Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Winter Readiness Act of 2005''.

SEC. 2. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND
              PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO
              SUCH PROPERTY FROM 2005 HURRICANES.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section
179D the following new section:

``SEC. 179E. TEMPORARY EXPENSING OF OIL AND NATURAL GAS EXPLORATION AND
              PRODUCTION PROPERTY AND OF COSTS TO REPAIR DAMAGES TO
              SUCH PROPERTY FROM 2005 HURRICANES.

    ``(a) Treatment as Expenses.--At the election of the taxpayer,
there shall be allowed as a deduction an amount equal to the cost paid
or incurred by the taxpayer during the taxable year--
            ``(1) for qualified oil and gas production property, and
            ``(2) for repairs to property described in subsection
        (b)(1)(B) on account of hurricane-related damage arising from
        any Presidentially declared disaster (as defined in section
        1033(h)(3)(A)) during 2005.
The deduction under paragraph (1) with respect to any property shall be
allowed for the taxable year in which such property is placed in
service.
    ``(b) Qualified Oil and Gas Production Property.--For purposes of
this section--
            ``(1) In general.--The term `qualified oil and gas
        production property' means any property--
                    ``(A) the original use of which begins with the
                taxpayer, and
                    ``(B) which is described in any of the following
                assets classes under Revenue Procedure 87-56:
                            ``(i) 13.0 (relating to assets used in
                        offshore drilling for oil and gas).
                            ``(ii) 13.1 (relating to drilling of oil
                        and gas wells).
                            ``(iii) 13.2 (relating to exploration for
                        and production of petroleum and natural gas
                        deposits).
            ``(2) Application of section.--This section shall apply to
        any property only if--
                    ``(A)(i) no written binding contract for the
                construction of such property was in effect on or
                before [date of introduction], or
                    ``(ii) in the case of self-constructed property,
                the construction of such property did not commence on
                or before such date, and
                    ``(B) such property is placed in service before
                January 1, 2009.
            ``(3) Special rule for sale-leasebacks.--For purposes of
        paragraph (1)(A), if property is--
                    ``(A) originally placed in service after the date
                of the enactment of this section by a person, and
                    ``(B) sold and leased back by such person within 3
                months after the date such property was originally
                placed in service,
        such property shall be treated as originally placed in service
        not earlier than the date on which such property is used under
        the leaseback referred to in subparagraph (B).
    ``(c) Basis Reduction.--
            ``(1) In general.--For purposes of this title, the basis of
        any property shall be reduced by the portion of the cost of
        such property taken into account under subsection (a).
            ``(2) Ordinary income recapture.--For purposes of section
        1245, the amount of the deduction allowable under subsection
        (a) with respect to any property which is of a character
        subject to the allowance for depreciation shall be treated as a
        deduction allowed for depreciation under section 167.
    ``(d) Election.--
            ``(1) In general.--An election under this section for any
        taxable year shall be made on the taxpayer's return of the tax
        imposed by this chapter for the taxable year.
            ``(2) Election irrevocable.--Any election made under this
        section may not be revoked except with the consent of the
        Secretary.
    ``(e) Election to Allocate Deduction to Cooperative Owner.--A rule
similar to the rule of section 179C(g) shall apply for purposes of this
section.''.
    (b) Conforming Amendments.--
            (1) Section 263(a)(1) of such Code is amended by striking
        ``or'' at the end of subparagraph (J), by striking the period
        at the end of subparagraph (K) and inserting ``, or'', and by
        inserting after subparagraph (K) the following new
        subparagraph:
                    ``(L) expenditures for which a deduction is allowed
                under section 179E.''.
            (2) Section 263A(c)(3)(B) of such Code is amended by
        inserting ``179E,'' after ``179B,''.
            (3) Section 312(k)(3)(B) of such Code is amended by
        striking ``or 179D'' each place it appears in the heading and
        text and inserting ``179D, or 179E''.
            (4) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (36), by striking the period at
        the end of paragraph (37) and inserting ``, or'', and by adding
        at the end the following new paragraph:
            ``(38) to the extent provided in section 179E(c).''.
            (5) Section 1245(a) of such Code is amended by inserting
        ``179E,'' after ``179D,'' both places it appears in paragraphs
        (2)(C) and (3)(C).
            (6) The table of sections for part VI of subchapter B of
        chapter 1 of such Code is amended by inserting after the item
        relating to section 179C the following new item:

``Sec. 179E. Temporary expensing of oil and natural gas exploration and
                            production property and of costs to repair
                            damages to such property from 2005
                            hurricanes.''.
    (c) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act in taxable years ending after such date.

SEC. 3. 10-YEAR CARRYBACK OF NET OPERATING LOSSES FROM 2005 HURRICANE-
              DAMAGED OIL AND GAS FACILITIES.

    (a) In General.--Paragraph (1) of section 172(b) of the Internal
Revenue Code of 1986 (relating to net operating loss deduction) is
amended by adding at the end the following new subparagraph:
                    ``(J) 2005 losses from hurricane-damaged oil and
                gas facilities.--In the case of a taxpayer which has a
                2005 hurricane-damaged oil and gas facility loss (as
                defined in subsection (j)) for a taxable year, such
                loss shall be a net operating loss carryback to each of
                the 10 taxable years preceding the taxable year of such
                loss.''.
    (b) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--Section 172
of such Code is amended by redesignating subsections (j) and (k) as
subsections (k) and (l), respectively, and by inserting after
subsection (i) the following new subsection:
    ``(j) 2005 Hurricane-Damaged Oil and Gas Facility Loss.--For
purposes of this section--
            ``(1) In general.--The term `2005 hurricane-damaged oil and
        gas facility loss' means the lesser of--
                    ``(A) the amount of the net operating loss for such
                taxable year, or
                    ``(B) the sum of--
                            ``(i) the amount of the loss allowed by
                        section 165 for the taxable year for any loss
                        sustained by reason of hurricane-related
                        damage--
                                    ``(I) arising from any
                                Presidentially declared disaster (as
                                defined in section 1033(h)(3)(A))
                                during 2005, and
                                    ``(II) to any property of the
                                taxpayer which is described in section
                                179E(b)(1)(B), and
                            ``(ii) the deduction allowed by section
                        179E(a)(2) for the taxable year.
            ``(2) Coordination with subsection (b)(2).--For purposes of
        applying subsection (b)(2), a 2005 hurricane-damaged oil and
        gas facility loss for any taxable year shall be treated in a
        manner similar to the manner in which a specified liability
        loss is treated.
            ``(3) Election.--Any taxpayer entitled to a 10-year
        carryback under subsection (b)(1)(J) from any loss year may
        elect to have the carryback period with respect to such loss
        year determined without regard to subsection (b)(1)(J). Such
        election shall be made in such manner as may be prescribed by
        the Secretary and shall be made by the due date (including
        extensions of time) for filing the taxpayer's return for the
        taxable year of the net operating loss. Such election, once
        made for any taxable year, shall be irrevocable for such
        taxable year.''.
    (c) Effective Date.--The amendments made by this section shall
apply to net operating losses for taxable years ending after the date
of the enactment of this Act.

