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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Streamlining Permitting of American
Energy Act of 2012''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

        TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM

Sec. 101. Permit to drill application timeline.
Sec. 102. Solar and wind right-of-way rental reform.

         TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM

Sec. 201. Administrative protest documentation reform.

                     TITLE III--PERMIT STREAMLINING

Sec. 301. Improve Federal energy permit coordination.
Sec. 302. Administration of current law.
Sec. 303. Policies regarding buying, building, and working for America.

                       TITLE IV--JUDICIAL REVIEW

Sec. 401. Definitions.
Sec. 402. Exclusive venue for certain civil actions relating to covered
                            energy projects.
Sec. 403. Timely filing.
Sec. 404. Expedition in hearing and determining the action.
Sec. 405. Standard of review.
Sec. 406. Limitation on injunction and prospective relief.
Sec. 407. Limitation on attorneys' fees.
Sec. 408. Legal standing.

        TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM

SEC. 101. PERMIT TO DRILL APPLICATION TIMELINE.

    Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2))
is amended to read as follows:
            ``(2) Applications for permits to drill reform and
        process.--
                    ``(A) Timeline.--The Secretary shall decide whether
                to issue a permit to drill within 30 days after
                receiving an application for the permit. The Secretary
                may extend such period for up to 2 periods of 15 days
                each, if the Secretary has given written notice of the
                delay to the applicant. The notice shall be in the form
                of a letter from the Secretary or a designee of the
                Secretary, and shall include the names and titles of
                the persons processing the application, the specific
                reasons for the delay, and a specific date a final
                decision on the application is expected.
                    ``(B) Notice of reasons for denial.--If the
                application is denied, the Secretary shall provide the
                applicant--
                            ``(i) in writing, clear and comprehensive
                        reasons why the application was not accepted
                        and detailed information concerning any
                        deficiencies; and
                            ``(ii) an opportunity to remedy any
                        deficiencies.
                    ``(C) Application deemed approved.--If the
                Secretary has not made a decision on the application by
                the end of the 60-day period beginning on the date the
                application is received by the Secretary, the
                application is deemed approved, except in cases in
                which existing reviews under the National Environmental
                Policy Act of 1969 or Endangered Species Act of 1973
                are incomplete.
                    ``(D) Denial of permit.--If the Secretary decides
                not to issue a permit to drill in accordance with
                subparagraph (A), the Secretary shall--
                            ``(i) provide to the applicant a
                        description of the reasons for the denial of
                        the permit;
                            ``(ii) allow the applicant to resubmit an
                        application for a permit to drill during the
                        10-day period beginning on the date the
                        applicant receives the description of the
                        denial from the Secretary; and
                            ``(iii) issue or deny any resubmitted
                        application not later than 10 days after the
                        date the application is submitted to the
                        Secretary.
                    ``(E) Fee.--
                            ``(i) In general.--Notwithstanding any
                        other law, the Secretary shall collect a single
                        $6,500 permit processing fee per application
                        from each applicant at the time the final
                        decision is made whether to issue a permit
                        under subparagraph (A). This fee shall not
                        apply to any resubmitted application.
                            ``(ii) Treatment of permit processing
                        fee.--Of all fees collected under this
                        paragraph, 50 percent shall be transferred to
                        the field office where they are collected and
                        used to process protests, leases, and permits
                        under this Act subject to appropriation.''.

SEC. 102. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM.

    Notwithstanding any other provision of law, each fiscal year, of
fees collected as annual wind energy and solar energy right-of-way
authorization fees required under section 504(g) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall
be retained by the Secretary of the Interior to be used, subject to
appropriation, by the Bureau of Land Management to process permits,
right-of-way applications, and other activities necessary for renewable
development, and, at the discretion of the Secretary, by the U.S. Fish
and Wildlife Service or other Federal agencies involved in wind and
solar permitting reviews to facilitate the processing of wind energy
and solar energy permit applications on Bureau of Land Management
lands.

         TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM

SEC. 201. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM.

    Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is
further amended by adding at the end the following:
            ``(4) Protest fee.--
                    ``(A) In general.--The Secretary shall collect a
                $5,000 documentation fee to accompany each protest for
                a lease, right of way, or application for permit to
                drill.
                    ``(B) Treatment of fees.--Of all fees collected
                under this paragraph, 50 percent shall remain in the
                field office where they are collected and used to
                process protests subject to appropriation.''.

                     TITLE III--PERMIT STREAMLINING

SEC. 301. IMPROVE FEDERAL ENERGY PERMIT COORDINATION.

    (a) Establishment.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall establish a Federal Permit
Streamlining Project (referred to in this section as the ``Project'')
in every Bureau of Land Management field office with responsibility for
permitting energy projects on Federal land.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 90 days after the date of
        enactment of this Act, the Secretary shall enter into a
        memorandum of understanding for purposes of this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental
                Protection Agency; and
                    (C) the Chief of the Army Corps of Engineers.
            (2) State participation.--The Secretary may request that
        the Governor of any State with energy projects on Federal lands
        to be a signatory to the memorandum of understanding.
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date of
        the signing of the memorandum of understanding under subsection
        (b), all Federal signatory parties shall, if appropriate,
        assign to each of the Bureau of Land Management field offices
        an employee who has expertise in the regulatory issues relating
        to the office in which the employee is employed, including, as
        applicable, particular expertise in--
                    (A) the consultations and the preparation of
                biological opinions under section 7 of the Endangered
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of Federal Water
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42
                U.S.C. 7401 et seq.);
                    (D) planning under the National Forest Management
                Act of 1976 (16 U.S.C. 472a et seq.); and
                    (E) the preparation of analyses under the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et
                seq.).
            (2) Duties.--Each employee assigned under paragraph (1)
        shall--
                    (A) not later than 90 days after the date of
                assignment, report to the Bureau of Land Management
                Field Managers in the office to which the employee is
                assigned;
                    (B) be responsible for all issues relating to the
                energy projects that arise under the authorities of the
                employee's home agency; and
                    (C) participate as part of the team of personnel
                working on proposed energy projects, planning, and
                environmental analyses on Federal lands.
    (d) Additional Personnel.--The Secretary shall assign to each
Bureau of Land Management field office identified in subsection (a) any
additional personnel that are necessary to ensure the effective
approval and implementation of energy projects administered by the
Bureau of Land Management field offices, including inspection and
enforcement relating to energy development on Federal land, in
accordance with the multiple use mandate of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Funding.--Funding for the additional personnel shall come from
the Department of the Interior reforms identified in sections 101, 102,
and 201.
    (f) Savings Provision.--Nothing in this section affects--
            (1) the operation of any Federal or State law; or
            (2) any delegation of authority made by the head of a
        Federal agency whose employees are participating in the
        Project.
    (g) Definition.--For purposes of this section the term ``energy
projects'' includes oil, natural gas, coal, and other energy projects
as defined by the Secretary.

SEC. 302. ADMINISTRATION OF CURRENT LAW.

    Notwithstanding any other law, the Secretary of the Interior shall
not require a finding of extraordinary circumstances in administering
section 390 of the Energy Policy Act of 2005.

SEC. 303. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA.

    (a) Congressional Intent.--It is the intent of Congress that--
            (1) this Act will support a healthy and growing United
        States domestic energy sector that, in turn, helps to
        reinvigorate American manufacturing, transportation, and
        service sectors by employing the vast talents of United States
        workers to assist in the development of energy from domestic
        sources; and
            (2) Congress will monitor the deployment of personnel and
        material onshore under this Act to encourage the development of
        American technology and manufacturing to enable United States
        workers to benefit from this Act through good jobs and careers,
        as well as the establishment of important industrial facilities
        to support expanded access to American energy resources.
    (b) Requirement.--The Secretary of the Interior shall, when
possible and practicable, encourage the use of United States workers
and equipment manufactured in the United States in all construction
related to mineral resource development under this Act.

