN FORGIVENESS FOR CERTAIN STUDENT LOANS.

    (a) Definitions.--For purposes of this section:
            (1) Eligible offspring.--The term ``eligible offspring''
        means any child of an eligible person under section 4(a) that
        is determined, in accordance with regulations prescribed by the
        Secretary, to be the offspring of such person from the
        pregnancy that was the cause of such person's discharge or
        separation from the Armed Forces. For purposes of this
        definition, it does not matter whether the child was raised by
        the eligible person or adopted and raised by another person.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Education.
            (3) Federal student loan.--The term ``Federal student
        loan'' means any loan made, insured, or guaranteed under part
        B, D, or E of title IV of the Higher Education Act of 1965,
        regardless of whether the loan was made, insured, or guaranteed
        under such part before the date of the enactment of this Act or
        is made, insured, or guaranteed under such part on or after
        such date.
    (b) In General.--The Secretary shall provide for the discharge or
cancellation of the Federal student loan indebtedness of an eligible
offspring in the same manner as is required by sections 437(a),
455(a)(1), and 464(c)(1)(F) of the Higher Education Act of 1965 (20
U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), as the case may be.
    (c) Facilitation of Claims.--The Secretary shall--
            (1) by regulation, establish procedures for the filing of
        applications for discharge or cancellation under this section,
        which regulations shall be prescribed and published within 30
        days after the date of enactment of this Act and without regard
        to the requirements of section 553 of title 5, United States
        Code; and
            (2) take such actions as may be necessary to publicize the
        availability of discharge or cancellation of Federal student
        loan indebtedness for eligible offspring under this section.
    (d) Availability of Funds for Payments.--Funds available for the
purposes of making payments to lenders in accordance with section
437(a) for the discharge of indebtedness of individuals described in
subsection (a)(1) of this section shall be available for making
payments under section 437(a) as required by this section.
    (e) No Delay in Regulations.--Sections 482(c) and 492 of the Higher
Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the
regulations required by this section.

SEC. 6. HEALTH BENEFITS.

     Health benefits shall be available under section 1086 of title 10,
United States Code, to eligible persons described in section 4(a) and
eligible offspring as defined by section 5(a) in the same manner as
health benefits are available under such section 1086 for persons
covered by subsection (c) of that section.

SEC. 7. STANDARD FORM OF DISCHARGE FOR WOMEN VETERANS INVOLUNTARILY
              DISCHARGED DUE TO PREGNANCY.

    The Secretary of Defense shall establish a standard discharge code
(including a discharge ``cause'' reenlistment code and other related
information) for women veterans who were involuntarily discharged from
the Armed Forces due to pregnancy between 1951 and 1976. Such discharge
code shall provide a single, uniform discharge code, applicable to each
of the Armed Forces, indicating that the discharge was an involuntary
discharge due to pregnancy. The Secretary shall develop a means by
which each such involuntarily discharged female veteran may apply to
the Secretary to have that veteran's discharge documents revised to
reflect the new standard discharge code. The Secretary shall promptly
issue revised discharge documents to each female veteran submitting
such an application who the Secretary determines is eligible for such
revised documents.

SEC. 8. SENSE OF CONGRESS CONCERNING CONTINUED SERVICE TO THE NATION.

    It is the sense of Congress that the Secretary of Defense should
establish policies to encourage women veterans who before 1976 were
involuntarily discharged from the Armed Forces due to pregnancy to
continue to serve the Nation.

Output: Women Discharged From the Military Due to Pregnancy Relief Act of 2002 - Expresses the sense of Congress that women who served in the U.S. armed forces before February 23, 1976, should not have been involuntarily discharged due to pregnancy and expresses remorse for the women who endured unnecessary and discriminatory actions because they became pregnant while a member of the armed forces.Requires the Secretary of Defense to identify and pay each woman who was so discharged or separated between June 12, 1948, and February 23, 1976, an amount equal to the total pay and allowances that would have been due had such person not been involuntarily discharged.Directs the Secretary of Education to provide for the discharge or cancellation of the Federal student loan indebtedness of an offspring who was the cause of such a woman's discharge or separation.Makes health benefits provided as a result of military service available to such women and offspring.Requires the Secretary of Defense to establish a single standard discharge code for such women.Expresses the sense of Congress that the Secretary of Defense should establish policies to encourage such women to continue to serve the Nation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sunshine in Litigation Act of
2010''.

SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND
              SETTLEMENTS.