Output:
Winter Readiness Act of 2005 - Amends the Internal Revenue Code to allow a taxpayer election to expense (i.e., deduct in the current taxable year) all costs for qualified oil and gas production property placed in service before January 1, 2009, and for repairs to such property for hurricane-related damage. Defines "qualified oil and gas production property" to include assets used in offshore drilling for oil and gas, and for exploration and production of petroleum and natural gas deposits.

Allows a 10-year carryback of net operating losses incurred in 2005 for hurricane-damaged oil and gas facilities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farm Relief Act of 2008''.

SEC. 2. 2008 CROP DISASTER ASSISTANCE.

    Section 9001 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28; 121 Stat. 211) is amended--
            (1) in subsection (a)--
                    (A) by striking ``There are hereby'' and inserting
                the following:
            ``(1) In general.--There are hereby''; and
                    (B) by adding at the end the following:
            ``(2) 2008 crop disaster assistance.--
                    ``(A) In general.--There are hereby appropriated to
                the Secretary such sums as are necessary, to remain
                available until expended, to make emergency financial
                assistance under this section available to producers on
                a farm that incurred qualifying quantity or quality
                losses for the 2008 crop due a natural disaster or any
                related condition, as determined by the Secretary.
                    ``(B) Sugar and sugarcane disaster assistance.--
                            ``(i) Florida.--There are hereby
                        appropriated to the Secretary such sums as are
                        necessary, to remain available until expended,
                        to make payments to processors in Florida that
                        are eligible to obtain a loan under section
                        156(a) of the Federal Agriculture Improvement
                        and Reform Act of 1996 (7 U.S.C. 7272(a)) to
                        compensate first processors and producers for
                        crop and other losses due a natural disaster or
                        any related condition, as determined by the
                        Secretary, in Florida during calendar year
                        2008, by an agreement on the same terms and
                        conditions, to the maximum extent practicable,
                        as the payments made under section 102 of the
                        Emergency Supplemental Appropriations for
                        Hurricane Disasters Assistance Act of 2005
                        (Public Law 108-324; 118 Stat. 1235), including
                        that the 2008 base production of each
                        harvesting unit shall be determined using the
                        same base year crop production history that was
                        used pursuant to the agreement under that
                        section.
                            ``(ii) Louisiana.--
                                    ``(I) Compensation for losses.--
                                There are hereby appropriated to the
                                Secretary such sums as are necessary,
                                to remain available until expended, to
                                make assistance available to first
                                processors of sugarcane that operate in
                                a county affected by a natural
                                disaster, or obtain sugarcane from a
                                county affected by a natural disaster,
                                in Louisiana and that are eligible to
                                obtain a loan under section 156(a) of
                                the Federal Agriculture Improvement and
                                Reform Act of 1996 (7 U.S.C. 7272(a)),
                                in the form of monetary payments or
                                commodities in the inventory of the
                                Commodity Credit Corporation derived
                                from carrying out that section, to
                                compensate producers and first
                                processors for crop and other losses
                                due to the natural disaster or any
                                related condition, as determined by the
                                Secretary.
                                    ``(II) Administration.--Assistance
                                under this clause shall be--
                                            ``(aa) shared by an
                                        affected first processor with
                                        affected producers that provide
                                        commodities to the processor in
                                        a manner that reflects
                                        contracts entered into between
                                        the processor and the
                                        producers, except with respect
                                        to a portion of the amount of
                                        total assistance provided under
                                        subclause (I) necessary to
                                        compensate affected producers
                                        for individual losses
                                        experienced by the producers,
                                        including losses due to
                                        saltwater intrusion, flooding,
                                        wind damage, or increased
                                        planting, replanting, or
                                        harvesting costs, which shall
                                        be transferred by the first
                                        processor to the affected
                                        producers without regard to
                                        contractual share arrangements;
                                        and
                                            ``(bb) made available under
                                        such terms and conditions as
                                        the Secretary determines are
                                        necessary to carry out this
                                        clause.
                                    ``(III) Form of assistance.--In
                                carrying out this clause, the Secretary
                                shall--
                                            ``(aa) convey to the first
                                        processor commodities in the
                                        inventory of the Commodity
                                        Credit Corporation derived from
                                        carrying out section 156(a) of
                                        the Federal Agriculture
                                        Improvement and Reform Act of
                                        1996 (7 U.S.C. 7272(a));
                                            ``(bb) make monetary
                                        payments to the first
                                        processor; or
                                            ``(cc) take any combination
                                        of actions described in items
                                        (aa) and (bb), using
                                        commodities or monetary
                                        payments.
                                    ``(IV) Loss determination.--In
                                carrying out this clause, the Secretary
                                shall use the same base year to
                                determine crop loss that was elected by
                                a producer to determine crop loss in
                                carrying out the hurricane assistance
                                program under section 207 of the
                                Agricultural Assistance Act of 2003
                                (Public Law 108-7; 117 Stat. 543).
                            ``(iii) Texas.--There are hereby
                        appropriated to the Secretary such sums as are
                        necessary, to remain available until expended,
                        to assist sugarcane growers in Texas by making
                        a payment in that amount to a farmer-owned
                        cooperative sugarcane processor in that State,
                        for costs of demurrage, storage, and
                        transportation resulting from natural disaster
                        or any related condition during calendar year
                        2008.
                    ``(C) Relation to supplemental agricultural
                disaster assistance program.--A producer on a farm that
                accepts assistance made available under this paragraph
                for a crop loss is not eligible to receive supplemental
                agricultural disaster assistance for that crop loss
                under subtitle B of the Federal Crop Insurance Act (7
                U.S.C. 1531) or title IX of the Trade Act of 1974 (19
                U.S.C. 2497 et seq.).''; and
            (2) in subsection (b), by striking ``this section'' each
        place it appears and inserting ``subsection (a)(1)''.

SEC. 3. AQUACULTURE GRANTS.

    (a) Definition of Eligible Applicant.--In this section, the term
``eligible applicant'' means a producer of animals described in section
10806(a)(1) of the Farm Security and Rural Investment Act of 2002 (21
U.S.C. 321d(a)(1)) during the 2008 calendar year.
    (b) Aquaculture Grants.--Of the funds of the Commodity Credit
Corporation, the Secretary of Agriculture shall use $50,000,000 to
provide grants to appropriate State departments of agriculture (or
other appropriate State agencies) that agree to provide assistance to
eligible applicants through animal feed providers that agree to make
the assistance available on a pro rata basis to eligible applicants
based on documented feed use by the eligible applicants during the 2008
calendar year to help offset feed costs or economic losses caused by
natural disasters.
    (c) Duty of Secretary.--The Secretary shall ensure that--
            (1) funds made available under subsection (b) are
        apportioned in an equitable manner among the States that
        receive funds under this section; and
            (2) assistance is made available based only on documented
        feed use.
    (d) Regulations.--
            (1) In general.--The Secretary of Agriculture may
        promulgate such regulations as are necessary to implement this
        section.
            (2) Procedure.--The promulgation of the regulations and
        administration of this section shall be made without regard
        to--
                    (A) the notice and comment provisions of section
                553 of title 5, United States Code;
                    (B) the Statement of Policy of the Secretary of
                Agriculture effective July 24, 1971 (36 Fed. Reg.
                13804), relating to notices of proposed rulemaking and
                public participation in rulemaking; and
                    (C) chapter 35 of title 44, United States Code
                (commonly known as the ``Paperwork Reduction Act'').
            (3) Congressional review of agency rulemaking.--In carrying
        out this subsection, the Secretary shall use the authority
        provided under section 808 of title 5, United States Code.

