SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Keep Our Homes Act of 2008''.

SEC. 2. TEMPORARY DEDUCTION FOR CERTAIN MORTGAGE COUNSELING.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 224 as section 225 and
by inserting after section 223 the following new section:

``SEC. 224. CERTAIN MORTGAGE COUNSELING.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid or incurred
by the taxpayer during the taxable year for qualified mortgage
counseling.
    ``(b) Limitation.--The deduction allowed under subsection (a) shall
not exceed $500 for any taxable year.
    ``(c) Qualified Mortgage Counseling.--For purposes of this section,
the term `qualified mortgage counseling' means any mortgage counseling
provided by an organization accredited by the Federal Housing
Administration to provide such counseling if such counseling is
obtained before the issuance of the loan with respect to which such
counseling relates. Such term shall not include any counseling if such
counseling is provided with respect to a loan which is not secured by
the principal residence (within the meaning of section 121) of the
taxpayer.
    ``(d) Termination.--The deduction under this section shall not be
allowed with respect to any amount paid or incurred after December 31,
2012.''.
    (b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting
before the last sentence the following new paragraph:
            ``(21) Certain mortgage counseling.--The deduction allowed
        by section 224.''.
    (c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as an item relating to section 225 and
inserting before such item the following new item:

``Sec. 224. Certain mortgage counseling.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

SEC. 3. TEMPORARY DEDUCTION FOR UPSIDE DOWN MORTGAGES.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions), as amended by this Act, is amended by redesignating
section 225 as section 226 and by inserting after section 224 the
following new section:

``SEC. 225. UPSIDE DOWN MORTGAGES.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to 20 percent of the excess (if
any) of--
            ``(1) the acquisition indebtedness (within the meaning of
        section 163) as determined at the close of the taxable year
        with respect to the principal residence (within the meaning of
        section 121) of the taxpayer, over
            ``(2) the valuation (as in effect at the close of such
        taxable year) of such residence as determined for purposes of
        State and local real property tax assessments.
    ``(b) Limitation.--The deduction allowed under subsection (a) shall
not exceed $5,000 for any taxable year.
    ``(c) Denial of Benefit for Fraudulently Obtained Mortgages.--
Acquisition indebtedness shall not be taken into account under
subsection (a) if material misstatements were made by the taxpayer in
obtaining such indebtedness.
    ``(d) Termination.--The deduction under this section shall not be
allowed with respect to any amount paid or incurred after December 31,
2009.''.
    (b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code, as amended by this Act, is
amended by inserting before the last sentence the following new
paragraph:
            ``(22) Upside down mortgages.--The deduction allowed by
        section 224.''.
    (c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code, as amended by this Act, is
amended by redesignating the item relating to section 225 as an item
relating to section 226 and inserting before such item the following
new item:

``Sec. 225. Upside down mortgages.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

SEC. 4. TEMPORARY CREDIT FOR CERTAIN HOME PURCHASES.

    (a) Allowance of Credit.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
nonrefundable personal credits) is amended by inserting after section
25D the following new section:

``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.

    ``(a) Allowance of Credit.--
            ``(1) In general.--In the case of an individual who is a
        purchaser of a qualified principal residence during the taxable
        year, there shall be allowed as a credit against the tax
        imposed by this chapter an amount equal to the lesser of--
                    ``(A) 10 percent of the purchase price of the
                residence, or
                    ``(B) $7,500 ($9,000 if such residence is in a high
                cost area (as determined by the Secretary of Housing
                and Urban Development)).
            ``(2) Allocation of credit amount.--The amount of the
        credit allowed under paragraph (1) shall be equally divided
        among the 2 taxable years beginning with the taxable year in
        which the purchase of the qualified principal residence is
        made.
    ``(b) Limitations.--
            ``(1) Date of purchase.--The credit allowed under
        subsection (a) shall be allowed only with respect to purchases
        made--
                    ``(A) after the date of the enactment of this
                section, and
                    ``(B) before the date that is 12 months after such
                date.
            ``(2) Limitation based on modified adjusted gross income.--
                    ``(A) In general.--The amount allowable as a credit
                under subsection (a) (determined without regard to this
                paragraph) for the taxable year shall be reduced (but
                not below zero) by the amount which bears the same
                ratio to the amount which is so allowable as--
                            ``(i) the excess (if any) of--
                                    ``(I) the taxpayer's modified
                                adjusted gross income for such taxable
                                year, over
                                    ``(II) $70,000 ($140,000 in the
                                case of a joint return), bears to
                            ``(ii) $20,000.
                    ``(B) Modified adjusted gross income.--For purposes
                of subparagraph (A), the term `modified adjusted gross
                income' means the adjusted gross income of the taxpayer
                for the taxable year increased by any amount excluded
                from gross income under section 911, 931, or 933.
            ``(3) Limitation based on amount of tax.--In the case of a
        taxable year to which section 26(a)(2) does not apply, the
        credit allowed under subsection (a) for any taxable year shall
        not exceed the excess of--
                    ``(A) the sum of the regular tax liability (as
                defined in section 26(b)) plus the tax imposed by
                section 55, over
                    ``(B) the sum of the credits allowable under this
                subpart (other than this section and section 23) for
                the taxable year.
            ``(4) One-time only.--
                    ``(A) In general.--If a credit is allowed under
                this section in the case of any individual (and such
                individual's spouse, if married) with respect to the
                purchase of any qualified principal residence, no
                credit shall be allowed under this section in any
                taxable year with respect to the purchase of any other
                qualified principal residence by such individual or a
                spouse of such individual.
                    ``(B) Joint purchase.--In the case of a purchase of
                a qualified principal residence by 2 or more unmarried
                individuals or by 2 married individuals filing
                separately, no credit shall be allowed under this
                section if a credit under this section has been allowed
                to any of such individuals in any taxable year with
                respect to the purchase of any other qualified
                principal residence.
    ``(c) Qualified Principal Residence.--For purposes of this
section--
            ``(1) In general.--The term `qualified principal residence'
        means any residence that is purchased to be the principal
        residence of the purchaser.
            ``(2) Principal residence.--The term `principal residence'
        has the same meaning as when used in section 121.
    ``(d) Denial of Double Benefit.--No credit shall be allowed under
this section for any purchase for which a credit is allowed under
section 1400C.
    ``(e) Recapture in the Case of Certain Dispositions.--In the event
that a taxpayer--
            ``(1) disposes of the qualified principal residence with
        respect to which a credit is allowed under subsection (a), or
            ``(2) fails to occupy such residence as the taxpayer's
        principal residence,
at any time within 24 months after the date on which the taxpayer
purchased such residence, then the remaining portion of the credit
allowed under subsection (a) shall be disallowed in the taxable year
during which such disposition occurred or in which the taxpayer failed
to occupy the residence as a principal residence, and in any subsequent
taxable year in which the remaining portion of the credit would, but
for this subsection, have been allowed.
    ``(f) Special Rules.--
            ``(1) Joint purchase.--
                    ``(A) Married individuals filing separately.--In
                the case of 2 married individuals filing separately,
                subsection (a) shall be applied to each such individual
                by substituting `$3,500' for `$7,000' in paragraph (1)
                thereof.
                    ``(B) Unmarried individuals.--If 2 or more
                individuals who are not married purchase a qualified
                principal residence, the amount of the credit allowed
                under subsection (a) shall be allocated among such
                individuals in such manner as the Secretary may
                prescribe, except that the total amount of the credits
                allowed to all such individuals shall not exceed
                $7,000.
            ``(2) Purchase; purchase price.--Rules similar to the rules
        of paragraphs (2) and (3) of section 1400C(e) (as in effect on
        the date of the enactment of this section) shall apply for
        purposes of this section.
            ``(3) Reporting requirement.--Rules similar to the rules of
        section 1400C(f) (as so in effect) shall apply for purposes of
        this section.
    ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.''.
    (b) Conforming Amendments.--
            (1) Section 24(b)(3)(B) of the Internal Revenue Code of
        1986 is amended by striking ``and 25B'' and inserting ``, 25B,
        and 25E''.
            (2) Section 25(e)(1)(C)(ii) of such Code is amended by
        inserting ``25E,'' after ``25D,''.
            (3) Section 25B(g)(2) of such Code is amended by striking
        ``section 23'' and inserting ``sections 23 and 25E''.
            (4) Section 25D(c)(2) of such Code is amended by striking
        ``and 25B'' and inserting ``25B, and 25E''.
            (5) Section 26(a)(1) of such Code is amended by striking
        ``and 25B'' and inserting ``25B, and 25E''.
            (6) Section 904(i) of such Code is amended by striking
        ``and 25B'' and inserting ``25B, and 25E''.
            (7) Subsection (a) of section 1016 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 ``,
        and'', and by adding at the end the following new paragraph:
            ``(38) to the extent provided in section 25E(g).''.
            (8) Section 1400C(d)(2) of such Code is amended by striking
        ``and 25D'' and inserting ``25D, and 25E''.
    (c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:

``Sec. 25E. Credit for certain home purchases.''.
    (d) Effective Date.--The amendments made by this section shall
apply to purchases in taxable years ending after the date of the
enactment of this Act.
    (e) Application of EGTRRA Sunset.--The amendment made by subsection
(b)(1) shall be subject to title IX of the Economic Growth and Tax
Relief Reconciliation Act of 2001 in the same manner as the provisions
of such Act to which such amendment relates.

SEC. 5. TEMPORARY ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY TAXES
              FOR NONITEMIZERS.

    (a) In General.--Section 63(c)(1) of the Internal Revenue Code of
1986 (defining standard deduction) is amended by striking ``and'' at
the end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at the end the
following new subparagraph:
                    ``(C) in the case of any taxable year beginning in
                2008 or 2009, the real property tax deduction.''.
    (b) Definition.--Section 63(c) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
            ``(8) Real property tax deduction.--
                    ``(A) In general.--For purposes of paragraph (1),
                the real property tax deduction is so much of the
                amount of the eligible State and local real property
                taxes paid or accrued by the taxpayer during the
                taxable year which do not exceed $500 ($1,000 in the
                case of a joint return).
                    ``(B) Eligible state and local real property
                taxes.--For purposes of subparagraph (A), the term
                `eligible State and local real property taxes' means
                State and local real property taxes (within the meaning
                of section 164), but only if the rate of tax for all
                residential real property taxes in the jurisdiction has
                not been increased at any time after April 2, 2008, and
                before January 1, 2009.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

SEC. 6. TEMPORARY EXCLUSION OF UNEMPLOYMENT COMPENSATION FROM GROSS
              INCOME.

    (a) In General.--Section 85 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
    ``(c) Temporary Exclusion.--Notwithstanding subsection (a), in the
case of unemployment compensation received by an individual during 2008
or 2009, gross income shall not include such compensation.''.
    (b) Effective Date.--The amendments made by this section shall
apply to amounts received after December 31, 2007.

Summary: Keep Our Homes Act of 2008 - Amends the Internal Revenue Code to allow: (1) a tax deduction through 2012 for mortgage counseling costs. (2) a tax deduction through 2009 for amounts, up to $5,000, of mortgage indebtedness in excess of the assessed value of a principal residence. (3) a one-time tax credit for a percentage of the purchase price of a principal residence. (4) nonitemizing taxpayers a tax deduction in 2008 or 2009 for real property taxes. And (5) an exclusion from gross income for unemployment compensation received in 2008 or 2009.

To amend the Internal Revenue Code of 1986 to provide temporary housing related tax relief for individuals, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``World Trade Center National Memorial
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds as follows:
            (1) On September 11, 2001, terrorists hijacked four
        civilian aircraft, causing two of them to crash into the twin
        towers of the World Trade Center in New York City, a third into
        the Pentagon, and a fourth in rural southwest Pennsylvania.
            (2) Nearly 3,000 people were killed at the World Trade
        Center site in the most lethal terrorist attack ever committed
        against the United States.
            (3) In the months since the historic events of September
        11, 2001, thousands of people have visited the World Trade
        Center site to mourn the dead, to pay tribute to the heroic
        action and sacrifice of the firefighters, police, emergency
        personnel, and other responders, and attempt to understand the
        nature of this attack on the United States.
            (4) The attack on the World Trade Center resulted in great
        destruction and damage to homes, churches, schools, and
        commercial and retail buildings, causing the loss of thousands
        of jobs and businesses in Lower Manhattan.
            (5) The human and emotional toll of this attack has been
        felt across the United States and throughout the world.
            (6) Many are profoundly concerned about the future
        disposition of the World Trade Center site, and many citizens,
        family members, professional organizations, local businesses
        and residents, and State and local officials have formed
        coalitions and held forums to provide a voice for all
        interested and concerned parties.
            (7) A broad and deep consensus has emerged in the United
        States that this site is a sacred site that cannot be forgotten
        and requires the highest form of national recognition.
            (8) It is appropriate that a national memorial be
        established at, or proximate to, the World Trade Center site to
        commemorate the internationally significant events of September
        11, 2001, and the lives lost, and that the memorial be
        designated as a unit of the National Park System.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To establish a national memorial at, or proximate to,
        the World Trade Center site in New York City to commemorate the
        tragic events of September 11, 2001.
            (2) To ensure the public has full access to and significant
        involvement in decisions regarding the location, planning, and
        design of the national memorial.
            (3) To authorize the Secretary of the Interior to provide
        technical assistance to the Lower Manhattan Development
        Corporation and to permanently administer the national memorial
        as a unit of the National Park System for present and future
        generations.
            (4) To establish in the Department of the Interior the
        World Trade Center Memorial Advisory Board to advise the
        Director of the National Park Service on the management of the
        memorial.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Board.--The term ``Board'' means the World Trade Center
        Memorial Advisory Board established in section 7.
            (2) Corporation.--The term ``Corporation'' means the Lower
        Manhattan Development Corporation, a public agency created to
        oversee the rebuilding of the World Trade Center site and
        surrounding area.
            (3) Governor.--The term ``Governor'' means the Governor of
        New York.
            (4) Mayor.--The term ``Mayor'' means the Mayor of New York
        City.
            (5) Memorial.--The term ``Memorial'' means a sculpture,
        structure, or landscape element, including the real property on
        which it is sited, designed to commemorate the significance to
        the Nation of the events of September 11, 2001, at or proximate
        to the World Trade Center site in New York City and designated
        under section 4.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. WORLD TRADE CENTER NATIONAL MEMORIAL.