    (a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Restrictions on protective orders and sealing of cases and
              settlements
    ``(a)(1) In any civil action in which the pleadings state facts
that are relevant to the protection of public health or safety, a court
shall not enter an order under rule 26(c) of the Federal Rules of Civil
Procedure restricting the disclosure of information obtained through
discovery, an order approving a settlement agreement that would
restrict the disclosure of such information, or an order restricting
access to court records unless in connection with such order the court
has first made independent findings of fact that--
            ``(A) such order would not restrict the disclosure of
        information which is relevant to the protection of public
        health or safety; or
            ``(B)(i) the public interest in the disclosure of potential
        health or safety hazards is outweighed by a specific and
        substantial interest in maintaining the confidentiality of the
        information or records in question; and
            ``(ii) the requested order is no broader than necessary to
        protect the confidentiality interest asserted.
    ``(2) No order entered in accordance with paragraph (1), other than
an order approving a settlement agreement, shall continue in effect
after the entry of final judgment, unless at the time of, or after,
such entry the court makes a separate finding of fact that the
requirements of paragraph (1) have been met.
    ``(3) The party who is the proponent for the entry of an order, as
provided under this section, shall have the burden of proof in
obtaining such an order.
    ``(4) This section shall apply even if an order under paragraph (1)
is requested--
            ``(A) by motion pursuant to rule 26(c) of the Federal Rules
        of Civil Procedure; or
            ``(B) by application pursuant to the stipulation of the
        parties.
    ``(5)(A) The provisions of this section shall not constitute
grounds for the withholding of information in discovery that is
otherwise discoverable under rule 26 of the Federal Rules of Civil
Procedure.
    ``(B) No party shall request, as a condition for the production of
discovery, that another party stipulate to an order that would violate
this section.
    ``(b)(1) In any civil action in which the pleadings state facts
that are relevant to the protection of public health or safety, a court
shall not approve or enforce any provision of an agreement between or
among parties to a civil action, or approve or enforce an order subject
to subsection (a)(1), that prohibits or otherwise restricts a party
from disclosing any information relevant to such civil action to any
Federal or State agency with authority to enforce laws regulating an
activity relating to such information.
    ``(2) Any such information disclosed to a Federal or State agency
shall be confidential to the extent provided by law.
    ``(c)(1) Subject to paragraph (2), a court shall not enforce any
provision of a settlement agreement in any civil action in which the
pleadings state facts that are relevant to the protection of public
health or safety between or among parties that prohibits one or more
parties from--
            ``(A) disclosing that a settlement was reached or the terms
        of such settlement that involve matters relevant to the
        protection of public health or safety, other than the amount of
        money paid; or
            ``(B) discussing the civil action, or evidence produced in
        the civil action, that involves matters related to public
        health or safety.
    ``(2) Paragraph (1) applies unless the court has made independent
findings of fact that--
            ``(A) the public interest in the disclosure of potential
        health or safety hazards is outweighed by a specific and
        substantial interest in maintaining the confidentiality of the
        information or records in question; and
            ``(B) the requested order is no broader than necessary to
        protect the confidentiality interest asserted.
    ``(d) When weighing the interest in maintaining confidentiality
under this section, there shall be a rebuttable presumption that the
interest in protecting personally identifiable information relating to
financial, health or other similar information of an individual
outweighs the public interest in disclosure.
    ``(e) Nothing in this section shall be construed to permit,
require, or authorize the disclosure of classified information (as
defined under section 1 of the Classified Information Procedures Act
(18 U.S.C. App.)).''.
    (b) Technical and Conforming Amendment.--The table of sections for
chapter 111 of title 28, United States Code, is amended by adding after
the item relating to section 1659 the following:

``1660. Restrictions on protective orders and sealing of cases and
                            settlements.''.
    (c) Rule of Construction.--Nothing in the amendments made by this
act shall be construed to weaken or to limit--
            (1) existing common law or constitutional standards for
        information access; or
            (2) confidentiality protections as a basis for a protective
        order.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall--
            (1) take effect 30 days after the date of enactment of this
        Act; and
            (2) apply only to orders entered in civil actions or
        agreements entered into on or after such date.

Output:
Sunshine in Litigation Act of 2010 - Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to the protection of public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, unless in connection with such order the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety; or (2) the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information, and the requested order is no broader than necessary to protect the confidentiality interest asserted. Prohibits any party from requesting, as a condition for the production of discovery, that another party stipulate to an order that would violate this Act.

Prohibits a court, again in any such civil action, from: (1) approving or enforcing any provision of an agreement between or among parties to the civil action, or an order entered under this Act, that restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information; or (2) enforcing any provision of a settlement agreement between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement involve matters relevant to the protection of public health or safety, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters related to public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that the public interest in the disclosure of potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question, and the requested protective order is no broader than necessary to protect the confidentiality interest asserted.

Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure.

Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of classified information, as defined under the Classified Information Procedures Act.


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

    (a) Short Title.--This Act may be cited as the ``Regulatory
Flexibility Reform Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Clarification and expansion of rules covered by the Regulatory
                            Flexibility Act.
Sec. 4. Requirements providing for more detailed analyses.
Sec. 5. Periodic review of rules.
Sec. 6. Clerical amendments.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A vibrant and growing small business sector is critical
        to creating jobs in a dynamic economy.
            (2) Regulations designed for application to large-scale
        entities have been applied uniformly to small businesses and
        other small entities, even though the problems sought to be
        solved by such regulations are not always caused by these small
        businesses and other small entities.
            (3) Uniform Federal regulatory and reporting requirements
        in many instances have imposed on small businesses and other
        small entities unnecessary and disproportionately burdensome
        demands, including legal, accounting, and consulting costs.
            (4) Since 1980, Federal agencies have been required to
        recognize and take account of the differences in the scale and
        resources of regulated entities, but have failed to do so.
            (5) Alternative regulatory approaches that do not conflict
        with the stated objectives of the statutes the regulations seek
        to implement may be available and may minimize the significant
        economic impact of regulations on small businesses and other
        small entities.
            (6) Federal agencies have failed to analyze and uncover
        less-costly alternative regulatory approaches, despite the fact
        that the chapter 6 of title 5, United States Code (commonly
        known as the Regulatory Flexibility Act), requires them to do
        so.
            (7) Federal agencies continue to interpret chapter 6 of
        title 5, United States Code, in a manner that permits them to
        avoid their analytical responsibilities.
            (8) The existing oversight of the compliance of Federal
        agencies with the analytical requirements to assess regulatory
        impacts on small businesses and other small entities and obtain
        input from the Chief Counsel for Advocacy has not sufficiently
        modified the Federal agency regulatory culture.
            (9) Significant changes are needed in the methods by which
        Federal agencies develop and analyze regulations, receive input
        from affected entities, and develop regulatory alternatives
        that will lessen the burden or maximize the benefits of final
        rules to small businesses and other small entities.
            (10) It is the intention of Congress to amend chapter 6 of
        title 5, United States Code, to ensure that all impacts,
        including foreseeable indirect effects, of proposed and final
        rules are considered by agencies during the rulemaking process
        and that the agencies assess a full range of alternatives that
        will limit adverse economic consequences or enhance economic
        benefits.
            (11) Federal agencies should be capable of assessing the
        impact of proposed and final rules without delaying the
        regulatory process or impinging on the ability of Federal
        agencies to fulfill their statutory mandates.

SEC. 3. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY
              FLEXIBILITY ACT.