Output:
Farm Relief Act of 2008 - Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 to appropriate funds for: (1) emergency financial assistance to producers on a farm that incurred qualifying natural disaster-caused quantity or quality losses for the 2008 crop; (2) certain processors in Florida for natural disaster-caused crop and other losses in 2008; (3) certain first processors of sugarcane that operate in a county affected by a natural disaster or obtain sugarcane from a county affected by a natural disaster in Louisiana; and (4) certain sugarcane growers in Texas for natural disaster-caused demurrage, storage, and transportation costs in 2008.

Provides specified Commodity Credit Corporation funds for grants to state departments of agriculture for assistance to eligible catfish producers to help offset natural disaster-caused feed costs or economic losses in 2008.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HELP Commission Act''.

SEC. 2. PURPOSE.

    The Congress finds that, despite the long-standing efforts and
resources of the United States dedicated to helping needy people around
the world, despair remains and in many areas is growing. Therefore, a
commission should be established to bring together the best minds
associated with development and humanitarian assistance to make a
comprehensive review of--
            (1) policy decisions, including why certain development
        projects are funded and others are not;
            (2) delivery obstacles, including the roles of United
        States agencies and other governmental and nongovernmental
        organizations;
            (3) methodology, including whether the delivery of United
        States development assistance always represents best practices
        and whether it can be improved; and
            (4) results, including measuring improvements in human
        capacity instead of in purely economic terms.
An examination of these issues should present new approaches and ideas
to ensure that United States development assistance reaches its
intended recipients.

SEC. 3. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.

    (a) Establishment.--There is established the Helping Enhance the
Livelihood of People (HELP) Around the Globe Commission (in this Act
referred to as the ``Commission'').
    (b) Functions.--The Commission shall--
            (1) identify the past and present objectives of United
        States development assistance, identify cases in which those
        objectives have been met, identify the beneficiaries of such
        assistance, and what percentage of the funds provided actually
        reached the intended beneficiaries;
            (2) identify cases in which United States development
        assistance has been most successful, and analyze why such
        successes have not been transferable to other countries or
        areas;
            (3) study ways to expand educational opportunities and
        investments in people, and assess infrastructure needs;
            (4) because of the difficulty in measuring results in
        lesser developed countries, study whether additional resources
        should be dedicated in order to bring about tangible results;
            (5) analyze how the United States could place conditions on
        governments in countries receiving United States development
        assistance, in light of and notwithstanding the objectives of
        the Millennium Challenge Account;
            (6) analyze ways in which the United States can coordinate
        its development assistance programs with those of other donor
        countries and international organizations;
            (7) analyze ways in which the safety of development
        assistance workers can be ensured, particularly in the midst of
        conflicts;
            (8) compare the effectiveness of increased and open trade
        with development assistance, and analyze the advantages and
        disadvantages of such trade and whether such trade could be a
        more effective alternative to United States development
        assistance;
            (9) analyze ways in which the United States can strengthen
        the capacity of indigenous nongovernmental organizations to be
        more effective in grassroots development;
            (10) analyze how political pressures affect the
        decisionmaking process on providing development assistance;
            (11) analyze ways in which decisions on providing
        development assistance can involve more of the people of the
        recipient countries;
            (12) analyze ways in which results can be measured if
        United States development assistance is targeted to the least
        developed countries;
            (13) recommend standards that should be set for
        ``graduating'' recipient countries from United States
        development assistance;
            (14) analyze whether United States development assistance
        should be used as a means to achieve United States foreign
        policy objectives;
            (15) analyze how the United States can evaluate the
        performance of its development assistance programs not only
        against economic indicators, but in other ways, including how
        to measure the success of United States development assistance
        in democratization efforts; and
            (16) study any other areas that the Commission considers
        necessary relating to United States development assistance.

SEC. 4. MEMBERSHIP.

    (a) Appointment.--The Commission shall be composed of 21 members as
follows:
            (1) Six members shall be appointed by the President, of
        whom at least two shall be representatives of nongovernmental
        organizations.
            (2) Four members shall be appointed by the majority leader
        of the Senate, and three members shall be appointed by the
        minority leader of the Senate.
            (3) Four members shall be appointed by the Speaker of the
        House of Representatives, and three members shall be appointed
        by the minority leader of the House of Representatives.
            (4) The Administrator of the United States Agency for
        International Development shall serve as a member of the
        Commission, ex officio.
Members under paragraphs (1) through (3) shall be appointed for the
life of the Commission.
    (b) Selection.--Members of the Commission shall be selected from
among individuals noted for their knowledge and experience in foreign
assistance, particularly development and humanitarian assistance.
    (c) Time of Appointment.--The appointments under subsection (a)
shall be made not later than 60 days after the date of the enactment of
this Act.
    (d) Chair.--The President shall designate one of the members of the
Commission from private life as the Chair of the Commission.
    (e) Regional Subcommittees.--In order to facilitate the workload of
the Commission, the Commission shall divide the membership of the
Commission into three subcommittees representing the different regions
of the world to which the United States provides development
assistance, the membership of each subcommittee to be proportional to
the percentage of United States development assistance provided to the
region represented by the subcommittee. Each subcommittee shall elect
one of its members as Chair of the subcommittee.
    (f) Quorum and Meetings.--
            (1) Commission.--Eleven members of the Commission shall
        constitute a quorum for purposes of transacting the business of
        the Commission. The Commission shall meet at the call of the
        Chair.
            (2) Subcommittees.--A majority of the members of each
        regional subcommittee shall constitute a quorum for purposes of
        transacting the business of the subcommittee. Each subcommittee
        shall meet at the call of the Chair of the subcommittee.
    (g) Vacancies.--Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
    (h) Administrative Support.--The Administrator of General Services
shall provide to the Commission on a reimbursable basis (or, in the
discretion of the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request to carry
out this Act.
    (i) Compensation.--
            (1) In general.--Subject to paragraph (2), members of the
        Commission shall serve without pay.
            (2) Prohibition on additional compensation of federal
        employees.--Members of the Commission who are full-time
        officers or employees of the United States or Members of
        Congress may not receive additional pay, allowances, or
        benefits by reason of their service on the Commission.
    (j) Travel Expenses.--Members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
    (k) Staff.--
            (1) In general.--The Chairman of the Commission may,
        without regard to the civil service laws and regulations,
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the
        Commission to perform its duties. The employment of an
        executive director shall be subject to confirmation by the
        Commission.
            (2) Compensation.--To the extent or in the amounts provided
        in advance in appropriations Acts--
                    (A) the executive director shall be compensated at
                the rate payable for level V of the Executive Schedule
                under section 5316 of title 5, United States Code; and
                    (B) the Chairman of the Commission may fix the
                compensation of other personnel without regard to the
                provisions of chapter 51 and subchapter III of chapter
                53 of title 5, United States Code, relating to
                classification of positions and General Schedule pay
                rates, except that the rate of pay for such personnel
                may not exceed the rate payable for level V of the
                Executive Schedule under section 5316 of such title.