    (a) Establishment.--There is authorized to be established as a unit
of the National Park System, a national memorial at, or proximate to,
the site of the World Trade Center in New York City. The proposed
design and boundary of the Memorial shall be determined through a
public planning process established by the Corporation and included in
the report required by section 5. The final design and boundary of the
Memorial shall be approved by the Secretary, the Governor, and the
Mayor.
    (b) Administration.--Upon transfer to the United States by willing
sellers of the land upon which the Memorial is to be located, such land
and the Memorial shall be administered by the Secretary through the
National Park Service, as a unit of the National Park System, in
accordance with the provisions of this Act, the Act of August 25, 1916
(39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935
(49 Stat. 666; 16 U.S.C. 461-467).

SEC. 5. REPORT.

    (a) Contents.--Not later than 3 years after the date of the
enactment of this Act, the Corporation shall submit a report to the
Secretary, the Governor, and the Mayor for approval. This report shall
contain the following:
            (1) The recommended design and boundary for the Memorial.
            (2) A description of those considerations incorporated into
        the boundary and design necessary to permit the effective and
        efficient management of the Memorial as a unit of the National
        Park System.
            (3) A proposal and schedule for the transfer of interests
        in property as is appropriate to the Secretary. The transfer
        must ensure that the property upon which the Memorial is to be
        located is transferred to the United States by willing sellers
        before construction of the Memorial begins.
            (4) A description of the processes and opportunities
        provided for public participation in the development of the
        report.
            (5) Any other planning, scheduling, construction, and long-
        term management issues and recommendations which, in the
        opinion of the Corporation, merit inclusion in the report.
    (b) Approval Process.--Not later than 90 days after receiving
notification by the Governor and the Mayor of their respective
approvals of the report, the Secretary shall approve or disapprove the
report. If the Secretary disapproves the report, the Secretary shall
advise the Corporation, in writing, of the reasons for such disapproval
and shall indicate any recommendations for revisions. Not later than 45
days after receiving any necessary revisions to the report, the
Secretary shall approve or disapprove the revised report.
    (c) Final Report.--The final report approved by the Secretary, the
Governor, and the Mayor shall be transmitted to the Committee on Energy
and Natural Resources of the Senate, and the Committee on Resources of
the House of Representatives.

SEC. 6. DUTIES OF THE SECRETARY.

     The Secretary is authorized to take the following actions:
            (1) Upon request by the Corporation, to provide assistance
        in conducting public meetings and forums.
            (2) Provide project management assistance for planning,
        design, and construction activities and in particular, to
        provide consultation and information permitting the plans and
        designs included within the report as required in section 5 to
        incorporate such elements necessary to facilitate the effective
        and efficient management of the Memorial as a unit of the
        National Park System.
            (3) Provide other assistance related to documentation and
        interpretation of the site and preservation of Memorial
        artifacts.
            (4) Acquire from willing sellers the land or interests in
        land for the Memorial site by donation, purchase with donated
        or appropriated funds, or exchange.
            (5) Administer, through the National Park Service, the
        Memorial as a unit of the National Park System in accordance
        with this Act and with the laws generally applicable to units
        of the National Park System.
            (6) Prepare a charter for the Board established in section
        7 to clarify its role and its relationship with the Department
        of the Interior and the National Park Service.

SEC. 7. ESTABLISHMENT OF THE WORLD TRADE CENTER MEMORIAL ADVISORY
              BOARD.

    (a) Establishment.--Upon transfer of the completed Memorial to the
National Park Service, there is established an advisory Board to be
known as the ``World Trade Center Memorial Advisory Board''.
    (b) Duties.--The Board shall operate as an advisor to the National
Park Service on the management of the Memorial, taking into
consideration input from the public and interested parties.
    (c) Membership.--The Board shall be composed of 17 members
appointed by the Secretary as follows:
            (1) Two members appointed after consideration of
        recommendations by each United States Senator from the State of
        New York.
            (2) One member appointed after consideration of
        recommendations by the member of the United States House of
        Representatives whose district shall encompass the World Trade
        Center site.
            (3) Four members appointed after consideration of
        recommendations by the Mayor, to represent a broad spectrum of
        interested citizens, agencies, and organizations.
            (4) Four members appointed after consideration of
        recommendations by the Governor, to represent a broad spectrum
        of interested citizens, agencies, and organizations.
            (5) Six members appointed after consideration of
        recommendations by the President.
    (d) Terms.--Members of the Board shall serve for a term of 3 years.
Any member of the Board may continue to serve after the expiration of
his or her term, until such time as a successor is appointed. Any
vacancy in the Board shall be filled in the same manner in which the
original appointment was made.
    (e) Chair.--The members of the Board shall designate 1 of the
members as Chair of the Board.
    (f) Meetings.--The Board shall meet on a regular basis, at least 4
times a year. Notice of meetings shall be published in local
newspapers. Board meetings shall be held at locations and in such a
manner as to ensure adequate public involvement.
    (g) Quorum.--A majority of the members serving on the Board shall
constitute a quorum for the transaction of any business.
    (h) Voting.--The Board shall act and advise by a majority vote of
the members present at any meeting at which a quorum is in attendance.
    (i) Expenses.--Members of the Board shall serve without
compensation, but while engaged in official business shall be entitled
to travel expenses, including per diem in lieu of subsistence in the
same manner as persons employed intermittently in Federal Government
service under section 5703 of title 5, United States Code.
    (j) Termination.--The Board shall terminate 60 days after the date
upon which the Memorial ceases to be administered by the National Park
Service.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Construction.--Upon approval of the report required by section
5, the Secretary is authorized to grant such sums as may be necessary
to the Corporation for the construction of a permanent Memorial in
accordance with the approved report.
    (b) Matching Requirement.--Funds made available pursuant to
subsection (a) shall not exceed 50 percent of the construction cost of
the Memorial.
    (c) Technical Assistance.--There is authorized to be appropriated
to the National Park Service, $300,000 for fiscal year 2004 and each
fiscal year thereafter to provide technical assistance to the
Corporation and to otherwise carry out this Act.
    (d) Board.--There is authorized to be appropriated to the Board
such sums as may be necessary to perform its responsibilities under
this Act.