    Section 601 of title 5, United States Code, is amended by adding at
the end the following:
            ``(9) Economic impact.--The term `economic impact' means,
        with respect to a proposed or final rule--
                    ``(A) any direct economic effect on small entities
                of such rule; and
                    ``(B) any indirect economic effect on small
                entities which is reasonably foreseeable and results
                from such rule (without regard to whether small
                entities will be directly regulated by the rule).''.

SEC. 4. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES.

    (a) Initial Regulatory Flexibility Analysis.--Section 603 of title
5, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Each initial regulatory flexibility analysis required under
this section shall contain a detailed statement--
            ``(1) describing the reasons why action by the agency is
        being considered;
            ``(2) describing the objectives of, and legal basis for,
        the proposed rule;
            ``(3) estimating the number and type of small entities to
        which the proposed rule will apply;
            ``(4) describing the projected reporting, recordkeeping,
        and other compliance requirements of the proposed rule,
        including an estimate of the classes of small entities which
        will be subject to the requirement and the type of professional
        skills necessary for preparation of the report and record;
            ``(5) describing all relevant Federal rules which may
        duplicate, overlap, or conflict with the proposed rule, or the
        reasons why such a description could not be provided; and
            ``(6) estimating the additional cumulative economic impact
        of the proposed rule on small entities beyond that already
        imposed on the class of small entities by the agency or why
        such an estimate is not available.''; and
            (2) by adding at the end the following:
    ``(d) An agency shall notify the Chief Counsel for Advocacy of the
Small Business Administration of any draft rules that may have a
significant economic impact on a substantial number of small entities
either--
            ``(1) when the agency submits a draft rule to the Office of
        Information and Regulatory Affairs at the Office of Management
        and Budget under Executive Order 12866, if that order requires
        such submission; or
            ``(2) if no submission to the Office of Information and
        Regulatory Affairs is so required, at a reasonable time prior
        to publication of the rule by the agency.''.
    (b) Final Regulatory Flexibility Analysis.--
            (1) In general.--Section 604(a) of title 5, United States
        Code, is amended--
                    (A) in paragraph (1), by striking ``succinct'';
                    (B) in paragraph (2), by striking ``summary'' each
                place it appears and inserting ``statement'';
                    (C) in paragraph (3), by--
                            (i) striking ``an explanation'' and
                        inserting ``a detailed explanation''; and
                            (ii) inserting ``detailed'' before
                        ``description'';
                    (D) in paragraph (4), by inserting ``detailed''
                before ``description''; and
                    (E) in paragraph (5), by inserting ``detailed''
                before ``description''.
            (2) Inclusion of response to comments on certification of
        proposed rule.--Section 604(a)(2) of title 5, United States
        Code, is amended by inserting ``(or certification of the
        proposed rule under section 605(b))'' after ``initial
        regulatory flexibility analysis''.
            (3) Inclusion of response to comments filed by chief
        counsel for advocacy.--Section 604(a) of title 5, United States
        Code, is amended by redesignating paragraphs (3), (4), and (5)
        as paragraphs (4), (5), and (6), respectively, and inserting
        after paragraph (2) the following:
            ``(3) the agency's response to any comments filed by the
        Chief Counsel for Advocacy of the Small Business Administration
        in response to the proposed rule, and a detailed statement of
        any changes made to the proposed rule in the final rule as a
        result of such comments;''.
            (4) Publication of analysis on web site, etc.--Section
        604(b) of title 5, United States Code, is amended to read as
        follows:
    ``(b) The agency shall make copies of the final regulatory
flexibility analysis available to the public, including placement of
the entire analysis on the agency's Web site, and shall publish in the
Federal Register the final regulatory flexibility analysis, or a
summary thereof that includes the telephone number, mailing address,
and link to the Web site where the complete analysis may be
obtained.''.
    (c) Cross-References to Other Analyses.--Section 605(a) of title 5,
United States Code, is amended to read as follows:
    ``(a) A Federal agency shall be treated as satisfying any
requirement regarding the content of an agenda or regulatory
flexibility analysis under section 602, 603, or 604, if such agency
provides in such agenda or analysis a cross-reference to the specific
portion of another agenda or analysis that is required by any other law
and which satisfies such requirement.''.
    (d) Certifications.--The second sentence of section 605(b) of title
5, United States Code, is amended--
            (1) by inserting ``detailed'' before ``statement''; and
            (2) by inserting ``and legal'' after ``factual''.
    (e) Quantification Requirements.--Section 607 of title 5, United
States Code, is amended to read as follows:
``Sec. 607. Quantification requirements
    ``In complying with sections 603 and 604, an agency shall provide--
            ``(1) a quantifiable or numerical description of the
        effects of the proposed or final rule and alternatives to the
        proposed or final rule; or
            ``(2) a more general descriptive statement and a detailed
        statement explaining why quantification is not practicable or
        reliable.''.

SEC. 5. PERIODIC REVIEW OF RULES.