SEC. 5. POWERS OF THE COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its functions under this Act, hold hearings, sit and act
at times and places in the United States and in countries which receive
United States development assistance, take testimony, and receive
evidence as the Commission considers advisable to carry out the
purposes of this Act.
    (b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out the provisions of this Act.
Upon request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission,
subject to applicable law.
    (c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
    (d) Administrative Procedures.--The Commission may adopt such rules
and regulations, relating to administrative procedure, as may be
reasonably necessary to enable it to carry out the provisions of this
Act.
    (e) Travel.--
            (1) In general.--The Members of the Commission may, with
        the approval of the Commission, conduct such travel as is
        necessary to carry out the purposes of this Act. Each trip must
        be approved by a majority of the Commission.
            (2) Sense of congress.--It is the sense of the Congress
        that members of the Commission should, in order to carry out
        the functions of the Commission most effectively, travel to
        countries that receive United States development assistance.
        The Commission is encouraged to invite Members of Congress to
        accompany members of the Commission on such travel.
    (f) Staff and Services of Other Federal Agencies.--Upon the request
of the Commission, the head of any Federal department or agency may
detail, on a reimbursable or nonreimbursable basis, any of the
personnel of that department or agency to the Commission to assist it
in carrying out its functions under this Act. The detail of any such
personnel shall be without interruption or loss of civil service or
Foreign Service status or privilege.

SEC. 6. REPORT OF THE COMMISSION.

    (a) In General.--Not later than 2 years after the members of the
Commission are appointed under section 4(a), the Commission shall
submit a report to the President, the Secretary of State, and the
Congress setting forth its findings and recommendations under section
3(b).
    (b) Classified Form of Report.--The report may be submitted in
classified form, together with a public summary of recommendations, if
the classification of information would further the purposes of this
Act.
    (c) Individual or Dissenting Views.--Each member of the Commission
may include the individual or dissenting views of the member.

SEC. 7. APPLICABILITY OF OTHER LAWS.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.

SEC. 8. DEFINITION.

    In this Act, the term ``United States development assistance''
means--
            (1) assistance provided by the United States under chapters
        1, 10, 11, and 12 of part I of the Foreign Assistance Act of
        1961; and
            (2) assistance provided under any other provision of law to
        carry out purposes comparable to those set forth in the
        provisions referred to in paragraph (1).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the
Commission such sums as may be necessary to carry out this Act.
    (b) Availability of Funds.--Amounts authorized to be appropriated
under subsection (a) are authorized to remain available until expended,
but not later than the date of termination of the Commission.

SEC. 10. TERMINATION.

    The Commission shall terminate 30 days after the submission of its
report under section 6.

Output: HELP Commission Act - Establishes the Helping Enhance the Livelihood of People (HELP) Around the Globe Commission to: (1) identify objectives and beneficiaries of U.S. development assistance; (2) evaluate cases in which assistance has been successful; (3) study ways of expanding educational opportunities and investments in people, coordinating U.S. assistance programs with those of other countries and international organizations, ensuring the safety of development assistance workers, strengthening indigenous nongovernmental organizations in grassroots development, placing conditions on governments receiving assistance, and measuring results of targeting U.S. assistance to the least developed countries; (4) assess infrastructure needs; (5) study whether additional resources are needed for tangible results; (6) compare the effectiveness of increased and open trade with development assistance; (7) analyze how political pressures affect the assistance decision making process and how assistance decisions can involve more people of the recipient countries; (8) recommend standards for graduating recipient countries from U.S. assistance; (9) analyze whether assistance should be used to achieve foreign policy objectives; and (10) analyze how to evaluate the performance of the U.S. assistance programs, including in democratization efforts.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mine Safety and Health Act of
2006''.

SEC. 2. IMPROVED MANDATORY HEALTH AND SAFETY STANDARDS.

    Section 101 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 811) is amended by adding at the end the following:
    ``(f) Establishing Improved Mandatory Health and Safety
Standards.--Notwithstanding any other provision of this section
regarding the promulgation of mandatory health and safety standards,
and in addition to the requirements of any mandatory safety and health
standard promulgated under this Act, the following shall be mandatory
health and safety standards that apply to all coal or other mines:
            ``(1) Oxygen stations.--An operator shall strategically
        locate, within each area of an underground coal or other mine
        where miners are working, not less than 1 oxygen station that
        can provide the average number of miners expected to be working
        in such area with not less than a 4-day supply of oxygen.
            ``(2) Wireless emergency tracking devices.--An operator
        shall make available to each miner a wireless emergency
        tracking device that will enable rescuers to locate the miner
        in the event of an accident or emergency.
            ``(3) Wireless communications devices.--An operator shall
        require that each miner working in an underground coal or other
        mine carry a wireless text messaging or other wireless
        communications device that will enable rescuers or mine
        operators to communicate with the miner.
            ``(4) Communications among rescue workers.--In the event of
        a rescue operation, the operator of a coal or other mine shall
        ensure that communications relating to the rescue are
        transmitted only to the individuals participating in the rescue
        operation.
            ``(5) Secondary telephone service.--For each area within an
        underground coal or other mine where a miner is working, an
        operator shall provide secondary telephone service, or
        equivalent 2-way communication facilities, between the surface
        and the underground mine at an entry separate from the location
        of existing telephone service or equivalent facilities, in
        order to increase the likelihood of maintaining communications
        between the miner and surface or rescue personnel in the event
        of an accident or emergency.''.

SEC. 3. REPORTS, PLAN REVIEWS, AND CITATIONS.

    (a) Accident Investigations and Internal Reviews.--Section 103 of
the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 813) is
amended--
            (1) in subsection (a), by adding at the end the following:
        ``In the case of an investigation of an accident or other
        occurrence relating to health or safety in a coal or other
        mine, the Secretary, or the authorized representative of the
        Secretary, shall conduct interviews of the miners regarding the
        accident or occurrence without having a representative of the
        operator present.''; and
            (2) in subsection (b), by adding at the end the following:
        ``The Secretary shall promulgate regulations establishing rules
        for conducting an investigation of any accident relating to
        health or safety in a coal or other mine and for holding
        hearings relating to such investigation. Not later than 30 days
        after completing such investigation or a review regarding the
        Administration's response to such accident, the Secretary shall
        submit the report regarding the investigation or review to the
        Committee on Appropriations and the Committee on Health,
        Education, Labor, and Pensions of the Senate and the Committee
        on Appropriations and the Committee on Education and the
        Workforce of the House of Representatives.''.
    (b) Quarterly Review of Certain Plans.--Section 103 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 813) is amended by adding
at the end the following:
    ``(l) Quarterly Review.--Notwithstanding any mandatory safety and
health standard promulgated under this Act, the Secretary or the
Secretary's authorized representative shall review the ventilation
system and methane and dust control plan and the roof control plan of
an operator at least once every 3 months.''.
    (c) Progress Check.--Section 104(a) of the Federal Mine Safety and
Health Act of 1977 (30 U.S.C. 814(a)) is amended by adding after the
third sentence the following: ``Not later than 24 hours after an
operator has received a citation under this subsection, an authorized
representative of the Secretary shall contact the operator to ensure
that the operator is taking steps to abate the violation in the
reasonable time specified in the citation.''.