Summary: World Trade Center National Memorial Act - Authorizes the establishment as a unit of the National Park System of a national memorial at or near the site of the World Trade Center (WTC) in New York City to commemorate the significance to the Nation of the events of September 11, 2001. Requires the design and boundary of the memorial to be: (1) determined through a public planning process established by the Lower Manhattan Development Corporation. And (2) approved by the Secretary of the Interior, the Governor of New York, and the Mayor of New York City. Establishes the World Trade Center Memorial Advisory Board upon transfer of the completed memorial to the National Park Service.

To authorize a national memorial at, or proximate to, the World Trade Center site to commemorate the tragic events of September 11, 2001, to establish the World Trade Center Memorial Advisory Board, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caregiver Corps Act of 2014''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) As of 2013, more than 43,000,000 Americans are age 65
        or older. More than 75 percent of such individuals live with
        chronic conditions which require assistance that helps them to
        live in a home- or community-based setting. In 2012, almost
        38,000,000 Americans of all ages reported having one or more
        disabilities.
            (2) As of 2012, there were over 800,000 home health aides
        assisting older adults in their homes with activities of daily
        living and some light housekeeping tasks such as changing
        linens and preparing food. Direct care workers are critical as
        families and friends strive to provide quality care for
        individuals in the community.
            (3) Estimates suggest that there are 52,000,000 to
        65,000,000 informal caregivers helping to provide care to
        adults with disabilities and illnesses. These caregivers help
        with a range of tasks but more time is spent on tasks such as
        shopping, food preparation, housekeeping, and laundry, and less
        time is spent on activities of daily living such as feeding,
        dressing, grooming, walking, bathing, and assistance toileting.
            (4) Over 60 percent of all informal caregivers work either
        full- or part-time. Even with the growing number of direct care
        workers available, there is a shortage in the number of people
        available to help support individuals who need extra assistance
        to remain in the community.
            (5) Only 12 percent of informal caregivers report having
        used a respite service. Respite is a means of giving the
        caregiver a break from their caregiving duties. Respite comes
        in many forms and may include having the individual attend an
        adult day program outside the home or having a friendly visitor
        serve as a companion and provide light assistance while the
        caregiver takes a break.
            (6) Respite volunteer programs exist in many communities.
        There is a range of ways that these programs offer incentives
        to the volunteers. Some programs use a time-banking or service-
        exchange approach as an incentive to engage volunteers, while
        other programs access funds from private and public sources to
        offer modest stipends to volunteers.
    (b) Purpose.--It is the purpose of this Act to establish a
Caregiver Corps program to foster the creation of community-based Corps
programs that provide for volunteer community service opportunities to
address the shortage of assistance available for older adults and
individuals with disabilities.

SEC. 3. ESTABLISHMENT OF CAREGIVER CORPS PROGRAM.

    Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:

``SEC. 399V-6. CAREGIVER CORPS.

    ``(a) Contract for Establishment of Caregiver Corps Program.--
            ``(1) In general.--The Secretary shall enter into a
        contract with a nonprofit entity for the development of an
        online toolkit and guidance providing for the establishment and
        implementation of Caregiver Corps (referred to in this section
        as `Corps') volunteer programs in local communities.
            ``(2) Requirements.--The toolkit and guidance developed
        under paragraph (1) shall be based on best practice methods
        from existing private and public sector volunteer programs and
        include--
                    ``(A) guidance on the recruitment, screening, and
                training of Corps volunteers;
                    ``(B) guidance on recommended processes for
                administering and evaluating the performance of local
                Corps programs;
                    ``(C) guidance on options for securing start-up and
                operational funding for local Corps programs;
                    ``(D) sources for obtaining ongoing technical
                assistance; and
                    ``(E) guidance on how communities can promote
                larger community involvement and cultivate partnerships
                and connections between local Corps programs.
            ``(3) Grants.--The Secretary may award grants to public and
        private nonprofit entities for the operation of local Corps
        programs under subsection (b) in accordance with this section.
    ``(b) Requirements of Caregiver Corps Programs.--
            ``(1) Local caregiver corps programs.--
                    ``(A) Eligibility.--To be eligible to be a local
                Corps program for purposes of this section, an entity
                shall be--
                            ``(i) an area agency on aging;
                            ``(ii) a time-banking or volunteer
                        organizing agency;
                            ``(iii) a college or university;
                            ``(iv) a State, county, or local
                        government; or
                            ``(v) any other entity determined to be
                        appropriate by the Secretary.
                    ``(B) Duties and activities.--A local Corps program
                shall--
                            ``(i) conduct screening and criminal
                        history background checks of Corps volunteers;
                            ``(ii) provide in-person orientation and
                        training for Corps volunteers;
                            ``(iii) develop and monitor volunteer
                        assignments, which shall include selecting the
                        adults to be served by Corps volunteers,
                        matching volunteers to assignments, and
                        supervising the volunteers;
                            ``(iv) assist in the provision of
                        appropriate volunteer recognition;
                            ``(v) maintain records and prepare reports
                        as required by the Secretary; and
                            ``(vi) carry out any other activities
                        determined appropriate by the Secretary.
            ``(2) Caregiver corps volunteers.--
                    ``(A) Eligibility.--
                            ``(i) In general.--To be eligible to serve
                        as a volunteer for a local Corps program, an
                        individual shall--
                                    ``(I) be at least 18 years of age
                                and willing to accept supervision as
                                required by the local Corps program;
                                    ``(II) consent to a criminal
                                background check; and
                                    ``(III) meet such other
                                requirements as the local Corps program
                                shall require.
                            ``(ii) Limitation.--Eligibility to be a
                        volunteer for a local Corps program shall not
                        be restricted on the basis of education,
                        employment experience, citizenship, race,
                        color, creed, belief, gender, sexual
                        orientation, national origin, disability, or
                        political affiliation.
                    ``(B) Terms of service.--
                            ``(i) In general.--An individual may serve
                        as a full- or part-time volunteer for an
                        initial period of not to exceed 2 years.
                            ``(ii) Limitation.--An individual who
                        serves as a volunteer for a local Corps program
                        shall not be considered to be an employee of
                        the local Corps program for purposes of the
                        application of any Federal or State employment-
                        related law.
                    ``(C) Functions.--
                            ``(i) In general.--A Corps volunteer
                        shall--
                                    ``(I) provide assistance to an
                                older individual or an individual with
                                disabilities who needs additional
                                services to remain in the community;
                                    ``(II) provide assistance to give
                                an informal caregiver respite from his
                                or her caregiving duties;
                                    ``(III) serve as a companion to
                                older individuals and individuals with
                                disabilities;
                                    ``(IV) provide assistance for which
                                such volunteer is qualified, as
                                determined by the local Corps program;
                                and
                                    ``(V) not provide personal care or
                                administer prescription medications.
                            ``(ii) Individuals to be served.--To be
                        eligible to obtain Corps volunteer services, an
                        individual shall be an adult aged 65 or older,
                        or an individual eligible for Social Security
                        Disability Insurance, who is in need of
                        assistance to achieve and maintain their
                        highest level of independent living.
                            ``(iii) Required service to individuals.--
                        The activities of a Corps volunteer shall
                        involve person-to-person relationships with the
                        individuals being served and shall not include
                        the provision of any service to the local Corps
                        program involved.
            ``(3) Direct benefits.--A local Corps program--
                    ``(A) shall provide for appropriate recognition of
                Corps volunteers; and
                    ``(B) may, at the discretion of the local Corps
                program, provide compensation to a Corps volunteer, in
                the manner determined appropriate by the local Corps
                program, which may include stipends, tuition incentives
                or academic credit, or the banking of volunteer hours
                for use against future needs for assistance.
            ``(4) Reporting.--Not less than annually, a local Corps
        program shall submit to the Secretary a report that contains,
        with respect to the year for which the report is prepared--
                    ``(A) aggregate data on the number of Corps
                volunteers trained, the number of Corps volunteers
                providing service, the number of hours of service
                provided, and the number of individuals being served;
                and
                    ``(B) data to inform the Secretary and local
                communities of any system and consumer outcome impacts
                of the local Corps program.
    ``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, such sums as may be
necessary.''.