                       TITLE IV--JUDICIAL REVIEW

SEC. 401. DEFINITIONS.

    In this Act--
            (1) the term ``covered civil action'' means a civil action
        containing a claim under section 702 of title 5, United States
        Code, regarding agency action (as defined for the purposes of
        that section) affecting a covered energy project on Federal
        lands of the United States; and
            (2) the term ``covered energy project'' means the leasing
        of Federal lands of the United States for the exploration,
        development, production, processing, or transmission of oil,
        natural gas, wind, or any other source of energy, and any
        action under such a lease, except that the term does not
        include any disputes between the parties to a lease regarding
        the obligations under such lease, including regarding any
        alleged breach of the lease.

SEC. 402. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED
              ENERGY PROJECTS.

    Venue for any covered civil action shall lie in the district court
where the project or leases exist or are proposed.

SEC. 403. TIMELY FILING.

    To ensure timely redress by the courts, a covered civil action must
be filed no later than the end of the 90-day period beginning on the
date of the final Federal agency action to which it relates.

SEC. 404. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.

SEC. 405. STANDARD OF REVIEW.

    In any judicial review of a covered civil action, administrative
findings and conclusions relating to the challenged Federal action or
decision shall be presumed to be correct, and the presumption may be
rebutted only by the preponderance of the evidence contained in the
administrative record.

SEC. 406. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation. In addition, courts shall limit the duration of
preliminary injunctions to halt covered energy projects to no more than
60 days, unless the court finds clear reasons to extend the injunction.
In such cases of extensions, such extensions shall only be in 30-day
increments and shall require action by the court to renew the
injunction.

SEC. 407. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code, (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.

SEC. 408. LEGAL STANDING.

    Challengers filing appeals with the Department of the Interior
Board of Land Appeals shall meet the same standing requirements as
challengers before a United States district court.

Output:
Streamlining Permitting of American Energy Act of 2012 - Title I: Application For Permits to Drill Process Reform - (Sec. 101) Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands.

Authorizes the Secretary of the Interior to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant.

Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt. Prescribes a notice requirement for denial of an application.

Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit.

(Sec. 102) Requires that 50% of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development; and (2) either the U.S. Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands.

Title II: Administrative Protest Documentation Reform - (Sec. 201) Requires the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill.

Title III: Permit Streamlining - (Sec. 301) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM Field office with responsibility for permitting energy projects on federal land; and (2) enter into a related memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency (EPA), and the Chief of the Army Corps of Engineers.

Authorizes the Secretary to request that the governor of any state with energy projects on federal lands be a signatory to the memorandum of understanding.

Requires federal signatories to such memorandum to assign staff with special expertise in regulatory issues germane to field offices.

(Sec. 302) States that the Secretary shall not require a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005 with respect to review under the National Environmental Policy Act of 1969 (NEPA).

(A categorical exclusion [CE or CX] is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, as a consequence, neither an environmental assessment [EA] nor an environmental impact statement [EIS] is required. If a proposed action is included in the description provided for a listed CE established by an agency, the agency must check to make sure that no extraordinary circumstances exist that may cause the proposed action to have a significant effect in a particular situation. Extraordinary circumstances typically include such matters as effects to endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description in the agency's CE, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may qualify for application of a CE.)

(Sec. 303) Expresses the intent of Congress that: (1) this Act will support a growing U.S. domestic energy sector that helps to reinvigorate American manufacturing, transportation, and service sectors by employing U.S. workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable workers to benefit from this Act through good jobs and careers, and establishment of important industrial facilities to support expanded access to American energy resources.

Directs the Secretary when possible and practicable, to encourage the use of U.S. workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act.

Title IV: Judicial Review - (Sec. 402) States that venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed.

Sets forth procedures for judicial review of leasing of federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source of energy.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Historic Rehabilitation Tax Credit
Expansion Act of 1993''.

SEC. 2. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY
              LIMITATIONS.

    (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the
Internal Revenue Code of 1986 (relating to $25,000 offset for rental
real estate activities) are amended to read as follows:
            ``(2) Dollar limitations.--
                    ``(A) In general.--Except as otherwise provided in
                this paragraph, the aggregate amount to which paragraph
                (1) applies for any taxable year shall not exceed
                $25,000 reduced (but not below zero) by 50 percent of
                the amount (if any) by which the adjusted gross income
                of the taxpayer for the taxable year exceeds $100,000.
                    ``(B) Phaseout not applicable to low-income housing
                credit.--In the case of the portion of the passive
                activity credit for any taxable year which is
                attributable to any credit determined under section
                42--
                            ``(i) subparagraph (A) shall not apply, and
                            ``(ii) paragraph (1) shall not apply to the
                        extent that the deduction equivalent of such
                        portion exceeds--
                                    ``(I) $25,000, reduced by
                                    ``(II) the aggregate amount of the
                                passive activity loss (and the
                                deduction equivalent of any passive
                                activity credit which is not so
                                attributable and is not attributable to
                                the rehabilitation credit determined
                                under section 47) to which paragraph
                                (1) applies after the application of
                                subparagraph (A).
                    ``(C) $55,500 limit for rehabilitation credits.--In
                the case of the portion of the passive activity credit
                for any taxable year which is attributable to the
                rehabilitation credit determined under section 47--
                            ``(i) subparagraph (A) shall not apply, and
                            ``(ii) paragraph (1) shall not apply to the
                        extent that the deduction equivalent of such
                        portion exceeds--
                                    ``(I) $55,500, reduced by
                                    ``(II) the aggregate amount of the
                                passive activity loss (and the
                                deduction equivalent of any passive
                                activity credit which is not so
                                attributable) to which paragraph (1)
                                applies for the taxable year after the
                                application of subparagraphs (A) and
                                (B).
            ``(3) Adjusted gross income.--For purposes of paragraph
        (2)(A), adjusted gross income shall be determined without
        regard to--
                    ``(A) any amount includable in gross income under
                section 86,
                    ``(B) any amount excludable from gross income under
                section 135,
                    ``(C) any amount allowable as a deduction under
                section 219, and
                    ``(D) any passive activity loss.''.
    (b) Conforming Amendments.--
            (1) Subparagraph (B) of section 469(i)(4) of such Code is
        amended to read as follows:
                    ``(B) Reduction for surviving spouse's exemption.--
                For purposes of subparagraph (A), the $25,000 amounts
                under paragraph (2)(A) and (2)(B)(ii) and the $55,500
                amount under paragraph (2)(C)(ii) shall each be reduced
                by the amount of the exemption under paragraph (1)
                (determined without regard to the reduction contained
                in paragraph (2)(A)) which is allowable to the
                surviving spouse of the decedent for the taxable year
                ending with or within the taxable year of the
                estate.''.
            (2) Subparagraph (A) of section 469(i)(5) of such Code is
        amended by striking clauses (i), (ii), and (iii) and inserting
        the following:
                            ``(i) `$12,500' for `$25,000' in
                        subparagraphs (A) and (B)(ii) of paragraph (2),
                            ``(ii) `$50,000' for `$100,000' in
                        paragraph (2)(A)'', and
                            ``(iii) `$27,750' for `$55,500' in
                        paragraph (2)(C)(ii).''.
            (3) The subsection heading for subsection (i) of section
        469 of such Code is amended by striking ``$25,000''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service on or after May 5, 1993, in taxable
years ending on or after such date.