    Section 610 of title 5, United States Code, is amended to read as
follows:
``Sec. 610. Periodic review of rules
    ``(a) Not later than 180 days after the enactment of the Regulatory
Flexibility Reform Act of 2005, each agency shall publish in the
Federal Register and place on its Web site a plan for the periodic
review of rules issued by the agency that the head of the agency
determines has a significant economic impact on a substantial number of
small entities. Such determination shall be made without regard to
whether the agency performed an analysis under section 604. The purpose
of the review shall be to determine whether such rules should be
continued without change, or should be amended or rescinded, consistent
with the stated objectives of applicable statutes, to minimize any
significant adverse economic impacts on a substantial number of small
entities. Such plan may be amended by the agency at any time by
publishing the revision in the Federal Register and subsequently
placing the amended plan on the agency's Web site.
    ``(b) The plan shall provide for the review of all such agency
rules existing on the date of the enactment of the Regulatory
Flexibility Reform Act of 2005 within 10 years after the date of
publication of the plan in the Federal Register and every 10 years
thereafter and for review of rules adopted after the date of enactment
of the Regulatory Flexibility Reform Act of 2005 within 10 years after
the publication of the final rule in the Federal Register and every 10
years thereafter. If the head of the agency determines that completion
of the review of existing rules is not feasible by the established
date, the head of the agency shall so certify in a statement published
in the Federal Register and may extend the review for not longer than 2
years after publication of notice of extension in the Federal Register.
Such certification and notice shall be sent to the Chief Counsel for
Advocacy and Congress.
    ``(c) Each agency shall annually submit a report regarding the
results of its review pursuant to such plan to Congress and, in the
case of agencies other than independent regulatory agencies (as defined
in section 3502(5) of title 44, United States Code), to the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget. Such report shall include the
identification of any rule with respect to which the head of the agency
made a determination of infeasibility under paragraph (5) or (6) of
subsection (d) and a detailed explanation of the reasons for such
determination.
    ``(d) In reviewing rules under such plan, the agency shall
consider--
            ``(1) the continued need for the rule;
            ``(2) the nature of complaints received by the agency from
        small entities concerning the rule;
            ``(3) comments by the Regulatory Enforcement Ombudsman and
        the Chief Counsel for Advocacy;
            ``(4) the complexity of the rule;
            ``(5) the extent to which the rule overlaps, duplicates, or
        conflicts with other Federal rules and, unless the head of the
        agency determines it to be infeasible, State and local rules;
            ``(6) the contribution of the rule to the cumulative
        economic impact of all Federal rules on the class of small
        entities affected by the rule, unless the head of the agency
        determines that such calculations cannot be made and reports
        that determination in the annual report required under
        subsection (c);
            ``(7) the length of time since the rule has been evaluated
        or the degree to which technology, economic conditions, or
        other factors have changed in the area affected by the rule;
        and
            ``(8) the current impact of the rule, including--
                    ``(A) the number of small entities to which the
                rule will apply; and
                    ``(B) the projected reporting, recordkeeping and
                other compliance requirements of the proposed rule,
                including--
                            ``(i) an estimate of the classes of small
                        entities that will be subject to the
                        requirement; and
                            ``(ii) the type of professional skills
                        necessary for preparation of the report or
                        record.
    ``(e) The agency shall publish in the Federal Register and on its
Web site a list of rules to be reviewed pursuant to such plan. Such
publication shall include a brief description of the rule, the reason
why the agency determined that it has a significant economic impact on
a substantial number of small entities (without regard to whether it
had prepared a final regulatory flexibility analysis for the rule), and
request comments from the public, the Chief Counsel for Advocacy, and
the Regulatory Enforcement Ombudsman concerning the enforcement of the
rule.''.

SEC. 6. CLERICAL AMENDMENTS.

    (a) In General.--Section 601 of title 5, United States Code, is
amended--
            (1) in paragraph (1)--
                    (A) by striking the semicolon at the end and
                inserting a period; and
                    (B) by striking ``(1) the term'' and inserting the
                following:
            ``(1) Agency.--The term'';
            (2) in paragraph (2)--
                    (A) by striking the semicolon at the end and
                inserting a period; and
                    (B) by striking ``(2) the term'' and inserting the
                following:
            ``(2) Rule.--The term'';
            (3) in paragraph (3)--
                    (A) by striking the semicolon at the end and
                inserting a period; and
                    (B) by striking ``(3) the term'' and inserting the
                following:
            ``(3) Small business.--The term'';
            (4) in paragraph (4)--
                    (A) by striking the semicolon at the end and
                inserting a period; and
                    (B) by striking ``(4) the term'' and inserting the
                following:
            ``(4) Small organizations.--The term'';
            (5) in paragraph (5)--
                    (A) by striking the semicolon at the end and
                inserting a period; and
                    (B) by striking ``(5) the term'' and inserting the
                following:
            ``(5) Small governmental jurisdiction.--The term'';
            (6) in paragraph (6)--
                    (A) by striking ``; and'' and inserting a period;
                and
                    (B) by striking ``(6) the term'' and inserting the
                following:
            ``(6) Small entity.--The term'';
            (7) in paragraph (7), by striking ``(7) the term'' and
        inserting the following:
            ``(7) Collection of information.--The term''; and
            (8) in the matter preceding paragraph (1), by striking
        ``chapter--'' and inserting ``chapter, the following
        definitions apply:''.
    (b) Heading.--The heading of section 605 of title 5, United States
Code, is amended to read as follows:
``Sec. 605. Incorporations by reference and certifications''.
    (c) Table of Sections.--The table of sections for chapter 6 of
title 5, United States Code, is amended--
            (1) by striking the item relating to section 605 and
        inserting the following:

``605. Incorporations by reference and certifications.'';
        and
            (2) by striking the item relating to section 607 and
        inserting the following:

``607. Quantification requirements.''.

Output:
Regulatory Flexibility Reform Act of 2005 - Revises the Regulatory Flexibility Act. Defines the "economic impact" of a rule to include any economic effects on small entities.

Requires initial regulatory flexibility analyses of a proposed rule to contain a detailed statement estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or explaining why such an estimate is not available. Requires an agency to notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either: (1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or (2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time before publication of the rule by the agency.

Requires that final regulatory flexibility analyses include the agency's response to any comments filed on a rule by the Chief Counsel and a detailed statement of any changes made as a result. Requires publication of analyses on agency websites.

Revises provisions requiring the publication by each agency of a plan for the periodic review of its rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Relief Improvement Act of
2001''.

SEC. 2. REDUCED CAPITAL GAINS RATE FOR INDIVIDUALS.