Summary: Caregiver Corps Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to contract with a nonprofit to develop an online toolkit and guidance providing for the establishment and implementation of Caregiver Corps volunteer programs in which volunteers provide assistance to individuals who are in need of assistance to remain in the community and are either aged 65 or older, or eligible for Social Security Disability Insurance. Requires Caregiver Corps volunteers to provide assistance by giving an informal caregiver respite from caregiving duties, serving as a companion, or providing other assistance for which the volunteer is qualified. Prohibits volunteers from providing personal care or administering prescription medications. Allows the Secretary to award grants for the operation of local Corps programs. Requires local Corps programs to screen, train, and supervise volunteers. Directs local Corps programs to appropriately recognize volunteers. Allows programs to provide compensation to volunteers.

Caregiver Corps Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smith-Mundt Modernization Act of
2012''.

SEC. 2. DISSEMINATION ABROAD OF INFORMATION ABOUT THE UNITED STATES.

    (a) United States Information and Educational Exchange Act of
1948.--Section 501 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1461) is amended to read as follows:

                        ``general authorization

    ``Sec. 501.  (a) The Secretary and the Broadcasting Board of
Governors are authorized to use funds appropriated or otherwise made
available for public diplomacy information programs to provide for the
preparation, dissemination, and use of information intended for foreign
audiences abroad about the United States, its people, and its policies,
through press, publications, radio, motion pictures, the Internet, and
other information media, including social media, and through
information centers, instructors, and other direct or indirect means of
communication.
    ``(b)(1) Except as provided in paragraph (2), the Secretary and the
Broadcasting Board of Governors may, upon request and reimbursement of
the reasonable costs incurred in fulfilling such a request, make
available, in the United States, motion pictures, films, video, audio,
and other materials prepared for dissemination abroad or disseminated
abroad pursuant to this Act, the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), the Radio
Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.), or the Television
Broadcasting to Cuba Act (22 U.S.C. 1465aa et seq.). The Secretary and
the Broadcasting Board of Governors shall issue necessary regulations--
            ``(A) to establish procedures to maintain such material;
            ``(B) for reimbursement of the reasonable costs incurred in
        fulfilling requests for such material; and
            ``(C) to ensure that the persons seeking release of such
        material have secured and paid for necessary United States
        rights and licenses.
    ``(2) With respect to material prepared for dissemination abroad or
disseminated abroad before the effective date of the Smith-Mundt
Modernization Act of 2012--
            ``(A) the Secretary and the Broadcasting Board of Governors
        shall make available to the Archivist of the United States, for
        domestic distribution, motion pictures, films, videotapes, and
        other material 12 years after the initial dissemination of the
        material abroad; and
            ``(B) the Archivist shall be the official custodian of the
        material and shall issue necessary regulations to ensure that
        persons seeking its release in the United States have secured
        and paid for necessary United States rights and licenses and
        that all costs associated with the provision of the material by
        the Archivist shall be paid by the persons seeking its release,
        in accordance with paragraph (3).
    ``(3) The Archivist may charge fees to recover the costs described
in paragraph (2), in accordance with section 2116(c) of title 44. Such
fees shall be paid into, administered, and expended as part of the
National Archives Trust Fund.
    ``(c) Nothing in this section may be construed to require the
Secretary or the Broadcasting Board of Governors to make material
disseminated abroad available in any format other than in the format
disseminated abroad.''.
    (b) Rule of Construction.--Nothing in this section may be construed
to affect the allocation of funds appropriated or otherwise made
specifically available for public diplomacy.
    (c) Foreign Relations Authorization Act, Fiscal Years 1986 and
1987.--Section 208 of the Foreign Relations Authorization Act, Fiscal
Years 1986 and 1987 (22 U.S.C. 1461-1a) is amended to read as follows:

``SEC. 208. CLARIFICATION ON DOMESTIC DISTRIBUTION OF PROGRAM MATERIAL.

    ``(a) In General.--No funds authorized to be appropriated to the
Department of State or the Broadcasting Board of Governors shall be
used to influence public opinion in the United States. This section
shall apply only to programs carried out pursuant to the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.), the Radio Broadcasting to Cuba Act (22 U.S.C.
1465 et seq.), and the Television Broadcasting to Cuba Act (22 U.S.C.
1465aa et seq.). This section shall not prohibit or delay the
Department of State or the Broadcasting Board of Governors from
providing information about its operations, policies, programs, or
program material, or making such available, to the media, public, or
Congress, in accordance with other applicable law.
    ``(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Department of State or the Broadcasting Board
of Governors from engaging in any medium or form of communication,
either directly or indirectly, because a United States domestic
audience is or may be thereby exposed to program material, or based on
a presumption of such exposure. Such material may be made available
within the United States and disseminated, when appropriate, pursuant
to sections 502 and 1005 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1462 and 1437), except that
nothing in this section may be construed to authorize the Department of
State or the Broadcasting Board of Governors to disseminate within the
United States any program material prepared for dissemination abroad on
or before the effective date of the Smith-Mundt Modernization Act of
2012.
    ``(c) Application.--The provisions of this section shall apply only
to the Department of State and the Broadcasting Board of Governors and
to no other department or agency of the Federal Government.''.
    (d) Conforming Amendments.--The United States Information and
Educational Exchange Act of 1948 is amended--
            (1) in section 502 (22 U.S.C. 1462)--
                    (A) by inserting ``and the Broadcasting Board of
                Governors'' after ``Secretary''; and
                    (B) by inserting ``or the Broadcasting Board of
                Governors'' after ``Department''; and
            (2) in section 1005 (22 U.S.C. 1437), by inserting ``and
        the Broadcasting Board of Governors'' after ``Secretary'' each
        place it appears.
    (e) Effective Date.--This Act shall take effect and apply on the
date that is 180 days after the date of the enactment of this Act.