SEC. 3. REHABILITATION CREDIT ALLOWED TO OFFSET PORTION OF ALTERNATIVE
              MINIMUM TAX.

    (a) In General.--Section 38(c) of the Internal Revenue Code of 1986
(relating to limitation based on amount of tax) is amended by
redesignating paragraph (2) as paragraph (3) and by inserting after
paragraph (1) the following new paragraph:
            ``(2) Rehabilitation investment credit may offset portion
        of minimum tax.--
                    ``(A) In general.--In the case of the
                rehabilitation investment tax credit--
                            ``(i) this section and section 39 shall be
                        applied separately with respect to such credit,
                        and
                            ``(ii) for purposes of applying paragraph
                        (1) to such credit--
                                    ``(I) the tentative minimum tax
                                under subparagraph (A) thereof shall be
                                reduced by the minimum tax offset
                                amount determined under subparagraph
                                (B) of this paragraph, and
                                    ``(II) the limitation under
                                paragraph (1) (as modified by subclause
                                (I)) shall be reduced by the credit
                                allowed under subsection (a) for the
                                taxable year (other than the
                                rehabilitation investment tax credit).
                    ``(B) Minimum tax offset amount.--For purposes of
                subparagraph (A)(ii)(I), the minimum tax offset amount
                is an amount equal to--
                            ``(i) in the case of a taxpayer not
                        described in clause (ii), the lesser of--
                                    ``(I) 25 percent of the tentative
                                minimum tax for the taxable year, or
                                    ``(II) $20,000, or
                            ``(ii) in the case of a C corporation other
                        than a closely held C corporation (as defined
                        in section 469(j)(1)), 5 percent of the
                        tentative minimum tax for the taxable year.
                    ``(C) Rehabilitation investment tax credit.--For
                purposes of this paragraph, the term `regular
                investment tax credit' means the portion of the credit
                under subsection (a) which is attributable to the
                credit determined under section 47.''.
    (b) Conforming Amendment.--Section 38(d) (relating to components of
investment credit) is amended by adding at the end the following new
paragraph:
            ``(4) Special rule for rehabilitation credit.--
        Notwithstanding paragraphs (1) and (2), the rehabilitation
        investment tax credit (as defined in subsection (c)(2)(C))
        shall be treated as used last.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.

Output:
Historic Rehabilitation Tax Credit Expansion Act of 1993 - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules.
Allows the rehabilitation investment credit to offset a portion of tentative minimum tax.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Nevada Higher Education
Land Act of 2008''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) southern Nevada is one of the fastest growing regions
        in the United States, with 750,000 new residents added since
        2000 and 250,000 residents expected to be added by 2010;
            (2) the Nevada System of Higher Education serves more than
        70,000 undergraduate and graduate students in southern Nevada,
        with enrollment in the System expected to grow by 21 percent
        during the next 10 years, which would bring enrollment to a
        total of 85,000 students in the System;
            (3) the Nevada System of Higher Education campuses in
        southern Nevada comprise 1,200 acres, one of the smallest land
        bases of any major higher education system in the western
        United States;
            (4) the University of Nevada, Las Vegas, with 28,500
        students and 3,300 faculty and staff, is the fourth fastest-
        growing research university in the United States;
            (5) the College of Southern Nevada--
                    (A) serves 39,000 students each semester; and
                    (B) is near capacity at each of the 3 urban
                campuses of the College;
            (6) Pahrump, located in rural Nye County, Nevada--
                    (A) has grown by 20 percent since 2000; and
                    (B) has a small satellite campus of Great Basin
                College to serve the 40,500 residents of Pahrump,
                Nevada; and
            (7) the Nevada System of Higher Education needs additional
        land to provide for the future growth of the System,
        particularly for the University of Nevada, Las Vegas, the
        College of Southern Nevada, and the Pahrump campus of Great
        Basin College.
    (b) Purposes.--The purposes of this Act are--
            (1) to provide additional land for a thriving higher
        education system that serves the residents of fast-growing
        southern Nevada;
            (2) to provide residents of the State with greater
        opportunities to pursue higher education and the resulting
        benefits, which include increased earnings, more employment
        opportunities, and better health; and
            (3) to provide communities in southern Nevada the economic
        and societal values of higher education, including economic
        growth, lower crime rates, greater civic participation, and
        less reliance on social services.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board of regents.--The term ``Board of Regents'' means
        the Board of Regents of the Nevada System of Higher Education.
            (2) Campuses.--The term ``Campuses'' means the Great Basin
        College, College of Southern Nevada, and University of Las
        Vegas, Nevada, campuses.
            (3) Federal land.--The term ``Federal land'' means each of
        the 3 parcels of Bureau of Land Management land identified on
        the maps as ``Parcel to be Conveyed'', of which--
                    (A) approximately 40 acres is to be conveyed for
                the College of Southern Nevada;
                    (B) approximately 2,085 acres is to be conveyed for
                the University of Nevada, Las Vegas; and
                    (C) approximately 285 acres is to be conveyed for
                the Great Basin College.
            (4) Map.--The term ``Map'' means each of the 3 maps
        entitled ``Southern Nevada Higher Education Land Act'', dated
        July 11, 2008, and on file and available for public inspection
        in the appropriate offices of the Bureau of Land Management.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (6) State.--The term ``State'' means the State of Nevada.
            (7) System.--The term ``System'' means the Nevada System of
        Higher Education.

SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.