    (a) In General.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
    ``(h) Maximum Capital Gains Rate.--
            ``(1) In general.--If a taxpayer has a net capital gain for
        any taxable year, the tax imposed by this section for such
        taxable year shall not exceed the sum of--
                    ``(A) a tax computed at the rates and in the same
                manner as if this subsection had not been enacted on
                taxable income reduced by the net capital gain,
                    ``(B) 7.5 percent of so much of the taxpayer's net
                capital gain (or, if less, taxable income) as does not
                exceed the excess (if any) of--
                            ``(i) the amount of taxable income which
                        would (without regard to this paragraph) be
                        taxed at a rate of 15 percent or less, over
                            ``(ii) the amount on which tax is
                        determined under subparagraph (A), plus
                    ``(C) 15 percent of the taxpayer's net capital gain
                (or, if less, taxable income) in excess of the amount
                of capital gain on which tax is determined under
                subparagraph (B).
            ``(2) Net capital gain taken into account as investment
        income.--For purposes of this subsection, the net capital gain
        for any taxable year shall be reduced (but not below zero) by
        the amount which the taxpayer elects to take into account as
        investment income under section 163(d)(4)(B)(iii).''
    (b) Minimum Tax.--
            (1) In general.--Subparagraph (A) of section 55(b)(1) of
        such Code is amended by redesignating clauses (ii) and (iii) as
        clauses (iii) and (iv), respectively, and by inserting after
        clause (i) the following new clause:
                            ``(ii) Maximum rate of tax on net capital
                        gain.--The amount determined under the first
                        sentence of clause (i) shall not exceed the sum
                        of--
                                    ``(I) the amount determined under
                                such first sentence computed at the
                                rates and in the same manner as if this
                                clause had not been enacted on the
                                taxable excess reduced by the net
                                capital gain, plus
                                    ``(II) a tax of 15 percent of the
                                lesser of the net capital gain or the
                                taxable excess.''
            (2) Conforming amendment.--Clause (iii) of section
        55(a)(1)(A) of such Code (as redesignated by paragraph (1)) is
        amended by striking ``clause (i)'' and inserting ``this
        subparagraph''.
    (c) Conforming Amendments.--
            (1) Section 1202 of such Code (relating to 50-percent
        exclusion for gain from certain small business stock) is hereby
        repealed.
            (2)(A) Subsection (a) of section 57 of such Code is amended
        by striking paragraph (7).
            (B) Subclause (II) of section 53(d)(1)(B)(ii) of such Code
        is amended by striking ``, (5), and (7)'' and inserting ``and
        (5)''.
            (3) Paragraph (1) of section 170(e) of such Code is amended
        by striking ``the amount of gain'' in the material following
        subparagraph (B)(ii) and inserting ``50 percent (80 percent in
        the case of a corporation) of the amount of gain''.
            (4) Paragraph (2) of section 172(d) of such Code is amended
        to read as follows:
            ``(2) Capital gains and losses of taxpayers other than
        corporations.--In the case of a taxpayer other than a
corporation, the amount deductible on account of losses from sales or
exchanges of capital assets shall not exceed the amount includible on
account of gains from sales or exchanges of capital assets.''
            (5) Paragraph (4) of section 642(c) of such Code is amended
        by striking the first sentence.
            (6) Paragraph (3) of section 643(a) of such Code is amended
        by striking the last sentence.
            (7) Paragraph (4) of section 691(c) of such Code is amended
        by striking ``1202,''.
            (8) The second sentence of section 871(a)(2) of such Code
        is amended by striking ``such gains and losses shall be
        determined without regard to section 1202 and''.
            (9) Subsection (a) of section 1044 of such Code is amended
        by striking the last sentence.
            (10) Paragraph (1) of section 1445(e) of such Code is
        amended by striking ``28 percent'' and inserting ``15
        percent''.
            (11) Section 6652 of such Code is amended by striking
        subsection (k) and by redesignating subsections (l) and (m) as
        subsections (k) and (l), respectively.
            (12)(A) The second sentence of section 7518(g)(6)(A) of
        such Code is amended by striking ``28 percent'' and inserting
        ``15 percent''.
            (B) The second sentence of section 607(h)(6)(A) of the
        Merchant Marine Act, 1936 is amended by striking ``28 percent''
        and inserting ``15 percent''.
            (13) The table of sections for part I of subchapter P of
        chapter 1 of such Code is amended by striking the item relating
        to section 1202.
    (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, 2001.
            (2) Withholding.--The amendment made by subsection (c)(10)
        shall apply to amounts paid after December 31, 2001.

SEC. 3. REPEAL OF SUNSETS OF ECONOMIC GROWTH AND TAX RELIEF
              RECONCILIATION ACT OF 2001.

    (a) In General.--Title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (Public Law 107-16) is hereby repealed.
    (b) Deduction for Higher Education Expenses Made Permanent.--
            (1) In general.--Section 222 of the Internal Revenue Code
        of 1986 is amended by striking subsection (e).
            (2) Conforming amendment.--Subparagraph (B) of section
        222(b)(2) of such Code is amended--
                    (A) by striking ``or 2005'' and inserting ``or
                thereafter'', and
                    (B) by striking ``and 2005'' in the heading and
                inserting ``and thereafter''.
    (c) Nonrefundable Credit to Certain Individuals for Elective
Deferrals and IRA Contributions Made Permanent.--Section 25B of such
Code is amended by striking subsection (g).
    (d) Increase in Alternative Minimum Tax Exemption Made Permanent.--
            (1) Subparagraph (A) of section 55(d)(1) of such Code
        (relating to exemption amount for taxpayers other than
        corporations) is amended by striking ``$45,000 ($49,000 in the
        case of taxable years beginning in 2001, 2002, 2003, and
        2004)'' and inserting ``$49,000''.
            (2) Subparagraph (B) of section 55(d)(1) of such Code
        (relating to exemption amount for taxpayers other than
        corporations) is amended by striking ``$33,750 ($35,750 in the
        case of taxable years beginning in 2001, 2002, 2003, and
        2004)'' and inserting ``$35,750''.
    (e) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Economic Growth and Tax
Relief Reconciliation Act of 2001 to which they relate.