Summary: Smith-Mundt Modernization Act of 2012 - Amends the United States Information and Educational Exchange Act of 1948 to authorize the Secretary of State and the Broadcasting Board of Governors to provide for the preparation and dissemination of information intended for foreign audiences abroad about the United States, including about its people, its history, and the federal government's policies, through press, publications, radio, motion pictures, the Internet, and other information media, including social media, and through information centers and instructors. Authorizes the Secretary and the Board to make available in the United States motion pictures, films, video, audio, and other materials prepared for dissemination abroad or disseminated abroad pursuant to such Act, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, or the Television Broadcasting to Cuba Act. Amends the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to prohibit funds for the Department of State or the Board from being used to influence public opinion or propagandizing in the United States. Applies such prohibition only to programs carried out pursuant to the United States Information and Educational Exchange Act of 1948, the United States International Broadcasting Act of 1994, the Radio Broadcasting to Cuba Act, and the Television Broadcasting to Cuba Act. States that such provision shall: (1) not prohibit the Department or the Board from providing information about its operations, policies, programs, or program material, or making such information available to members of the media, public, or Congress. (2) not be construed to prohibit the Department from engaging in any medium of information on a presumption that a US domestic audience may be exposed to program material. And (3) apply only to the Department and the Board and to no other federal department or agency.

To amend the United States Information and Educational Exchange Act of 1948 to authorize the domestic dissemination of information and material about the United States intended primarily for foreign audiences, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The Personal Exemption Fairness Act
of 2010''.

SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN PERSONAL EXEMPTIONS.

    (a) In General.--Subsection (d) of section 151 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(5) Area cost-of-living adjustment.--
                    ``(A) In general.--Each of the dollar amounts
                otherwise in effect under paragraphs (1) and (3)(C) for
                any taxable year beginning after 2010 shall be
                multiplied by the applicable multiplier for the taxable
                year which applies to the statistical area in which the
                taxpayer's primary place of abode during the taxable
                year is located.
                    ``(B) Applicable multipliers.--For purposes of this
                paragraph--
                            ``(i) In general.--Not later than December
                        15 of each calendar year, the Secretary shall
                        prescribe an applicable multiplier for each
                        statistical area of the United States which
                        shall apply to taxable years beginning during
                        the succeeding calendar year.
                            ``(ii) Determination of multipliers.--
                                    ``(I) In the case of a statistical
                                area where the cost-of-living
                                differential for the calendar year does
                                not exceed 125 percent, the applicable
                                multiplier is 1.
                                    ``(II) In the case of a statistical
                                area not described in subclause (I),
                                the applicable multiplier is the cost-
                                of-living differential for the calendar
                                year.
                            ``(iii) Cost of living differential.--The
                        cost-of-living differential for any statistical
                        area for any calendar year is the percentage
                        determined by dividing--
                                    ``(I) the cost-of-living for such
                                area for the preceding calendar year,
                                by
                                    ``(II) the average cost-of-living
                                for the United States for the preceding
                                calendar year.
                            ``(iv) Cost-of-living for area.--
                                    ``(I) In general.--For each
                                calendar year beginning after 2009, the
                                Secretary of Labor shall determine and
                                publish a cost-of-living index for each
                                statistical area.
                                    ``(II) Methodology.--The cost-of-
                                living index determined under subclause
                                (I) for any statistical area for any
                                calendar year shall be based on average
                                market prices for the area for the 12-
                                month period ending on August 31 of
                                such calendar year. The market prices
                                taken into account under the preceding
                                sentence shall be selected and used
                                under the same methodology as is used
                                by the Secretary of Labor in developing
                                the Consumer Price Index for All Urban
                                Consumers.
                            ``(v) Statistical area.--For purposes of
                        this subsection the term `statistical area'
                        means--
                                    ``(I) any metropolitan statistical
                                area as defined by the Secretary of
                                Commerce, and
                                    ``(II) the portion of any State not
                                within a metropolitan statistical area
                                as so defined.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to taxable years beginning after December 31, 2010.
            (2) Transition rule.--Notwithstanding section 151(d)(5)(B)
        of the Internal Revenue Code (as added by this section), the
        date for prescribing applicable multipliers for taxable years
        beginning in calendar year 2011 shall be the date 1 year after
        the date of the enactment of this Act.

Summary: Personal Exemption Fairness Act of 2010 - Amends the Internal Revenue Code to require annual metropolitan statistical area cost-of-living adjustments, beginning after 2010, to the personal tax exemption amount. Directs the Secretary of Labor to determine and publish a cost-of-living index for each metropolitan statistical area.

To amend the Internal Revenue Code of 1986 to adjust personal exemptions for high cost-of-living areas.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Marginal Well Production
Preservation and Enhancement Act''.

SEC. 2. TAX TREATMENT FOR PROLONGED MARGINAL PRODUCTION.

    (a) Increase in Percentage Depletion for Oil and Natural Gas
Produced From Marginal Properties.--
            (1) In general.--Paragraph (6) of section 613A(c) of the
        Internal Revenue Code of 1986 (relating to oil and natural gas
        produced from marginal properties) is amended to read as
        follows:
            ``(6) Oil and natural gas produced from marginal
        properties.--
                    ``(A) In general.--Except as provided in subsection
                (d)--
                            ``(i) the allowance for depletion under
                        section 611 shall be computed in accordance
                        with section 613 with respect to the taxpayer's
                        marginal production of domestic crude oil and
                        domestic natural gas, and
                            ``(ii) 27.5 percent shall be deemed to be
                        specified in subsection (b) of section 613 for
                        purposes of subsection (a) of that section.
                    ``(B) Coordination with other production of
                domestic oil and natural gas.--For purposes of this
                subsection--
                            ``(i) no allowance for depletion shall be
                        allowed by reason of paragraph (1) with respect
                        to the taxpayer's marginal production of
                        domestic crude oil and domestic natural gas,
                        and
                            ``(ii) such production shall not be taken
                        into account--
                                    ``(I) in determining under
                                paragraph (1) how much of the
                                taxpayer's depletable oil quantity or
                                depletable natural gas quantity has
                                been used, or
                                    ``(II) for purposes of applying
                                subparagraph (A), (B), or (C) of
                                paragraph (7).
                    ``(C) Marginal production.--The term `marginal
                production' means domestic crude oil or domestic
                natural gas which is produced during any taxable year
                from a property which--
                            ``(i) is a stripper well property for the
                        calendar year in which the taxable year begins,
                        or
                            ``(ii) is a property substantially all of
                        the production of which during such calendar
                        year is heavy oil.
                    ``(D) Stripper well property.--For purposes of this
                paragraph, the term `stripper well property' means,
                with respect to any calendar year, any property with
                respect to which the amount determined by dividing--
                            ``(i) the average daily production of
                        domestic crude oil and domestic natural gas
                        from producing wells on such property for such
                        calendar year, by
                            ``(ii) the number of such wells,
                is 15 barrel equivalents or less.
                    ``(E) Heavy oil.--For purposes of this paragraph,
                the term `heavy oil' means domestic crude oil produced
                from any property if such crude oil had a weighted
                average gravity of 20 degrees API or less (corrected to
                60 degrees Fahrenheit).
                    ``(F) Nonapplication of taxable income limit with
                respect to marginal production.--The second sentence of
                subsection (a) of section 613 shall not apply to so
                much of the allowance for depletion as is determined
                under subparagraph (A).''.
            (2) Conforming amendments.--
                    (A) Section 613A(c)(3) of the Internal Revenue Code
                of 1986 (defining depletable oil quantity) is amended
                to read as follows:
            ``(3) Depletable oil quantity.--For purposes of paragraph
        (1), the taxpayer's depletable oil quantity shall be 1,000
        barrels.''.
                    (B) Subparagraphs (A) and (B) of section 613A(c)(7)
                of such Code are each amended by striking ``or (6), as
                the case may be''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after December 31, 2008.
    (b) 1-Year Extension of Suspension of Taxable Income Limit.--
Section 613A(c)(6)(H)(ii) of the Internal Revenue Code of 1986
(relating to temporary suspension of taxable income limit with respect
to marginal production) is amended by striking ``2010'' and inserting
``2011''.