    (a) Conveyances.--
            (1) In general.--Notwithstanding section 202 of the Federal
        Land Policy and Management Act of 1976 (43 U.S.C. 1712) and
        section 1(c) of the Act of June 14, 1926 (commonly known as the
        ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and
        subject to all valid existing rights, the Secretary shall--
                    (A) not later than 180 days after the date of
                enactment of this Act, convey to the System, without
                consideration, all right, title, and interest of the
                United States in and to the Federal land for the Great
                Basin College and the College of Southern Nevada; and
                    (B) not later than 180 days after the receipt of
                certification of acceptable remediation of
                environmental conditions existing on the parcel to be
                conveyed for the University of Nevada, Las Vegas,
                convey to the System, without consideration, all right,
                title, and interest of the United States in and to the
                Federal land for the University of Nevada, Las Vegas.
            (2) Phases.--The Secretary may phase the conveyance of the
        Federal land under paragraph (1)(B) as remediation is
        completed.
    (b) Conditions.--
            (1) In general.--As a condition of the conveyance under
        subsection (a)(1), the Board of Regents shall agree in
        writing--
                    (A) to pay any administrative costs associated with
                the conveyance, including the costs of any
                environmental, wildlife, cultural, or historical
                resources studies;
                    (B) to use the Federal land conveyed for
                educational and recreational purposes;
                    (C) to release and indemnify the United States from
                any claims or liabilities that may arise from uses
                carried out on the Federal land on or before the date
                of enactment of this Act by the United States or any
                person;
                    (D) as soon as practicable after the date of the
                conveyance under subsection (a)(1), to erect at each of
                the Campuses an appropriate and centrally located
                monument that acknowledges the conveyance of the
                Federal land by the United States for the purpose of
                furthering the higher education of the citizens in the
                State; and
                    (E) to assist the Bureau of Land Management in
                providing information to the students of the System and
                the citizens of the State on--
                            (i) public land (including the management
                        of public land) in the Nation; and
                            (ii) the role of the Bureau of Land
                        Management in managing, preserving, and
                        protecting the public land in the State.
            (2) Agreement with nellis air force base.--As a condition
        of the conveyance of the Federal land for the University of
        Nevada, Las Vegas under subsection (a)(1)(B), the Board of
        Regents shall enter into a cooperative interlocal agreement
        with Nellis Air Force Base that is consistent with the missions
        of the System and the United States Air Force.
    (c) Use of Federal Land.--
            (1) In general.--The System may use the Federal land
        conveyed under subsection (a)(1) for--
                    (A) any purpose relating to the establishment,
                operation, growth, and maintenance of the System; and
                    (B) any uses relating to the purposes, including
                residential and commercial development that would
                generally be associated with an institution of higher
                education.
            (2) Other entities.--The System may--
                    (A) consistent with Federal and State law, lease,
                or otherwise provide property or space at, the
                Campuses, with or without consideration, to religious,
                public interest, community, or other groups for
                services and events that are of interest to the System
                or to any community located in southern Nevada;
                    (B) allow any other communities in southern Nevada
                to use facilities of the Campuses for educational and
                recreational programs of the community; and
                    (C) in conjunction with the city of Las Vegas,
                North Las Vegas, or Pahrump or Clark or Nye County
                plan, finance (including through the provision of cost-
                share assistance), construct, and operate facilities
                for the city of Las Vegas, North Las Vegas, or Pahrump
                or Clark or Nye County on the Federal land conveyed for
                educational or recreational purposes consistent with
                this section.
    (d) Reversion.--
            (1) In general.--If the Federal land or any portion of the
        Federal land conveyed under subsection (a)(1) ceases to be used
        for the System, the Federal land, or any portion of the Federal
        land shall, at the discretion of the Secretary, revert to the
        United States.
            (2) University of nevada, las vegas.--If the System fails
        to complete the first building or show progression toward
        development of the University of Nevada, Las Vegas campus on
        the applicable parcels of Federal land by the date that is 50
        years after the date of receipt of certification of acceptable
        remediation of environmental conditions, the parcels of the
        Federal land described in section 3(3)(B) shall, at the
        discretion of the Secretary, revert to the United States.

Output:
Southern Nevada Higher Education Land Act of 2008 - Directs the Secretary of the Interior to convey three parcels of Bureau of Land Management (BLM) land to: (1) the Nevada System of Higher Education for the Great Basin College and the College of Southern Nevada; and (2) the System for the University of Nevada, Las Vegas.

Specifies that the Nevada System of Higher Education may use the conveyed federal land for any purpose relating to the establishment, operation, growth, and maintenance of the System and for any uses related to such purposes, including residential and commercial development that would generally be associated with an institution of higher education.


Input:
SECTION 1. CODIFICATION AND MODIFICATION OF PERMANENT PROVISION
              RELATING TO BUY AMERICAN REQUIREMENTS.

    (a) Buy American Requirements.--(1) Chapter 148 of title 10, United
States Code, is amended by inserting after section 2533 the following
new section:
``Sec. 2533a. Requirement to buy certain articles from American
              sources; exceptions
    ``(a) Requirement.--Except as provided in subsections (c) through
(g), funds appropriated or otherwise available to the Department of
Defense may not be used for the procurement of an item described in
subsection (b) if the item is not grown, reprocessed, reused, or
produced in the United States.
    ``(b) Covered Items.--An item referred to in subsection (a) is any
of the following:
            ``(1) An article or item of--
                    ``(A) food;
                    ``(B) clothing;
                    ``(C) tents, tarpaulins, or covers;
                    ``(D) cotton and other natural fiber products,
                woven silk or woven silk blends, spun silk yarn for
                cartridge cloth, synthetic fabric or coated synthetic
                fabric (including all textile fibers and yarns that are
                for use in such fabrics), canvas products, or wool
                (whether in the form of fiber or yarn or contained in
                fabrics, materials, or manufactured articles); or
                    ``(E) any item of individual equipment manufactured
                from or containing such fibers, yarns, fabrics, or
                materials.
            ``(2) Specialty metals, including stainless steel flatware.
            ``(3) Hand or measuring tools.
    ``(c) Exception.--The Secretary of Defense or the Secretary of the
military department concerned may waive the requirement in subsection
(a)--
            ``(1) if such Secretary determines that satisfactory
        quality and sufficient quantity of any such article or item
        described in subsection (b)(1) or specialty metals (including
        stainless steel flatware) grown, reprocessed, reused, or
        produced in the United States cannot be procured as and when
        needed at United States market prices;
            ``(2) such Secretary has notified the Committees on
        Appropriations, Armed Services, and Small Business of the House
        of Representatives and the Senate; and
            ``(3) 30 days have elapsed since the date of the
        notification of such committees.
    ``(d) Exception for Certain Procurements Outside the United
States.--Subsection (a) does not apply to the following:
            ``(1) Procurements outside the United States in support of
        combat operations.
            ``(2) Procurements by vessels in foreign waters.
            ``(3) Emergency procurements or procurements of perishable
        foods by an establishment located outside the United States for
        the personnel attached to such establishment.
    ``(e) Exception for Specialty Metals and Chemical Warfare
Protective Clothing.--Subsection (a) does not preclude the procurement
of specialty metals or chemical warfare protective clothing produced
outside the United States if--
            ``(1) such procurement is necessary--
                    ``(A) to comply with agreements with foreign
                governments requiring the United States to purchase
                supplies from foreign sources for the purposes of
                offsetting sales made by the United States Government
                or United States firms under approved programs serving
                defense requirements; or
                    ``(B) in furtherance of agreements with foreign
                governments in which both such governments agree to
                remove barriers to purchases of supplies produced in
                the other country or services performed by sources of
                the other country; and
            ``(2) any such agreement with a foreign government
        complies, where applicable, with the requirements of section 36
        of the Arms Export Control Act (22 U.S.C. 2776) and with
        section 2457 of this title.
    ``(f) Exception for Certain Foods.--Subsection (a) does not
preclude the procurement of foods manufactured or processed in the
United States.
    ``(g) Exception for Small Purchases.--Subsection (a) does not apply
to purchases for amounts not greater than the simplified acquisition
threshold referred to in section 2304(g) of this title.
    ``(h) Applicability to Contracts and Subcontracts for Procurement
of Commercial Items.--This section is applicable to contracts and
subcontracts for the procurement of commercial items notwithstanding
section 34 of the Office of Federal Procurement Policy Act (41 U.S.C.
430).
    ``(i) Geographic Coverage.--In this section, the term `United
States' includes the commonwealths, territories, and possessions of the
United States.''.
    (2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 2533 the
following new item:

``2533a. Requirement to buy certain articles from American sources;
                            exceptions.''.
    (b) Repeal of Source Provisions.--The following provisions of law
are repealed:
            (1) Section 9005 of the Department of Defense
        Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241
        note).
            (2) Section 8109 of the Department of Defense
        Appropriations Act, 1997 (as contained in section 101(b) of
        Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).

Output: Codifies under Federal armed forces law certain provisions under prior defense appropriations Acts which prohibit funds appropriated or otherwise made available to the Department of Defense from being used to procure the following items if such items are not grown, reprocessed, reused, or produced in the United States: (1) food; (2) clothing; (3) tents, tarpaulins, or covers; (4) cotton and other natural fiber products, silk or silk blends, synthetic fabrics, canvas products, or wool; (5) any equipment manufactured from or containing such fibers, yarns, fabrics, or materials; (6) specialty metals, including stainless steel flatware; and (7) hand or measuring tools. Allows an exception: (1) when the item cannot be procured when needed (after certain congressional notification); (2) for certain procurements outside the United States; (3) for certain specialty metals and chemical warfare protective clothing procured outside the United States; (4) for foods manufactured or processed in the United States; and (5) for small purchases under the defense simplified acquisition threshold.Makes such prohibitions applicable to contracts for the procurement of commercial items under the Office of Federal Procurement Policy Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs
Purchased Health Care Streamlining and Modernization Act''.