Output: Tax Relief Improvement Act of 2001 - Amends the Internal Revenue Code (IRC) to reduce individual capital gains tax rates.Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to repeal title IX (Compliance with Congressional Budget Act).Makes permanent IRC provisions relating to: (1) the deduction for higher education expenses; (2) the nonrefundable credit to certain individuals for elective deferrals and IRA contributions; and (3) the increase in the alternative minimum tax exemption.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arabia Mountain National Heritage
Area Act of 2001''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Arabia Mountain area contains a variety of natural,
        cultural, historical, scenic, and recreational resources that
        together represent distinctive aspects of the heritage of the
        United States that are worthy of recognition, conservation,
        interpretation, and continuing use.
            (2) The best methods for managing the resources of the
        Arabia Mountain area would be through partnerships between
        public and private entities that combine diverse resources and
        active communities.
            (3) Davidson-Arabia Mountain Nature Preserve, a 535-acre
        park in DeKalb County, Georgia--
                    (A) protects granite outcrop ecosystems, wetland,
                and pine and oak forests; and
                    (B) includes federally-protected plant species.
            (4) Panola Mountain, a national natural landmark, located
        in the 860-acre Panola Mountain State Conservation Park, is a
        rare example of a pristine granite outcrop.
            (5) The archeological site at Miners Creek Preserve along
        the South River contains documented evidence of early human
        activity.
            (6) The city of Lithonia, Georgia, and related sites of
        Arabia Mountain and Stone Mountain possess sites that display
        the history of granite mining as an industry and culture in
        Georgia, and the impact of that industry on the United States.
            (7) The community of Klondike is eligible for designation
        as a National Historic District.
            (8) The city of Lithonia has 2 structures listed on the
        National Register of Historic Places.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To recognize, preserve, promote, interpret, and make
        available for the benefit of the public the natural, cultural,
        historical, scenic, and recreational resources in the area that
        includes Arabia Mountain, Panola Mountain, Miners Creek, and
        other significant sites and communities.
            (2) To assist the State of Georgia and the counties of
        DeKalb, Rockdale, and Henry in the State in developing and
        implementing an integrated cultural, historical, and land
        resource management program to protect, enhance, and interpret
        the significant resources within the heritage area.

 SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``heritage area'' means the
        Arabia Mountain National Heritage Area established by section
        4.
            (2) Management entity.--The term ``management entity''
        means the Arabia Mountain Heritage Area Alliance or a successor
        of the Arabia Mountain Heritage Area Alliance.
            (3) Management plan.--The term ``management plan'' means
        the management plan for the heritage area developed under
        section 6.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (5) State.--The term ``State'' means the State of Georgia.

 SEC. 4. ARABIA MOUNTAIN NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Arabia Mountain
National Heritage Area in the State.
    (b) Boundaries.--The heritage area shall consist of certain parcels
of land in the counties of DeKalb, Rockdale, and Henry in the State, as
generally depicted on the map entitled ``The Preferred Concept''
contained in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
    (c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
    (d) Management Entity.--The Arabia Mountain Heritage Area Alliance
shall be the management entity for the heritage area.

 SEC. 5. AUTHORITIES AND DUTIES OF THE MANAGEMENT ENTITY.

    (a) Authorities.--For purposes of developing and implementing the
management plan, the management entity may--
            (1) make grants to, and enter into cooperative agreements
        with, the State, political subdivisions of the State, and
        private organizations;
            (2) hire and compensate staff; and
            (3) enter into contracts for goods and services.
    (b) Duties.--
            (1) Management plan.--
                    (A) In general.--The management entity shall
                develop and submit to the Secretary the management
                plan.
                    (B) Considerations.--In developing and implementing
                the management plan, the management entity shall
                consider the interests of diverse governmental,
                business, and nonprofit groups within the heritage
                area.
            (2) Priorities.--The management entity shall give priority
        to implementing actions described in the management plan,
        including the following:
                    (A) Assisting units of government and nonprofit
                organizations in preserving resources within the
                heritage area.
                    (B) Encouraging local governments to adopt land use
                policies consistent with the management of the heritage
                area and the goals of the management plan.
            (3) Public meetings.--The management entity shall conduct
        public meetings at least quarterly on the implementation of the
        management plan.
            (4) Annual report.--For any year in which Federal funds
        have been made available under this Act, the management entity
        shall submit to the Secretary an annual report that describes--
                    (A) the accomplishments of the management entity;
                and
                    (B) the expenses and income of the management
                entity.
            (5) Audit.--The management entity shall--
                    (A) make available to the Secretary for audit all
                records relating to the expenditure of Federal funds
                and any matching funds; and
                    (B) require, with respect to all agreements
                authorizing expenditure of Federal funds by other
                organizations, that the receiving organizations make
                available to the Secretary for audit all records
                concerning the expenditure of those funds.
    (c) Use of Federal Funds.--
            (1) In general.--The management entity shall not use
        Federal funds made available under this Act to acquire real
        property or an interest in real property.
            (2) Other sources.--Nothing in this Act precludes the
        management entity from using Federal funds made available under
        other Federal laws for any purpose for which the funds are
        authorized to be used.

 SEC. 6. MANAGEMENT PLAN.