SEC. 4. EMERGENCY CALL CENTER.

    Section 104 of the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 814) is amended by adding at the end the following:
    ``(l) Emergency Call Center.--
            ``(1) In general.--The Secretary shall establish, within
        the Administration, a central communications emergency call
        center for all coal and other mine operations that shall be
        staffed and operated 24 hours a day, 7 days a week. All calls
        placed to the emergency call center shall be answered by an
        individual.
            ``(2) Contact list.--To assist in the operation of the
        emergency call center, the Secretary shall provide the
        emergency call center with an emergency contact list that
        contains the contact information for all coal or other mines
        subject to this Act and shall update the contact list on a
        quarterly basis.''.

SEC. 5. PENALTIES.

    (a) Increased Penalties and User Fees.--Section 110 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 820) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by inserting before the
                period ``, except that a flagrant violation may be
                assessed a civil penalty of not more than $500,000'';
                    (B) in the second sentence, by inserting ``, other
                than a flagrant violation,'' after ``safety standard'';
                and
                    (C) by adding at the end the following: ``In this
                subsection, the term `flagrant violation' means a
                reckless or repeated failure to make reasonable efforts
                to eliminate a known violation of a mandatory health
                and safety standard that substantially and proximately
                caused, or reasonably could be expected to cause, death
                or serious bodily injury.'';
            (2) in subsection (b), by striking ``$5,000'' and inserting
        ``$55,000'';
            (3) in subsection (d)--
                    (A) by inserting ``knowingly exposes miners to
                situations likely to cause death or serious bodily
                injury,'' after ``operator who'';
                    (B) by striking ``$25,000'' and inserting
                ``$250,000''; and
                    (C) by striking ``$50,000'' and inserting
                ``$500,000'';
            (4) in subsection (e), by striking ``$1,000'' and inserting
        ``$20,000'';
            (5) in subsection (f), by striking ``$10,000'' and
        inserting ``$100,000'';
            (6) by redesignating subsections (i) through (k) and
        subsection (l) as subsections (j) through (l) and subsection
        (o), respectively;
            (7) by inserting after subsection (h) the following:
    ``(i) Failure to Inform.--Any operator who fails to inform the
Secretary of a disaster relating to a coal or other mine within the 15-
minute period following the occurrence of the disaster shall be subject
to a civil penalty of not less than $100,000. The Secretary may waive
the penalty under this subsection if the Secretary determines that the
failure to inform within the time period was caused by circumstances
outside the control of the operator.''; and
            (8) by inserting after subsection (l) (as so redesignated
        by paragraph (6)) the following:
    ``(m) Minimum Fine or Penalty.--
            ``(1) Serious illness or injury hazard.--A fine or civil
        penalty assessed under this section for a violation of a
        mandatory health or safety standard, or other provision of this
        Act, that could cause serious illness or injury shall be in an
        amount of not less than $10,000.
            ``(2) Habitual violator.--A fine or civil penalty assessed
        under this section, to any operator of a coal or other mine who
        habitually violates this Act, for a violation of a mandatory
        health or safety standard, or other provision of this Act, that
        could significantly and substantially contribute to a safety or
        health hazard shall be in an amount of not less than $20,000.
    ``(n) User Fees.--An operator who incurs a civil penalty or fine
under this section shall, in addition to the amount of such penalty or
fine, be assessed a user fee of $100 for each such penalty or fine.
Such fees shall be collected by the Secretary to be deposited in an
Administration account and shall be used to augment the amounts
appropriated to the Administration for carrying out the following
activities:
            ``(1) To reimburse operators for the cost of training,
        research and development, rescue teams, safe rooms, or other
        supplies or equipment for miner safety.
            ``(2) To enable the Administration to provide technical
        support, educational policy and development, and program
        evaluation and information activities in accordance with this
        Act.''.
    (b) No Reduction of Certain Fines.--Section 105(d) of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 815(d)) is amended in the
first sentence by inserting ``, except that the Commission shall not
decrease a civil penalty assessed for a flagrant violation, as defined
in section 110(a), or for a habitual violation'' after ``appropriate
relief''.

SEC. 6. MANDATORY HEALTH AND SAFETY TRAINING.

    Section 115(a) of the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 825(a)) is amended--
            (1) by redesignating paragraph (5) as paragraph (7); and
            (2) by inserting after paragraph (4) the following:
            ``(5) all miners shall receive initial training in the
        proper usage of wireless communications devices and shall
        receive refresher training courses on such usage not less often
        than once each calendar year;
            ``(6) each rescue team for the mine shall participate in a
        surprise, unannounced emergency rescue drill at an operating
        mine not less often than 2 times each calendar year; and''.

Output:
Mine Safety and Health Act of 2006 - Amends the Federal Mine Safety and Health Act of 1977 to impose additional health and safety requirements for all coal or other mines, including regarding: (1) the strategic location of an oxygen station; (2) wireless emergency tracking devices; (3) wireless communication devices; (4) restricting communications relating to a rescue operation only to individuals participating in the rescue; and (5) secondary telephone service.

Requires interviews of miners regarding an accident or occurrence without the presence of the mine operator.

Directs the Secretary of Labor to: (1) establish rules for conducting investigations of mine accidents; and (2) report to specified congressional committees within 30 days of completing an investigation.

Requires the Secretary to: (1) conduct a quarterly review of a mine operator's ventilation system, methane and dust control plan, and roof control plan; and (2) contact an operator who has received a citation within 24 hours to ensure that steps are being taken to correct the safety violation.

Requires the Secretary to establish a central communications emergency call center for all coal and other mine operations.

Imposes increased penalties for flagrant violations of mine safety standards, for failure to promptly report mine disasters, and for habitual violators of mine safety standards. Imposes additional user fees on mine operators who incur such penalties and dedicates such fees for equipment, training, and other expenses relating to mine safety.

Requires all miners to receive training in the proper usage of wireless communications devices. Requires rescue workers to participate in unannounced emergency rescue drills at an operating mine at least twice a year.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oil Subsidy Elimination Act of
2006''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) On Friday April 21, 2006, the trading price for a
        barrel of oil reached a new record high of $75.17. As a result
        the price of gasoline in many areas around the country jumped
        to $3 per gallon or higher.
            (2) According to the Energy Information Administration
        (EIA) of the Department of Energy, gas prices are expected to
        rise nationally by at least another 25 cents in the short term.
            (3) Oil companies are receiving record profits as a result
        of high gas prices. In 2005, ExxonMobil--the Nation's largest
        oil company--earned a net income of $36.1 billion, up 31
        percent from the year before. In the fourth quarter of 2005
        alone, ExxonMobile earned $10 billion, up from the previous
        record of $9.92 billion set by ExxonMobile in the third quarter
        of 2005.
            (4) While high energy prices are squeezing the American
        middle class, oil executives are receiving record compensation
        and retirement packages. For example, the retiring chairman of
        ExxonMobil was recently given a $400 million retirement
        package--one of the largest in history.
            (5) In the 108th and 109th Congresses, the United States
        Congress passed, and the President signed, legislation giving
        billions in taxpayer dollars away to the oil industry in the
        form of tax breaks--even as this industry continues to garner
        record breaking profits.
            (6) At a November 9, 2005, joint hearing of the Committee
        on Energy and Natural Resources and the Committee on
        Environment and Public Works of the Senate, the chief executive
        officers of the top five oil companies testified that their
        companies did not need the Federal tax incentives included in
        the Energy Policy Act of 2005 (Public Law 109-58).
            (7) On April 25, 2006, President Bush stated ``Record oil
        prices and large cash flows also mean that Congress has got to
        understand that these energy companies don't need unnecessary
        tax breaks like the write-offs of certain geological and
        geophysical expenditures, or the use of taxpayers' money to
        subsidize energy companies research into deep water drilling.
        I'm looking forward to Congress to take about $2 billion of
        these tax breaks out of the budget over a 10-year period of
        time. Cash flows are up. Taxpayers don't need to be paying for
        certain of these expenses on behalf of the energy companies.''.