SEC. 2. AGREEMENTS.

    (a) In General.--Subchapter I of chapter 17 of title 38, United
States Code, is amended by inserting after section 1703 the following
new section:
``Sec. 1703A. Veterans Care Agreements with certain health care
              providers
    ``(a) Veterans Care Agreements.--(1) In addition to furnishing
hospital care, medical services, or extended care under this chapter at
facilities of the Department or under contracts or sharing agreements
entered into pursuant to provisions of law other than this section, the
Secretary may furnish such care and services to eligible veterans
through the use of agreements entered into under this section by the
Secretary with eligible providers.
    ``(2) The Secretary may enter into Veterans Care Agreements under
this section with eligible providers to furnish hospital care, medical
services, and extended care to veterans whom the Secretary determines
that furnishing such care and services at facilities of the Department
or under contracts or sharing agreements under provisions of law other
than this section is impracticable or inadvisable because of the
medical condition of the veteran, the travel involved, or the nature of
the care or services required, or a combination of such factors.
    ``(b) Veteran Eligibility.--Eligibility of a veteran for care and
services under this section shall be determined as if such care or
services were furnished in a facility of the Department, and provisions
of this title applicable to veterans receiving such care and services
in a facility of the Department shall apply to veterans receiving care
and services under this section.
    ``(c) Provider Eligibility.--Subject to the certification process
pursuant to subsection (d)(1), a provider of hospital care, medical
services, or extended care is eligible to enter into a Veterans Care
Agreement under this section if the Secretary determines that the
provider meets each of the following criteria:
            ``(1) The gross annual revenue of the provider in the year
        preceding the year in which the provider enters into the
        Veterans Care Agreement does not exceed $11,000,000 (as
        adjusted in a manner similar to amounts adjusted pursuant to
        section 5312 of this title).
            ``(2) The provider does not otherwise provide such care or
        services to patients pursuant to a contract entered into with a
        department or agency of the Federal Government.
            ``(3) The provider is--
                    ``(A) a provider of services that has enrolled and
                entered into a provider agreement under section 1866(a)
                of the Social Security Act (42 U.S.C. 1395cc(a));
                    ``(B) a physician or supplier that has enrolled and
                entered into a participation agreement under section
                1842(h) of such Act (42 U.S.C. 1395u(h));
                    ``(C) a provider of items and services receiving
                payment under a State plan under title XIX of such Act
                (42 U.S.C. 1396 et seq.) or a waiver of such a plan;
                    ``(D) an Aging and Disability Resource Center, an
                area agency on aging, or a State agency (as defined in
                section 102 of the Older Americans Act of 1965 (42
                U.S.C. 3002)); or
                    ``(E) a center for independent living (as defined
                in section 702 of the Rehabilitation Act of 1973 (29
                U.S.C. 796a)).
            ``(4) Any additional criteria determined appropriate by the
        Secretary.
    ``(d) Provider Certification.--(1) The Secretary shall establish a
process for the certification of eligible providers to enter into
Veterans Care Agreements under this section that shall, at a minimum,
set forth the following:
            ``(A) Procedures for the submission of applications for
        certification and deadlines for actions taken by the Secretary
        with respect to such applications.
            ``(B) Standards and procedures for the approval and denial
        of certifications and the revocation of certifications.
            ``(C) Procedures for assessing eligible providers based on
        the risk of fraud, waste, and abuse of such providers similar
        to the level of screening under section 1866(j)(2)(B) of the
        Social Security Act (42 U.S.C. 1395(j)(2)(B)) and the standards
        set forth under section 9.104 of title 48, Code of Federal
        Regulations, or any successor regulation.
            ``(D) Requirement for denial or revocation of certification
        if the Secretary determines that the otherwise eligible
        provider is--
                    ``(i) excluded from participation in a Federal
                health care program (as defined in section 1128B(f) of
                the Social Security Act (42 U.S.C. 1320a-7b(f))) under
                section 1128 or 1128A of the Social Security Act (42
                U.S.C. 1320a-7 and 1320a-7a); or
                    ``(ii) identified as an excluded source on the list
                maintained in the System for Award Management, or any
                successor system.
            ``(E) Procedures by which a provider whose certification is
        denied or revoked under the procedures established under this
        subsection will be identified as an excluded source on the list
        maintained in the System for Award Management, or successor
        system, if the Secretary determines that such exclusion is
        appropriate.
    ``(2) To the extent practicable, the Secretary shall establish the
procedures under paragraph (1) in a manner that takes into account any
certification process administered by another department or agency of
the Federal Government that an eligible provider has completed by
reason of being a provider described in any of subparagraphs (A)
through (E) of subsection (c)(3).
    ``(e) Terms of Agreements.--The Secretary shall ensure that each
Veterans Care Agreement include provisions requiring the eligible
provider to do the following:
            ``(1) To accept payment for care and services furnished
        under this section at rates established by the Secretary for
        purposes of this section, which shall be, to the extent
        practicable--
                    ``(A) the rates paid by the United States for such
                care to providers of services and suppliers under the
                Medicare program under title XVIII of the Social
                Security Act (42 U.S.C. 1395 et seq.);
                    ``(B) the rates paid by the United States pursuant
                to the Alaska Fee Schedule of the Department of
                Veterans Affairs;
                    ``(C) the rates paid by the United States pursuant
                to an All-Payer Model Agreement under the Social
                Security Act; or
                    ``(D) the rates paid by the United States in a
                highly rural area pursuant to section
                101(d)(2)(B)(ii)(I) of the Veterans Access, Choice, and
                Accountability Act of 2014 (38 U.S.C. 1701 note).
            ``(2) To accept payment under paragraph (1) as payment in
        full for care and services furnished under this section and to
        not seek any payment for such care and services from the
        recipient of such care.
            ``(3) To furnish under this section only the care and
        services authorized by the Department under this section unless
        the eligible provider receives prior written consent from the
        Department to furnish care and services outside the scope of
        such authorization.
            ``(4) To bill the Department for care and services
        furnished under this section in accordance with a methodology
        established by the Secretary for purposes of this section.
            ``(5) Not to seek to recover or collect from a health-plan
        contract or third party (as those terms are defined in section
        1729 of this title) for any care or services for which payment
        is made by the Department under this section.
            ``(6) To provide medical records for veterans furnished
        care and services under this section to the Department in a
        timeframe and format specified by the Secretary for purposes of
        this section, except the Secretary may not require that any
        payment by the Secretary to the eligible provider be contingent
        on such provision of medical records.
            ``(7) To meet other such terms and conditions, including
        quality of care assurance standards, as the Secretary may
        specify for purposes of this section.
    ``(f) Exclusion of Certain Federal Contracting Provisions.--(1)
Notwithstanding any other provision of law, the Secretary may enter
into a Veterans Care Agreement using procedures other than competitive
procedures.
    ``(2)(A) Except as provided in subparagraph (B) and unless
otherwise provided in this section, an eligible provider that enters
into a Veterans Care Agreement under this section is not subject to, in
the carrying out of the agreement, any provision of law that providers
of services and suppliers under the original Medicare fee-for-service
program under parts A and B of title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) or the Medicaid program under title XIX of
such Act (42 U.S.C. 1396 et seq.) are not subject to.
    ``(B) In addition to the provisions of laws covered by subparagraph
(A), an eligible provider shall be subject to the following provisions
of law:
            ``(i) Any applicable law regarding integrity, ethics, or
        fraud, or that subject a person to civil or criminal penalties.
            ``(ii) Section 431 of title 18.
            ``(iii) Section 1352 of title 31, except for the filing
        requirements under subsection (b) of such section.
            ``(iv) Section 4705 or 4712 of title 41, and any other
        applicable law regarding the protection of whistleblowers.
            ``(v) Section 4706(d) of title 41.
            ``(vi) Title VII of the Civil Rights Act of 1964 (42 U.S.C.
        2000e et seq.) to the same extent as such title applies with
        respect to the eligible provider in providing care or services
        through an agreement or arrangement other than under a Veterans
        Care Agreement.
    ``(C) An eligible provider that receives a payment from the Federal
Government pursuant to a Veterans Care Agreement shall not be treated
as a Federal contractor or subcontractor by the Office of Federal
Contract Compliance Programs of the Department of Labor based on the
work performed or actions taken by such eligible provider that resulted
in the receipt of such payments.
    ``(g) Termination of Veterans Care Agreement.--(1) An eligible
provider may terminate a Veterans Care Agreement with the Secretary
under this section at such time and upon such notice to the Secretary
as the Secretary may specify for purposes of this section.
    ``(2) The Secretary may terminate a Veterans Care Agreement with an
eligible provider under this section at such time and upon such notice
to the eligible provider as the Secretary may specify for the purposes
of this section, if the Secretary--
            ``(A) determines that the eligible provider failed to
        comply with the provisions of the agreement or this section or
        other applicable provision of law;
            ``(B) makes a revocation pursuant to subsection (d)(1)(4);
            ``(C) ascertains that the eligible provider has been
        convicted of a felony or other serious offense under Federal or
        State law and determines that the continued participation of
        the eligible provider would be detrimental to the best
        interests of veterans of the Department; or
            ``(D) determines that it is reasonable to terminate the
        agreement based on the health care needs of veterans.
    ``(h) Duration; Mandatory Reviews.--(1) Each Veterans Care
Agreement entered into under this section shall be for a two-year
period unless the Secretary extends the agreement pursuant to paragraph
(2)(B).
    ``(2)(A) During the 180-day period beginning 540 days after the
date on which a Veterans Care Agreement is entered into or renewed, the
Secretary shall review the agreement to determine whether it is
feasible and advisable to instead furnish the hospital care, medical
services, or extended care furnished under the agreement at facilities
of the Department or through contracts or sharing agreements entered
into under authorities other than this section.
    ``(B) If the Secretary determines under subparagraph (A) that it is
not feasible and advisable to instead furnish hospital care, medical
services, or extended care furnished under a Veterans Care Agreement at
facilities of the Department or through contracts or sharing agreements
entered into under authorities other than this section, the Secretary--
            ``(i) shall prepare a written memorandum of such
        determination; and
            ``(ii) may renew such agreement.
    ``(i) Disputes.--(1) The Secretary shall establish administrative
procedures for eligible providers with which the Secretary has entered
into a Veterans Care Agreement to present any dispute arising under or
related to the agreement.
    ``(2) Before using any dispute resolution mechanism under chapter
71 of title 41 with respect to a dispute arising under a Veterans Care
Agreement under this section, an eligible provider must first exhaust
the administrative procedures established by the Secretary under
paragraph (1).
    ``(j) Annual Reports.--Not later than October 1 of the year
following the fiscal year in which the Secretary first enters into a
Veterans Care Agreement, and each year thereafter, the Secretary shall
submit to the appropriate congressional committees an annual report
that includes--
            ``(1) a list of all Veterans Care Agreements entered into
        as of the date of the report; and
            ``(2) summaries of each determination made by the Secretary
        under subsection (h)(2) during the fiscal year covered by the
        report.
    ``(k) Quality of Care.--In carrying out this section, the Secretary
shall use the quality of care standards set forth or used by the
Centers for Medicare & Medicaid Services.
    ``(l) Delegation.--The Secretary may delegate the authority to
enter into or terminate a Veterans Care Agreement, or to make a
determination described in subsection (h)(2), at a level not below the
Assistant Deputy Under Secretary for Health for Community Care.
    ``(m) Sunset.--The Secretary may not enter into or renew a Veterans
Care Agreement under this section after the date that is five years
after the enactment of this Act.
    ``(n) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees'
        means--
                    ``(A) the Committees on Veterans' Affairs of the
                House of Representatives and the Senate; and
                    ``(B) the Committees on Appropriations of the House
                of Representatives and the Senate.
            ``(2) The term `eligible provider' means a provider of
        hospital care, medical services, or extended care that the
        Secretary determines is eligible to enter into Veterans Care
        Agreements under subsection (c).
            ``(3) The term `Veterans Care Agreement' means an agreement
        entered into by the Secretary with an eligible provider under
        subsection (a)(1).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item related
to section 1703 the following new item:

``1703A. Veterans Care Agreements with certain health care
                            providers.''.
    (c) Regulations.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe interim final regulations to implement section 1703A of title
38, United States Code, as added by subsection (a), and publish such
regulations in the Federal Register.

Output: Department of Veterans Affairs Purchased Health Care Streamlining and Modernization Act This bill authorizes the Department of Veterans Affairs (VA), in addition to furnishing hospital care, medical services, or extended care at VA facilities or under contracts or sharing agreements, to furnish such care and services to eligible veterans through the use of Veterans Care Agreements with eligible providers.  An eligible provider is:  a provider whose income in the year preceding the year of entering into an agreement did not exceed $11 million; a provider who does not otherwise provide such care or services pursuant to a federal contract; and  a physician or provider of Medicaid or Medicare services, an Aging and Disability Resource Center, an area agency on aging, or a center for independent living.  The VA shall: (1) establish a certifying process for providers, (2) review agreements at least once every two years, and (3) use the quality of care standards set forth or used by the Centers for Medicare & Medicaid Services. The VA may enter into an agreement using non-competitive procedures.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Foreign Credit Reform Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Unsustainable debt in the world's poorest countries
        constitutes a serious impediment to the development of stable
        democratic political structures, broad-based economic growth,
        poverty eradication, and food security.
            (2) Financing should be appropriate for the purposes for
        which it is used and should, to the maximum extent possible,
        generate a return sufficient to pay the principal and interest
        due. As such, long-term lending for perishable goods, such as
        food commodities, may be construed as inappropriate to the
        extent that it places a long-term debt burden on the recipient
        country without generating sufficient revenues with which to
        service the debt.
            (3) Since 1955, the United States has extended more than
        $27,800,000,000 in loans for food under title I of the
        Agricultural Trade Development and Assistance Act of 1954
        (commonly referred to as ``PL 480''), $10,632,858,000 of which
        remained outstanding at the end of 2002.
            (4) As of December 31, 2002, arrears on principal and
        interest payments under title I of PL 480 totaled
        $1,241,472,000.
            (5) Since 1992 the United States provided the independent
        states of the former Soviet Union with $1,601,500,000 in loans
        for food under title I of PL 480, for which these countries are
        estimated to have paid $112,748,000 in principal and interest
        in 2003. Russia alone has received $1,035,000,000 in credits,
        paying an estimated $79,695,000 in principal and interest in
        2003.
            (6) Rising debt stocks and debt-to-export ratios may
        undermine a country's credit worthiness and jeopardize its
        ability to borrow from commercial lenders.
            (7) Debt reduction contributes marginally to a country's
        development prospects if new debt is allowed to create the next
        generation of heavy indebtedness. Therefore, President Bush's
        initiative, adopted by Group of Seven (G-7) leaders at the June
        2002 summit, to increase World Bank grant assistance to the
        most heavily indebted poor countries is a crucial step toward
        alleviating poverty, curbing future unsustainable debt, and
        providing for urgent human needs in countries in which people
        live on less than one dollar a day. Replacing loans with
        targeted grants will eliminate the need for governments to
        repay long-term investments in people, especially for
        education, health, nutrition, water supply, and sanitation
        purposes.
            (8) The G-7 agreement at the June 2002 summit to fully fund
        the remaining costs of the enhanced Heavily Indebted Poor
        Country (HIPC) initiative is essential to ensuring that
        eligible debt-distressed nations receive full benefits under
        the HIPC debt relief measure.
            (9) The United States has been a leading voice for more
        than a decade in international debt reduction initiatives for
        poor countries, including a 1991 initiative to cancel
        $689,000,000 in food loans under title I of PL 480 owed by 15
        sub-Saharan African countries.
            (10) The United States must continue its leadership role to
        encourage full participation by all Paris Club creditors in
        multilateral debt negotiations.
            (11) Several poor countries that are not eligible for
        enhanced HIPC debt reduction terms face a severe debt overhang
        that undermines increased resource allocation for development
        and discourages productive investment.
            (12) The World Bank, which has provided over $1,700,000,000
        since 1986 to fight the spread of HIV/AIDS, should continue to
        place the highest priority on programs to combat infectious
        diseases, including HIV/AIDS, malaria, and tuberculosis.
            (13) Debt reduction is an important, but only partial
        solution to long-term development. Promoting an environment
        that will stimulate internal economic growth, promote trade and
        external investment, and encourage responsible governance are
        the most important ingredients for sustainable growth.