    (a) In General.--The management entity shall develop a management
plan for the heritage area that incorporates an integrated and
cooperative approach to protect, interpret, and enhance the natural,
cultural, historical, scenic, and recreational resources of the
heritage area.
    (b) Basis.--The management plan shall be based on the preferred
concept in the document entitled ``Arabia Mountain National Heritage
Area Feasibility Study'', dated February 28, 2001.
    (c) Consideration of Other Plans and Actions.--The management plan
shall--
            (1) take into consideration State and local plans; and
            (2) involve residents, public agencies, and private
        organizations in the heritage area.
    (d) Requirements.--The management plan shall include the following:
            (1) An inventory of the resources in the heritage area,
        including the following:
                    (A) A list of property in the heritage area that--
                            (i) relates to the purposes of the heritage
                        area; and
                            (ii) should be preserved, restored,
                        managed, or maintained because of the
                        significance of the property.
                    (B) An assessment of cultural landscapes within the
                heritage area.
            (2) Provisions for the protection, interpretation, and
        enjoyment of the resources of the heritage area consistent with
        the purposes of this Act.
            (3) An interpretation plan for the heritage area.
            (4) A program for implementation of the management plan
        that includes the following:
                    (A) Actions to be carried out by units of
                government, private organizations, and public-private
                partnerships to protect the resources of the heritage
                area.
                    (B) The identification of existing and potential
                sources of funding for implementing the plan.
            (5) A description and evaluation of the management entity,
        including the membership and organizational structure of the
        management entity.
    (e) Submission to Secretary for Approval.--
            (1) In general.--Not later than 3 years after the date of
        enactment of this Act, the management entity shall submit the
        management plan to the Secretary for approval.
            (2) Effect of failure to submit.--If a management plan is
        not submitted to the Secretary by the date specified in
        paragraph (1), the Secretary shall not provide any additional
        funding under this Act until such date as a management plan for
        the heritage area is submitted to the Secretary.
    (f) Approval and Disapproval of Management Plan.--
            (1) In general.--Not later than 90 days after receiving the
        management plan submitted under subsection (e), the Secretary,
        in consultation with the State, shall approve or disapprove the
        management plan.
            (2) Action following disapproval.--
                    (A) Revision.--If the Secretary disapproves a
                management plan submitted under paragraph (1), the
                Secretary shall--
                            (i) advise the management entity in writing
                        of the reasons for the disapproval;
                            (ii) make recommendations for revisions to
                        the management plan; and
                            (iii) allow the management entity to submit
                        to the Secretary revisions to the management
                        plan.
                    (B) Deadline for approval of revision.--Not later
                than 90 days after the date on which a revision is
                submitted under subparagraph (A)(iii), the Secretary
                shall approve or disapprove the revision.
    (g) Revision of Management Plan.--
            (1) In general.--After approval by the Secretary of a
        management plan, the management entity shall periodically--
                    (A) review the management plan; and
                    (B) submit to the Secretary, for review and
                approval by the Secretary, the recommendations of the
                management entity for any revisions to the management
                plan that the management entity considers to be
                appropriate.
            (2) Expenditure of funds.--No funds made available under
        this Act shall be used to implement any revision proposed by
        the management entity under paragraph (1)(B) until the
        Secretary approves the revision.

 SEC. 7. TECHNICAL AND FINANCIAL ASSISTANCE.

    (a) In General.--At the request of the management entity, the
Secretary may provide technical and financial assistance to the
heritage area to develop and implement the management plan.
    (b) Priority.--In providing assistance under subsection (a), the
Secretary shall give priority to actions that facilitate the following:
            (1) The conservation of the significant natural, cultural,
        historical, scenic, and recreational resources that support the
        purposes of the heritage area.
            (2) The provision of educational, interpretive, and
        recreational opportunities that are consistent with the
        resources and associated values of the heritage area.

 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.-- There is authorized to be appropriated to carry
out this Act $10,000,000, to remain available until expended, of which
not more than $1,000,000 may be used in any fiscal year.
    (b) Federal Share.--The Federal share of the cost of any project or
activity carried out using funds made available under this Act shall
not exceed 50 percent.

 SEC. 9. TERMINATION OF AUTHORITY.

    The authority of the Secretary to make any grant or provide any
assistance under this Act terminates on September 30, 2016.

Output: Arabia Mountain National Heritage Area Act of 2001 - Establishes the Arabia Mountain National Heritage Area in Georgia.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advanced Composites Development Act
of 2011''.

SEC. 2. ADVANCED COMPOSITES DEVELOPMENT CENTERS.