SEC. 3. OIL AND GAS WELLS AND PIPELINE FACILITIES TECHNICAL AMENDMENT.

    Section 112(n)(4)(A) of the Clean Air Act (42 U.S.C. 7412(n)(4)(A))
is amended by striking ``this section'' and inserting ``this Act''.

SEC. 4. NATIONAL RESPONSE SYSTEM.

    Section 311(j) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)) is amended by striking paragraph (1) and inserting the
following:
            ``(1) System.--
                    ``(A) Definition of wastewater treatment
                facility.--In this paragraph, the term `wastewater
                treatment facility' includes produced water from an oil
                production facility.
                    ``(B) Regulations.--Consistent with the National
                Contingency Plan required under subsection (d), as soon
                as practicable after the effective date of this
                section, and from time to time thereafter, the
                President shall promulgate regulations consistent with
                maritime safety and marine and navigation laws--
                            ``(i) establishing methods and procedures
                        for removal of discharged oil and hazardous
                        substances;
                            ``(ii) establishing criteria for the
                        development and implementation of local and
                        regional oil and hazardous substance removal
                        contingency plans;
                            ``(iii) establishing procedures, methods,
                        and requirements and other requirements for
                        equipment to prevent discharges of oil and
                        hazardous substances from vessels and from
                        onshore facilities and offshore facilities
                        (other than wastewater treatment facilities),
                        and to contain those discharges; and
                            ``(iv) governing the inspection of vessels
                        carrying cargoes of oil and hazardous
                        substances and the inspection of those cargoes
                        in order to reduce the likelihood of discharges
                        of oil from vessels in violation of this
                        section.
                    ``(C) Small facilities.--In carrying out clause
                (iii) of subparagraph (B), not later than 1 year after
                the date of enactment of that clause, the Administrator
                shall establish procedures, methods, and equipment
                requirements and other requirements for, and consider
                the cost-effectiveness of those requirements on, small
                facilities (including agricultural and oil production
                facilities) to prevent discharges from facilities and
                offshore facilities, and to contain those discharges,
                by developing regulations based on storage volume and
                capacity that, with respect to those small facilities--
                            ``(i) apply to any facility the total oil
                        storage capacity of which is at least 1,320
                        gallons but less than 50,000 gallons, and at
                        which no single tank exceeds a nominal capacity
                        of 21,000 gallons; and
                            ``(ii) establish minimal requirements and
                        plans by eliminating engineer certification,
                        flow lines, loading and unloading areas,
                        integrity testing, and other requirements, as
                        determined by the Administrator, that do not
                        take into consideration and meet cost-
                        effectiveness standards.''.

SEC. 5. RECOVERY PERIOD FOR DEPRECIATION OF PROPERTY USED TO INJECT
              QUALIFIED TERTIARY INJECTANTS.

    (a) In General.--Section 168(e)(3)(A) of the Internal Revenue Code
of 1986 (defining 3-year property) is amended by striking ``and'' at
the end of clause (ii), by striking the period at the end of clause
(iii) and inserting ``, and'', and by adding at the end the following
new clause:
                            ``(iv) any qualified tertiary injectant
                        property.''.
    (b) Qualified Tertiary Injectant Property.--Section 168(e) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by adding at the end the following new paragraph:
            ``(9) Qualified tertiary injectant property.--The term
        `qualified tertiary injectant property' means--
                    ``(A) any property--
                            ``(i) the principal use of which is to
                        inject any tertiary injectant as a part of a
                        tertiary recovery method (as defined in section
                        193(b)(3)), or
                            ``(ii) which is a pipeline used to carry
                        any tertiary injectant in connection with such
                        tertiary recovery method, and
                    ``(B) which has a class life of more than 4
                years.''.
    (c) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by
inserting after the item relating to subparagraph (A)(iii) the
following new item:

        ``(A)(iv)..............................................    7''.
    (d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date.

Summary: Marginal Well Production Preservation and Enhancement Act - Amends the Internal Revenue Code to: (1) increase to 27.5 the percentage depletion allowance for domestic crude oil and natural gas production from marginal properties. (2) extend through 2010 the temporary suspension of the taxable income limit with respect to marginal production of crude oil and natural gas. And (3) accelerate to three years the recovery period of qualified tertiary injectant property for depreciation purposes. Amends the Clean Air Act with respect to emissions from small oil and gas exploration and production-related equipment. Amends the Federal Water Pollution Control Act to: (1) amend the definition of wastewater treatment facility to include produced water from an oil production facility. And (2) require the Administrator of the Environmental Protection Agency (EPA) to establish cost-effective minimal requirements for the prevention of oil and hazardous substance discharges for small facilities with oil storage capacities of less than 50,000 gallons at which no single tank exceeds a nominal capacity of 21,000 gallons.

To provide for marginal well production preservation and enhancement.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``IFQ Act of 2001''.

SEC. 2. INDIVIDUAL QUOTA PROGRAMS.