                   TITLE I--MULTILATERAL DEBT RELIEF

SEC. 101. SUPPORT FOR THE HIPC TRUST FUND.

    Section 801(b)(1) of H.R. 5526 of the 106th Congress, as introduced
on October 24, 2000, and enacted into law by section 101(a) of Public
Law 106-429 (and contained in the appendix thereto) is amended by
striking ``2003, $435,000,000'' and inserting ``2006, such sums as may
be necessary''.

SEC. 102. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND.

    The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is further
amended by adding at the end the following:

``SEC. 64. DEBT SERVICE REINVESTED INTO THE GLOBAL FUND.

    ``(a) Negotiation of Agreement.--The Secretary of the Treasury
shall seek to negotiate an agreement among the member countries of the
Bank and the Fund, under which, on approval by the Global Fund of a
grant proposal originating from an eligible country, the Bank and the
Fund shall make a contribution to the Global Fund in an amount equal to
the amount of the grant award for the year, except that the total
amount of the contributions so made with respect to the country during
a year shall not exceed the total amount of debt service payments made
by the country to the Bank and the Fund during the year.
    ``(b) Definitions.--In this section:
            ``(1) Global fund.--The term `Global Fund' means the
        public-private partnership known as the Global Fund to Fight
        AIDS, Tuberculosis and Malaria that was established upon the
        call of the United Nations Secretary General in April 2001.
            ``(2) Eligible country.--The term `eligible country' means
        a country--
                    ``(A) which has received debt relief under the
                Enhanced HIPC Initiative; and
                    ``(B) in which the prevalence of HIV/AIDS among
                individuals who have attained 15 years of age but have
                not attained 49 years of age is not less than 5
                percent.
            ``(3) Enhanced hipc initiative.--The term `Enhanced HIPC
        Initiative' means the multilateral debt initiative for heavily
        indebted poor countries presented in the Report of G-7 Finance
        Ministers on the Cologne Debt Initiative to the Cologne
        Economic Summit, Cologne, June 18-20, 1999.
            ``(4) HIV/AIDS.--The term `HIV/AIDS' means, with respect to
        an individual, an individual who is infected with HIV or living
        with AIDS.
            ``(5) HIV.--The term `HIV' means the human immunodeficiency
        virus, the pathogen that causes AIDS.
            ``(6) AIDS.--The term `AIDS' means the acquired immune
        deficiency syndrome.''.

                    TITLE II--BILATERAL DEBT RELIEF

SEC. 201. ACTIONS TO PROVIDE BILATERAL DEBT RELIEF.

    Section 501(i) of H.R. 3425 of the 106th Congress, as introduced on
November 17, 1999, and enacted into law by section 1000(a)(5) of Public
Law 106-113 (and contained in Appendix E thereto), is amended by
striking ``2004'' and inserting ``2005''.

SEC. 202. DEBT FORGIVENESS UNDER TITLE I OF PUBLIC LAW 480.

    (a) Debt Forgiveness.--For each of the fiscal years 2005 and 2006,
the President is authorized and encouraged to use the authority of
section 411 of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1736e) to waive payments of principal and interest that
a country described in subsection (b) would otherwise be required to
make to the Commodity Credit Corporation under dollar sales agreements
under title I of such Act (7 U.S.C. 1701 et seq.).
    (b) Country Described.--A country referred to in subsection (a) is
a country--
            (1) which has outstanding public and publicly guaranteed
        debt, the net present value of which on December 31, 2003, was
        at least 150 percent of the value of exports of the country in
        2003; or
            (2) whose debt service payments on public and publicly
        guaranteed debt exceeded 8 percent of the value of its exports
        in 2003.
    (c) Applicable Provisions.--Except to the extent inconsistent with
the provisions of this section, section 411 of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1736e) (except
subsection (e) of such section) shall apply with respect to the
authority to waive payments of principal and interest under this
section to the same extent and in the same manner as such section
applies to the authority to waive payments of principal and interest
under section 411 of such Act.
    (d) Authorization of Appropriations.--For the cost (as defined in
section 502 of the Federal Credit Reform Act of 1990) for the reduction
or cancellation of any debt pursuant to this section, there are
authorized to be appropriated to the President for each of the fiscal
years 2005 and 2006 such sums as may be necessary.

SEC. 203. MISCELLANEOUS AMENDMENTS.

    (a) Financing Assistance Under Title I of Public Law 480.--Section
101(b) of the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1701(b)) is amended--
            (1) by striking ``To carry out the policies'' and inserting
        the following:
            ``(1) In general.--To carry out the policies'';
            (2) by striking ``developing countries'' and inserting
        ``developing countries described in paragraph (2)''; and
            (3) by adding at the end the following:
            ``(2) Developing country described.--A developing country
        referred to in paragraph (1) is a developing country that meets
        the following requirements:
                    ``(A) The country is not prohibited from receiving
                assistance under the Foreign Assistance Act of 1961 by
                reason of the application of section 620(q) of such Act
                and irrespective of whether or not the President has
                determined that assistance to the country is in the
                national interest of the United States.
                    ``(B) The country is not in default, during a
                period in excess of six calendar months, in payment to
                the United States of principal or interest on any loan
                made to such country under this title or under any
                other provision of law.
                    ``(C) The country is not a low-income country or
                lower-middle income country, as defined by the
                International Bank for Reconstruction and Development
                in its World Development Indicators Report (issued in
                April 2004 and updated annually).
                    ``(D) The country is not a severely-indebted
                country or moderately-indebted country as defined by
                the International Bank for Reconstruction and
                Development in its World Development Indicators Report
                (issued in April 2004 and updated annually).''.
    (b) Economic Assistance Under the Foreign Assistance Act of 1961.--
Section 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(q)) is amended--
            (1) by inserting after ``under this Act'' the second place
        it appears the following: ``or under title I of the
        Agricultural Trade Development and Assistance Act of 1954 (7
        U.S.C. 1701 et seq.)''; and
            (2) by adding at the end the following: ``A determination
        by the President under the preceding sentence that assistance
        to a country is in the national interest of the United States
        shall be effective for a period not to exceed one calendar
        year.''.