    (a) Establishment of Program.--
            (1) In general.--The Secretary of Transportation, the
        Secretary of Energy, the Secretary of Defense, and the
        Secretary of Homeland Security shall carry out a program to
        improve our Nation's transportation infrastructure, advance the
        technologies used to produce alternative energy, enhance our
        military security, and develop new disaster mitigation systems
        by making grants to consortia to establish and operate Advanced
        Composites Development Centers. In doing so, they shall work
        with stakeholders to identify problems that can be solved over
        a period of 5 years through the development of an advanced
        composite material. By working with the private sector and
        focusing on solutions to problems that can be researched,
        developed, and demonstrated over a short period of time, each
        Center will strive to produce new composite materials that are
        lighter, stronger, and more durable than existing materials and
        have an immediate practical application.
            (2) Designation of centers.--The Centers shall be
        designated as follows:
                    (A) The Secretary of Transportation shall designate
                1 Center for the development of advanced composites in
                civil infrastructure and transportation.
                    (B) The Secretary of Energy shall designate 1
                Center for the development of advanced composites in
                energy technology.
                    (C) The Secretary of Defense shall designate 1
                Center for the development of advanced composites in
                military operations.
                    (D) The Secretary of Homeland Security shall
                designate 1 Center for the development of advanced
                composites in disaster prevention and response.
                    (E) Any 2 or more of the Secretaries described in
                subparagraphs (A) through (D) may work together to
                explore opportunities to designate a single Center that
                addresses issues of importance to the Departments of
                each such Secretary.
            (3) Additional collaboration.--Each Secretary designating a
        Center under paragraph (2) may include reviewers from the
        Director of the National Institute of Standards and Technology
        and the Director of the National Science Foundation to leverage
        work that has been done at facilities supported by each of
        those agencies.
    (b) Consortia.--
            (1) Eligibility.--To be eligible to receive a grant under
        this section for the establishment and operation of a Center, a
        consortium shall--
                    (A) be composed of qualifying entities, including
                at least 1 prime applicant and 1 private company;
                    (B) operate subject to a binding agreement entered
                into by its members that documents--
                            (i) the proposed partnership agreement,
                        including the governance and management
                        structure of the Center;
                            (ii) measures to enable cost-effective
                        implementation of the program under this
                        section;
                            (iii) a proposed budget, including
                        financial contributions from non-Federal
                        sources;
                            (iv) conflict of interest procedures
                        consistent with subsection (d)(2), all known
                        material conflicts of interest, and
                        corresponding mitigation plans; and
                            (v) an accounting structure that enables
                        the Secretary to ensure that the consortium has
                        complied with the requirements of this section;
                        and
                    (C) operate as a nonprofit organization.
            (2) Application.--A consortium seeking to establish and
        operate a Center under this section, acting through a prime
        applicant, shall transmit to the Secretary an application at
        such time, in such form, and accompanied by such information as
        the Secretary shall require, including a detailed description
        of the elements of the consortium agreement required under
        paragraph (1)(B). If the consortium members will not be located
        at one centralized location, such application shall include a
        communications plan that ensures close coordination and
        integration of the Center's activities.
    (c) Selection and Schedule.--
            (1) Selection.--The Secretary shall select consortia for
        grants for the establishment and operation of Centers through
        competitive selection processes. In selecting consortia, the
        Secretary shall consider--
                    (A) the information a consortium must disclose
                according to subsection (b);
                    (B) any existing facilities a consortium will
                provide for Center activities;
                    (C) experience in design, prototyping, and testing
                advanced composites;
                    (D) existing ISO 17025 certification;
                    (E) experience and achievements working with the
                private sector and commercializing composite materials
                technologies; and
                    (F) opportunities to leverage previous support that
                a member of the consortium has received from the
                Department or Departments awarding the grant, the
                National Institute of Standards and Technology, or the
                National Science Foundation to research, develop,
                demonstrate, or commercialize an advanced composite.
            (2) Schedule.--Grants made for the establishment and
        operation of a Center shall be for a period not to exceed 5
        years, after which the grant may be renewed, subject to a
        competitive selection process.
    (d) Center Operations.--
            (1) In general.--Centers shall conduct or provide for
        multidisciplinary, collaborative research, development,
        demonstration, and commercial application of advanced
        composites technologies within the technology development focus
        area or areas designated for the Center by the Secretary under
        subsection (a)(2). Each Center shall--
                    (A) encourage collaboration and communication among
                the member qualifying entities of the consortium and
                awardees by conducting activities whenever practicable
                at one centralized location;
                    (B) develop and publish on the website of the
                Department or Departments of the designating Secretary
                proposed plans and programs;
                    (C) submit an annual report to the Secretary
                summarizing the Center's activities, including
                detailing organizational expenditures and describing
                each project undertaken by the Center; and
                    (D) monitor project implementation and
                coordination.
            (2) Conflicts of interest.--
                    (A) Procedures.--Centers shall establish conflict
                of interest procedures, consistent with those of the
                Department or Departments of the designating Secretary,
                to ensure that employees and consortia designees for
                Center activities who are in decisionmaking capacities
                disclose all material conflicts of interest, including
                financial, organizational, and personal conflicts of
                interest.
                    (B) Disqualification and revocation.--The Secretary
                may disqualify an application or revoke funds
                distributed to a Center if the Secretary discovers a
                failure to comply with conflict of interest procedures
                established under subparagraph (A).
    (e) Oversight Board.--Each Secretary described in subsection (a)(1)
shall establish and maintain within its Department an Oversight Board
to oversee the progress of Centers.
    (f) Priority Consideration.--The Secretary shall give priority
consideration to applications in which 1 or more of the institutions
comprising the applicant consortium are 1890 Land Grant Institutions
(as defined in section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7061)), Predominantly Black
Institutions (as defined in section 318 of the Higher Education Act of
1965 (20 U.S.C. 1059e)), Tribal Colleges or Universities (as defined in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)), or Hispanic Serving Institutions (as defined in section 318
of the Higher Education Act of 1965 (20 U.S.C. 1059e)).
    (g) Definitions.--For purposes of this section:
            (1) Advanced composites.--The term ``advanced composites''
        means polymer matrix composite materials, including synthetic
        and natural fibers, as well as synthetic and bio-based resins,
        used in structural, load-bearing applications. These materials
        may be enhanced with nano-additives, and may be used in
        combination with traditional and other advanced materials.
            (2) Center.--The term ``Center'' means an Advanced
        Composites Development Center established in accordance with
        this section.
            (3) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given that
        term in section 101(a) of the Higher Education Act of 1965 (20
        U.S.C. 1001(a)).
            (4) Prime applicant.--The term ``prime applicant'' means an
        institution of higher education serving as the lead entity
        applying for a grant under this section.
            (5) Qualifying entity.--The term ``qualifying entity''
        includes--
                    (A) an appropriate State or Federal entity;
                    (B) a nonprofit nongovernmental organization with
                expertise in advanced composites technology research,
                development, demonstration, or commercial application;
                    (C) any other relevant entity the Secretary
                considers appropriate; or
                    (D) a United States private company with expertise
                in advanced composites technology research,
                development, demonstration, or commercial application.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        or Secretaries designating a Center under subsection (a)(2).
    (h) Authorization of Appropriations.--There are authorized to be
appropriated to each of the Secretaries described in subsection (a)(1)
to carry out this section--
            (1) $15,000,000 for fiscal year 2012;
            (2) $16,000,000 for fiscal year 2013;
            (3) $17,500,000 for fiscal year 2014;
            (4) $19,000,000 for fiscal year 2015; and
            (5) $20,000,000 for fiscal year 2016.

Output:
Advanced Composites Development Act of 2011 - Directs the Secretaries of Transportation (DOT), Energy (DOE), Defense (DOD), and Homeland Security (DHS), to carry out a program to improve the nation's transportation infrastructure, advance the technologies used to produce alternative energy, enhance our military security, and develop new disaster mitigation systems by making grants to consortia for the establishment and operation of Advanced Composites Development Centers.

Instructs the Secretaries to work with stakeholders to identify problems that can be solved over a period of five years through the development of an advanced composite material.

Requires such Centers, by working with the private sector, to strive to produce new composite materials that are lighter, stronger, and more durable than existing materials and that have an immediate practical application.