SEC. 2. REQUIREMENTS FOR CERTAIN LARGE INTEGRATED OIL COMPANIES.

    (a) Revaluation of LIFO Inventories of Large Integrated Oil
Companies.--
            (1) General rule.--Notwithstanding any other provision of
        law, if a taxpayer is an applicable integrated oil company for
        its last taxable year ending in calendar year 2005, the
        taxpayer shall--
                    (A) increase, effective as of the close of such
                taxable year, the value of each historic LIFO layer of
                inventories of crude oil, natural gas, or any other
                petroleum product (within the meaning of section 4611)
                by the layer adjustment amount, and
                    (B) decrease its cost of goods sold for such
                taxable year by the aggregate amount of the increases
                under paragraph (1).
        If the aggregate amount of the increases under paragraph (1)
        exceed the taxpayer's cost of goods sold for such taxable year,
        the taxpayer's gross income for such taxable year shall be
        increased by the amount of such excess.
            (2) Layer adjustment amount.--For purposes of this
        section--
                    (A) In general.--The term ``layer adjustment
                amount'' means, with respect to any historic LIFO
                layer, the product of--
                            (i) $18.75, and
                            (ii) the number of barrels of crude oil (or
                        in the case of natural gas or other petroleum
                        products, the number of barrel-of-oil
                        equivalents) represented by the layer.
                    (B) Barrel-of-oil equivalent.--The term ``barrel-
                of-oil equivalent'' has the meaning given such term by
                section 29(d)(5) (as in effect before its redesignation
                by the Energy Tax Incentives Act of 2005).
            (3) Application of requirement.--
                    (A) No change in method of accounting.--Any
                adjustment required by this section shall not be
                treated as a change in method of accounting.
                    (B) Underpayments of estimated tax.--No addition to
                the tax shall be made under section 6655 of the
                Internal Revenue Code of 1986 (relating to failure by
                corporation to pay estimated tax) with respect to any
                underpayment of an installment required to be paid with
                respect to the taxable year described in subsection (a)
                to the extent such underpayment was created or
                increased by this section.
            (4) Applicable integrated oil company.--For purposes of
        this subsection, the term ``applicable integrated oil company''
        means an integrated oil company (as defined in section
        291(b)(4) of the Internal Revenue Code of 1986) which has an
        average daily worldwide production of crude oil of at least
        500,000 barrels for the taxable year and which had gross
        receipts in excess of $1,000,000,000 for its last taxable year
        ending during calendar year 2005. For purposes of this
        subsection all persons treated as a single employer under
        subsections (a) and (b) of section 52 of the Internal Revenue
        Code of 1986 shall be treated as 1 person and, in the case of a
        short taxable year, the rule under section 448(c)(3)(B) shall
        apply.
    (b) Elimination of Amortization of Geological and Geophysical
Expenditures for Major Integrated Oil Companies.--
            (1) In general.--Section 167(h) of the Internal Revenue
        Code of 1986 is amended by adding at the end the following new
        paragraph:
            ``(5) Nonapplication to major integrated oil companies.--
        This subsection shall not apply with respect to any expenses
        paid or incurred for any taxable year by any integrated oil
        company (as defined in section 291(b)(4)) which has an average
        daily worldwide production of crude oil of at least 500,000
        barrels for such taxable year.''.
            (2) Effective date.--The amendment made by this section
        shall take effect as if included in the amendment made by
        section 1329(a) of the Energy Policy Act of 2005.
    (c) Modifications of Foreign Tax Credit Rules Applicable to Large
Integrated Oil Companies Which Are Dual Capacity Taxpayers.--
            (1) In general.--Section 901 of the Internal Revenue Code
        of 1986 (relating to credit for taxes of foreign countries and
        of possessions of the United States) is amended by
        redesignating subsection (m) as subsection (n), and by
        inserting after subsection (l) the following new subsection:
    ``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
            ``(1) General rule.--Notwithstanding any other provision of
        this chapter, any amount paid or accrued by a dual capacity
        taxpayer which is a large integrated oil company to a foreign
        country or possession of the United States for any period shall
        not be considered a tax--
                    ``(A) if, for such period, the foreign country or
                possession does not impose a generally applicable
                income tax, or
                    ``(B) to the extent such amount exceeds the amount
                (determined in accordance with regulations) which--
                            ``(i) is paid by such dual capacity
                        taxpayer pursuant to the generally applicable
                        income tax imposed by the country or
                        possession, or
                            ``(ii) would be paid if the generally
                        applicable income tax imposed by the country or
                        possession were applicable to such dual
                        capacity taxpayer.
                Nothing in this paragraph shall be construed to imply
                the proper treatment of any such amount not in excess
                of the amount determined under subparagraph (B).
            ``(2) Dual capacity taxpayer.--For purposes of this
        subsection, the term `dual capacity taxpayer' means, with
        respect to any foreign country or possession of the United
        States, a person who--
                    ``(A) is subject to a levy of such country or
                possession, and
                    ``(B) receives (or will receive) directly or
                indirectly a specific economic benefit (as determined
                in accordance with regulations) from such country or
                possession.
            ``(3) Generally applicable income tax.--For purposes of
        this subsection--
                    ``(A) In general.--The term `generally applicable
                income tax' means an income tax (or a series of income
                taxes) which is generally imposed under the laws of a
                foreign country or possession on income derived from
                the conduct of a trade or business within such country
                or possession.
                    ``(B) Exceptions.--Such term shall not include a
                tax unless it has substantial application, by its terms
                and in practice, to--
                            ``(i) persons who are not dual capacity
                        taxpayers, and
                            ``(ii) persons who are citizens or
                        residents of the foreign country or possession.
            ``(4) Large integrated oil company.--For purposes of this
        subsection, the term `large integrated oil company' means, with
        respect to any taxable year, an integrated oil company (as
        defined in section 291(b)(4)) which--
                    ``(A) had gross receipts in excess of
                $1,000,000,000 for such taxable year, and
                    ``(B) has an average daily worldwide production of
                crude oil of at least 500,000 barrels for such taxable
                year.''
            (2) Effective date.--
                    (A) In general.--The amendments made by this
                subsection shall apply to taxes paid or accrued in
                taxable years beginning after the date of the enactment
                of this Act.
                    (B) Contrary treaty obligations upheld.--The
                amendments made by this subsection shall not apply to
                the extent contrary to any treaty obligation of the
                United States.

SEC. 3. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF
              2005 FOR OIL AND GAS.