Output:
Foreign Credit Reform Act of 2004 - Amends Federal law to extend authorization of appropriations for the U.S. contribution to the Heavily Indebted Poor Country (HIPC) Trust Fund.

Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to negotiate an agreement under which the International Bank for Reconstruction and Development and the International Monetary Fund shall contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria an amount equal to the amount of a country's annual debt service made to the Bank and the Fund.

Authorizes the President to waive certain Agricultural Trade Development and Assistance Act of 1954 principal and interest payments owed to the Commodity Credit Corporation by eligible debt-heavy countries for FY 2005 and 2006. Amends such Act to define "developing country" for purposes of title I assistance.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Educational Opportunity for All Act
of 2005''.

SEC. 2. EDUCATIONAL OPPORTUNITY FOR ALL TAX CREDIT.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by redesignating
section 36 as section 37 and by inserting after section 35 the
following new section:

``SEC. 36. EDUCATIONAL OPPORTUNITY TAX CREDIT.

    ``(a) Allowance of Credit.--
            ``(1) In general.--There shall be allowed as a credit
        against the tax imposed by this subtitle for the taxable year
        an amount equal to the qualified tuition expenses paid by the
        taxpayer during the taxable year (for education furnished
        during any academic period beginning in such taxable year).
            ``(2) Per student limitation.--The credit allowed under
        this section shall not exceed $4,000 with respect to any
        individual.
    ``(b) Election Not to Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the qualified tuition
expenses of an individual for any taxable year.
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified tuition expenses.--
                    ``(A) In general.--The term `qualified tuition
                expenses' means tuition required for the enrollment or
                attendance of--
                            ``(i) the taxpayer,
                            ``(ii) the taxpayer's spouse, or
                            ``(iii) any dependent of the taxpayer with
                        respect to whom the taxpayer is allowed a
                        deduction under section 151,
                at an eligible educational institution for courses of
                instruction of such individual at such institution.
                    ``(B) Exception for education involving sports,
                etc.--Such term does not include expenses with respect
                to any course or other education involving sports,
                games, or hobbies, unless such course or other
                education is part of the individual's degree program.
                    ``(C) Exception for nonacademic fees.--Such term
                does not include student activity fees, athletic fees,
                insurance expenses, or other fees or expenses unrelated
                to an individual's academic course of instruction.
                    ``(D) Job improvement included.--Such term shall
                include tuition expenses described in subparagraph (A)
                with respect to any course of instruction at an
                eligible educational institution to acquire or improve
                job skills.
            ``(2) Eligible educational institution.--The term `eligible
        educational institution' means an institution--
                    ``(A) which is described in section 481 of the
                Higher Education Act of 1965 (20 U.S.C. 1088), as in
                effect on the date of the enactment of the Taxpayer
                Relief Act of 1997, and
                    ``(B) which is eligible to participate in a program
                under title IV of such Act.
    ``(d) Special Rules.--
            ``(1) Identification requirement.--No credit shall be
        allowed under subsection (a) to a taxpayer with respect to the
        qualified tuition expenses of an individual unless the taxpayer
        includes the name and taxpayer identification number of such
        individual on the return of tax for the taxable year.
            ``(2) Adjustment for certain scholarships, etc.--The amount
        of qualified tuition expenses otherwise taken into account
        under subsection (a) with respect to an individual for an
        academic period shall be reduced by the sum of any amounts paid
        for the benefit of such individual which are allocable to such
        period as--
                    ``(A) a qualified scholarship which is excludable
                from gross income under section 117,
                    ``(B) an educational assistance allowance under
                chapter 30, 31, 32, 34, or 35 of title 38, United
                States Code, or under chapter 1606 of title 10, United
                States Code, and
                    ``(C) a payment (other than a gift, bequest,
                devise, or inheritance within the meaning of section
                102(a)) for such individual`s educational expenses, or
                attributable to such individual's enrollment at an
                eligible educational institution, which is excludable
                from gross income under any law of the United States.
            ``(3) Treatment of expenses paid by dependent.--If a
        deduction under section 151 with respect to an individual is
        allowed to another taxpayer for a taxable year beginning in the
        calendar year in which such individual's taxable year begins--
                    ``(A) no credit shall be allowed under subsection
                (a) to such individual for such individual's taxable
                year, and
                    ``(B) qualified tuition expenses paid by such
                individual during such individual's taxable year shall
                be treated for purposes of this section as paid by such
                other taxpayer.
            ``(4) Treatment of certain prepayments.--If qualified
        tuition expenses are paid by the taxpayer during a taxable year
        for an academic period which begins during the first 3 months
        following such taxable year, such academic period shall be
        treated for purposes of this section as beginning during such
        taxable year.
            ``(5) Denial of double benefit.--No credit shall be allowed
        under this section for any expense for which a deduction is
        allowed under any other provision of this chapter.
            ``(6) Coordination with hope scholarship and lifetime
        learning credits.--The qualified tuition and related expenses
        with respect to an individual for whom a Hope Scholarship
        Credit or the Lifetime Learning Credit under section 25A is
        allowed for the taxable year shall not be taken into account
        under this section.
            ``(7)  No credit for married individuals filing separate
        returns.--If the taxpayer is a married individual (within the
        meaning of section 7703), this section shall apply only if the
        taxpayer and the taxpayer's spouse file a joint return for the
        taxable year.
            ``(8) Nonresident aliens.--If the taxpayer is a nonresident
        alien individual for any portion of the taxable year, this
        section shall apply only if such individual is treated as a
        resident alien of the United States for purposes of this
        chapter by reason of an election under subsection (g) or (h) of
        section 6013.
    ``(e) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any amount which was taken into account in determining the amount of
such credit.''.
    (b) Refundability of Credit.--Paragraph (2) of section 1324(b) of
title 31, United States Code, is amended by inserting before the period
``or enacted by the Educational Opportunity for All Act of 2005''.
    (c) Conforming Amendments.--
            (1) Sections 135(d)(2)(A), 222(c)(2)(A),
        529(c)(3)(B)(v)(II), and 530(d)(2)(C)(i)(II) of the Internal
        Revenue Code of 1986 are each amended by inserting ``or section
        36'' after ``section 25A'' each place it appears.
            (2) Section 6213(g)(2)(J) of such Code is amended by
        inserting ``or section 36(d)(1)'' after ``expenses)''.
            (3) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of such Code is amended by striking
        the item relating to section 36 and inserting the following:

        ``Sec. 36. Educational opportunity tax credit.
        ``Sec. 37. Overpayments of tax.''.
    (d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2004, for education furnished
in academic periods beginning after such date.

Output: Educational Opportunity for All Act of 2005 - Amends the Internal Revenue Code to allow a refundable tax credit for qualfied tuition expenses. Defines "qualified tuition expenses" as tuition required for the enrollment of the taxpayer, the taxpayer's spouse or dependents at an institution of higher learning. Limits the annual amount of such credit to $4,000 per student.