    (a) Repeal.--The following provisions, and amendments made by such
provisions, of the Energy Policy Act of 2005 are hereby repealed:
            (1) Section 1323 (relating to temporary expensing for
        equipment used in refining of liquid fuels).
            (2) Section 1328 (relating to determination of small
        refiner exception to oil depletion deduction).
            (3) Section 1329 (relating to amortization of geological
        and geophysical expenditures).
    (b) Administration of Internal Revenue Code of 1986.--The Internal
Revenue Code of 1986 shall be applied and administered as if the
provisions, and amendments, specified in subsection (a) had never been
enacted.

Output:
Oil Subsidy Elimination Act of 2006 - Requires oil companies with annual gross receipts of $1 billion or more and average daily crude oil production levels of at least 500,000 barrels (defined as large integrated oil companies) to revalue, according to a specified formula, their 2005 LIFO inventories of crude oil, natural gas, or other petroleum products.

Amends the Internal Revenue Code to deny large integrated oil companies: (1) amortization of geological and geophysical expenditures; and (2) foreign tax credits for certain payments made to foreign countries.

Repeals provisions of the Energy Policy Act of 2005 relating to: (1) expensing of crude oil refinery property; (2) exemptions from limitations on oil depletion deductions for certain small crude oil refiners; and (3) amortization of geological and geophysical expenditures.


Input:
SECTION 1. LIMITED AUTHORITY FOR DEPARTMENT OF DEFENSE PERSONNEL WHO
              ARE FACULTY MEMBERS AT DEPARTMENT OF DEFENSE SCHOOLS OR
              OTHER ACADEMIES TO SECURE COPYRIGHTS FOR CERTAIN
              SCHOLARLY WORKS.

    (a) Authority.--(1) Chapter 53 of title 10, United States Code, is
amended by inserting after section 1033 the following new section:
``Sec. 1033a. Faculty of service academies and Department of Defense
              professional schools: limited authority to secure
              copyrights for certain works
    ``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is a member of the Army, Navy, Air Force,
or Marine Corps, or a civilian employee of the Department of Defense,
and is a faculty member of an institution described in subsection (e)
may, notwithstanding section 105 or 201(b) of title 17, secure
copyright protection under title 17 for a qualifying work, but only for
the purposes of submitting such work for publication in a scholarly
journal, publication, or other edited work for which such a copyright
is a requirement for consideration for publication or otherwise as may
be prescribed under regulations under this section.
    ``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
            ``(1) is prepared as part of a person's official duties;
        and
            ``(2) meets such criteria as the Secretary of Defense may
        prescribe by regulation as a scholarly work for which copyright
        protection as provided in subsection (a) is warranted.
    ``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
    ``(d) Royalties, Etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
    ``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
            ``(1) The United States Military Academy, United States
        Naval Academy, and United States Air Force Academy.
            ``(2) The National Defense University.
            ``(3) Any war college of the armed forces.
            ``(4) Any graduate-level college or university of the
        Department of Defense.
            ``(5) The Coast Guard Academy.
            ``(6) The United States Merchant Marine Academy.
    ``(f) Regulations.--The Secretary of Defense shall prescribe
regulations for the purposes of this section. Such regulations shall
include provisions specifying the types of works for which copyright
protection may be secured by a person described in subsection (a).''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1033 the
following new item:

``1033a. Faculty of service academies and Department of Defense
                            professional schools: limited authority to
                            secure copyrights for certain works.''.
    (b) Effective Date.--Section 1033a of title 10, United States Code,
as added by subsection (a), shall apply only with respect to works
that, as determined under regulations prescribed under that section,
are produced after the date of the enactment of this Act.
    (c) Deadline for Regulations.--The Secretary of Defense shall
prescribe regulations under subsection (f) of section 1033a of title
10, United States Code, as added by subsection (a), not later than 180
days after the date of the enactment of this Act.

SEC. 2. LIMITED AUTHORITY FOR FACULTY MEMBERS AT COAST GUARD ACADEMY TO
              SECURE COPYRIGHTS FOR CERTAIN SCHOLARLY WORKS.

    (a) Authority.--(1) Chapter 9 of title 14, United States Code, is
amended by inserting after section 196 the following new section:
``Sec. 197. Limited authority for faculty members to secure copyrights
              for certain works
    ``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is a member of the Coast Guard, or a
civilian employee of the Coast Guard, and is a faculty member of an
institution described in subsection (e) may, notwithstanding section
105 or 201(b) of title 17, secure copyright protection under title 17
for a qualifying work, but only for the purposes of submitting such
work for publication in a scholarly journal, publication, or other
edited work for which such a copyright is a requirement for
consideration for publication or otherwise as may be prescribed under
regulations under this section.
    ``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
            ``(1) is prepared as part of a person's official duties;
        and
            ``(2) meets such criteria as the Secretary may prescribe by
        regulation as a scholarly work for which copyright protection
        as provided in subsection (a) is warranted.
    ``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
    ``(d) Royalties, Etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
    ``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
            ``(1) The Coast Guard Academy.
            ``(2) The United States Merchant Marine Academy.
            ``(3) The United States Military Academy, United States
        Naval Academy, and United States Air Force Academy.
            ``(4) The National Defense University.
            ``(5) Any war college of the armed forces.
            ``(6) Any graduate-level college or university of the
        Department of Defense.
    ``(f) Regulations.--The Secretary shall prescribe regulations for
the purposes of this section. Such regulations shall include provisions
specifying the types of works for which copyright protection may be
secured by a person described in subsection (a).''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 196 the
following new item:

``197. Limited authority for faculty members to secure copyrights for
                            certain works.''.
    (b) Effective Date.--Section 197 of title 14, United States Code,
as added by subsection (a), shall apply only with respect to works
that, as determined under regulations prescribed under that section,
are produced after the date of the enactment of this Act.
    (c) Deadline for Regulations.--The Secretary of the department in
which the Coast Guard is operating shall prescribe regulations under
subsection (f) of section 197 of title 14, United States Code, as added
by subsection (a), not later than 180 days after the date of the
enactment of this Act.

SEC. 3. LIMITED AUTHORITY FOR FACULTY MEMBERS AT UNITED STATES MERCHANT
              MARINE ACADEMY TO SECURE COPYRIGHTS FOR CERTAIN WORKS.

    (a) Authority.-- Title XIII of the Merchant Marine Act, 1936 (46
App. U.S.C. 1295 et seq.) is amended by adding at the end the following
new section:

``SEC. 1308. LIMITED AUTHORITY FOR FACULTY MEMBERS TO SECURE COPYRIGHTS
              FOR CERTAIN WORKS.

    ``(a) Authority.--Subject to regulations prescribed under
subsection (f), a person who is an employee of the Department of
Transportation and is a faculty member of an institution described in
subsection (e) may, notwithstanding section 105 or 201(b) of title 17,
secure copyright protection under title 17 for a qualifying work, but
only for the purposes of submitting such work for publication in a
scholarly journal, publication, or other edited work for which such a
copyright is a requirement for consideration for publication or
otherwise as may be prescribed under regulations under this section.
    ``(b) Qualifying Works.--A work is a qualifying work for purposes
of this section if the work--
            ``(1) is prepared as part of a person's official duties;
        and
            ``(2) meets such criteria as the Secretary of
        Transportation may prescribe by regulation as a scholarly work
        for which copyright protection as provided in subsection (a) is
        warranted.
    ``(c) Transfer of Copyright.--Upon acceptance for publication of a
work for which copyright protection exists by reason of subsection (a),
the person holding the copyright shall transfer the copyright to the
owner or publisher of the medium in which the work will be published.
    ``(d) Royalties, Etc.--No royalties or other compensation may be
accepted by a person described in subsection (a) by reason of copyright
protection that exists by reason of subsection (a).
    ``(e) Covered Institutions.--The institutions referred to in
subsection (a) are the following:
            ``(1) The United States Merchant Marine Academy.
            ``(2) The Coast Guard Academy.
            ``(3) The United States Military Academy, United States
        Naval Academy, and United States Air Force Academy.
            ``(4) The National Defense University.
            ``(5) Any war college of the armed forces.
            ``(6) Any graduate-level college or university of the
        Department of Defense.
    ``(f) Regulations.--The Secretary of Transportation shall prescribe
regulations for the purposes of this section. Such regulations shall
include provisions specifying the types of works for which copyright
protection may be secured by a person described in subsection (a).''.
    (b) Effective Date.--Section 1308 of Merchant Marine Act, 1936, as
added by subsection (a), shall apply only with respect to works that,
as determined under regulations prescribed under that section, are
produced after the date of the enactment of this Act.
    (c) Deadline for Regulations.--The Secretary of Transportation
shall prescribe regulations under section 1308 of Merchant Marine Act,
1936, as added by subsection (a), not later than 180 days after the
date of the enactment of this Act.

Output: Authorizes a faculty member of a military service academy (including the Coast Guard Academy and Merchant Marine Academy) or Department of Defense professional school (including the National Defense University) to secure Federal copyright protection for a scholarly work prepared as part of that person's official duties, but only for purposes of submitting such work for publication in a scholarly journal, publication, or other edited work for which such a copyright is required. Requires the faculty member to transfer such copyright to the owner or publisher of the medium for which the work will be published. Prohibits the acceptance of royalties or other compensation by reason of such copyright protection.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Less Imprecision in Species
Treatment Act of 2018'' or the ``LIST Act of 2018''.

SEC. 2. REQUIREMENT TO INITIATE DELISTING.

    (a) Requirement in Case of Recovery.--Section 4(b) of the
Endangered Species Act of 1973 (16 U.S.C. 1533(b)) is amended by adding
at the end the following:
    ``(9)(A) The Secretary shall initiate the procedures in accordance
with subsection (a)(1) to remove a species from a list published under
subsection (c) if--
            ``(i) the goals of a recovery plan for the species
        developed under subsection (f) have been met; or
            ``(ii) the goals for recovery of the species have not been
        developed under subsection (f), and the Secretary determines
        that the species has recovered sufficiently to no longer
        require the protection of the Act.
    ``(B) Notwithstanding the requirement of subsection (c)(2) that
each determination under subparagraph (B) of that subsection shall be
made in accordance with the provisions of subsections (a) and (b), the
Secretary shall remove a species from any list published under
subsection (c) if the Department of the Interior has produced or
received substantial scientific or commercial information demonstrating
that the species is recovered or that recovery goals set for the
species under subsection (f) have been met.
    ``(C) In the case of a species removed under subparagraph (A) from
a list published under subsection (c), the publication and notice under
subsection (b)(5) shall consist solely of a notice of such removal.''.
    (b) Requirement in Case Erroneously or Wrongfully Listed.--Section
4(b)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)), as
amended by subsection (a), is further amended by adding at the end the
following:
    ``(H)(i) Not later than 90 days after the date the Department of
the Interior receives or produces under this subsection information
described in clause (ii) regarding a species included in a list under
subsection (c), the Secretary shall to the maximum extent practicable
find whether the inclusion of such species in such list was less than
likely to have occurred in the absence of the scientific or commercial
information referred to in clause (ii).
    ``(ii) Information referred to in clause (i) is any information
demonstrating that the listing was determined on the basis of
scientific or commercial information available to, or received or
produced by, the Department under paragraphs (1) and (3) of subsection
(b) that at the time the scientific or commercial information was
available to or received or produced by the Department it was--
            ``(I) inaccurate beyond scientifically reasonable margins
        of error;
            ``(II) fraudulent; or
            ``(III) misrepresentative.
    ``(iii) Notwithstanding the requirement under subsection (c)(2)(B)
that each determination under subparagraph (B) shall be made in
accordance with the provisions of subsections (a) and (b), the
Secretary shall--
            ``(I) remove from any list published under subsection (c)
        any species for which a positive finding is made under clause
        (i); and
            ``(II) promptly publish in the Federal Register notice of
        such finding that includes such information as was received or
        produced by the Department under such clause.
    ``(iv) Any positive finding by the Secretary under clause (i) shall
not be subject to judicial review.
    ``(v) Any negative finding by the Secretary under clause (i) shall
be subject to judicial review.
    ``(vi) In the case of a species removed under clause (iii) from a
list, the publication and notice under subsection (b)(5) shall consist
solely of a notice of such removal.
    ``(vii) If the Secretary finds that a person submitted a petition
that is the subject of a positive finding under clause (i) knowing that
it contained scientific or commercial information described in clause
(ii), then during the 10-year period beginning on the date of the
finding under this clause the person shall not be considered an
interested person for purposes of subparagraph (A) with respect to any
petition submitted by the person after the date the person submitted
such scientific or commercial information.''.

SEC. 3. EXPANDED CONSIDERATION DURING FIVE-YEAR REVIEW.

    Section 4(c) (16 U.S.C. 1533(c)) is amended by adding at the end
the following:
    ``(3) Each determination under paragraph (2)(B) shall consider one
of the following:
            ``(A) Except as provided in subparagraph (B) of this
        paragraph, the criteria required under subsection (f)(1)(B) in
        the recovery plan for the species.
            ``(B) If the objective, measurable criteria under
        subsection (f)(1)(B)(ii) are not established, the factors for
        the determination that a species is an endangered species or a
        threatened species set forth in subsections (a)(1) and (b)(1).
            ``(C) A finding of error in the determination that the
        species is an endangered species, a threatened species, or
        extinct.
            ``(D) A determination that the species is no longer an
        endangered species or threatened species or in danger of
        extinction, based on an analysis of the factors that are the
        basis for listing in subsections (a)(1) and (b)(1).''.

Output: Less Imprecision in Species Treatment Act of 2018 or the LIST Act of 2018 This bill amends the Endangered Species Act of 1973 to revise the process for removing a species from the endangered or threatened species lists. The Department of the Interior or the Department of Commerce, as appropriate, must remove a species from the endangered or threatened species lists if Interior produces or receives substantial scientific or commercial information demonstrating that the species is recovered or that recovery goals set for the species have been met. The publication and notice of a proposed regulation to remove a species from the lists must consist solely of a notice of the removal. The bill establishes a process for removing species from the lists if they were erroneously or wrongfully listed. The bill prohibits a person from submitting a petition to list a species as a threatened or endangered species for 10 years if the person knowingly submitted a petition with information that was inaccurate beyond scientifically reasonable margins of error, fraudulent, or misrepresentative.