    (a) Authority To Establish Individual Quota Systems.--Section 303
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1853) is amended by adding at the end the following:
    ``(e) Special Provisions for Individual Quota Systems.--
            ``(1) Conditions.--A fishery management plan which
        establishes an individual quota system for a fishery after
        September 30, 2002--
                    ``(A) shall provide for administration of the
                system by the Secretary in accordance with the terms of
                the plan;
                    ``(B) shall not create, or be construed to create,
                any right, title, or interest in or to any fish before
                the fish is harvested;
                    ``(C) shall include provisions which establish
                procedures and requirements for each Council having
                authority over the fishery, for--
                            ``(i) reviewing and revising the terms of
                        the plan that establish the system; and
                            ``(ii) renewing, reallocating, and
                        reissuing individual quotas if determined
                        appropriate by each Council;
                    ``(D) shall include provisions to--
                            ``(i) promote sustainable management of the
                        fishery;
                            ``(ii) provide for fair and equitable
                        allocation of individual quotas under the
                        system;
                            ``(iii) minimize negative social and
                        economic impacts of the system on local coastal
                        communities;
                            ``(iv) ensure adequate enforcement of the
                        system, including the use of observers where
                        appropriate at a level of coverage that should
                        yield statistically significant results; and
                            ``(v) take into account present
                        participation and historical fishing practices,
                        in the fishery; and
                    ``(E) include provisions that prevent any person or
                entity from acquiring an excessive share of individual
                quotas issued for a fishery.
            ``(2) Plan characteristics.--An individual quota issued
        under an individual quota system established by a fishery
        management plan--
                    ``(A) shall be considered a grant, to the holder of
                the individual quota, of permission to engage in
                activities permitted by the individual quota;
                    ``(B) may be revoked or limited at any time, in
                accordance with the terms of the plan and regulations
                issued by the Secretary or the Council having authority
                over the fishery for which it is issued, if necessary
                for the conservation and management of the fishery
                (including as a result of a violation of this Act or
                any regulation prescribed under this Act);
                    ``(C) if revoked or limited by the Secretary or a
                Council, shall not confer any right of compensation to
                the holder of the individual quota;
                    ``(D) may be received and held in accordance with
                regulations prescribed by the Secretary under this Act;
                    ``(E) shall, except in the case of an individual
                quota allocated under an individual quota system
                established before the date of enactment of the IFQ Act
                of 2001, expire not later than 5 years after the date
                it is issued, in accordance with the terms of the
                fishery management plan; and
                    ``(F) upon expiration under subparagraph (E), may
                be renewed, reallocated, or reissued if determined
appropriate by each Council having authority over the fishery.
            ``(3) Eligible holders.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), any fishery management plan that
                establishes an individual quota system for a fishery
                may authorize individual quotas to be held by or issued
                under the system to fishing vessel owners, fishermen,
                and crew members.
                    ``(B) Non-citizens not eligible.--An individual who
                is not a citizen of the United States may not hold an
                individual quota issued under a fishery management
                plan.
            ``(4) Permitted provisions.--Any fishery management plan
        that establishes an individual quota system for a fishery may
        include provisions that--
                    ``(A) allocate individual quotas under the system
                among categories of vessels; and
                    ``(B) provide a portion of the annual harvest in
                the fishery for entry-level fishermen, small vessel
                owners, or crewmembers who do not hold or qualify for
                individual quotas.
            ``(5) Termination or limitation.--
                    ``(A) Grounds.--An individual quota system
                established for a fishery may be limited or terminated
                at any time if necessary for the conservation and
                management of the fishery, by--
                            ``(i) the Council which has authority over
                        the fishery for which the system is
                        established, through a fishery management plan
                        or amendment; or
                            ``(ii) the Secretary, in the case of any
                        individual quota system established by a
                        fishery management plan developed by the
                        Secretary.
                    ``(B) Effect on other authority.--This paragraph
                does not diminish the authority of the Secretary under
                any other provision of this Act.
            ``(6) Required provisions; reallocations.--Any individual
        quota system established for a fishery after the date of
        enactment of the IFQ Act of 2001--
                    ``(A) shall not allow individual quota shares under
                the system to be sold, transferred, or leased;
                    ``(B) shall prohibit a person from holding an
                individual quota share under the system unless the
                person participates in the fishery for which the
                individual quota share is issued; and
                    ``(C) shall require that if any person that holds
                an individual quota share under the system does not
                engage in fishing under the individual quota share for
                3 or more years in any period of 5 consecutive years,
                the individual quota share shall revert to the
                Secretary and shall be reallocated under the system to
                qualified participants in the fishery in a fair and
                equitable manner.
            ``(7) Exceptions.--
                    ``(A) Hardship.--The Secretary may suspend the
                applicability of paragraph (6) for individuals on a
                case-by-case basis due to death, disablement, undue
                hardship, retirement, or in any case in which fishing
                is prohibited by the Secretary or the Council.
                    ``(B) Transfer to family members.--Notwithstanding
                paragraph (6)(A), the Secretary may permit the transfer
                of an individual fishing quota, on a case-by-case
                basis, from an individual to a member of that
                individual's family under circumstances described in
                subparagraph (A) through a simple and expeditious
                process.
            ``(8) Definitions.--In this subsection:
                    ``(A) individual quota system.--The term
                `individual quota system' means a system that limits
                access to a fishery in order to achieve optimum yield,
                through the allocation and issuance of individual
                quotas.
                    ``(B) individual quota.--The term `individual
                quota' means a grant of permission to harvest a
                quantity of fish in a fishery, during each fishing
                season for which the permission is granted, equal to a
                stated percentage of the total allowable catch for the
                fishery.''.
    (b) Approval of Fishery Management Plans Establishing Individual
Quota Systems.--Section 304 of that Act (16 U.S.C. 1854) is further
amended by adding after subsection (h) the following:
    ``(i) Referendum Procedure.--
            ``(1) A Council may prepare and submit a fishery management
        plan, plan amendment, or regulation that creates an individual
        fishing quota or other quota-based program only if both the
        preparation and the submission of such plan, amendment or
        regulation are approved in separate referenda conducted under
        paragraph (2).
            ``(2) The Secretary, at the request of a Council, shall
        conduct the referenda described in paragraph (1). Each
        referendum shall be decided by a two-thirds majority of the
        votes cast by eligible permit holders. The Secretary shall
        develop guidelines to determine procedures and eligibility
        requirements for referenda and to conduct such referenda in a
        fair and equitable manner.
    ``(j) Action on Limited Access Systems.--
            ``(1) In addition to the other requirements of this Act,
        the Secretary may not approve a fishery management plan that
        establishes a limited access system that provides for the
        allocation of individual quotas (in this subsection referred to
        as an `individual quota system') unless the plan complies with
        section 303(e).
            ``(2) Within 1 year after receipt of recommendations from
        the review panel established under paragraph (3), the Secretary
        shall issue regulations which establish requirements for
        establishing an individual quota system. The regulations shall
        be developed in accordance with the recommendations. The
        regulations shall--
                    ``(A) specify factors that shall be considered by a
                Council in determining whether a fishery should be
                managed under an individual quota system;
                    ``(B) ensure that any individual quota system is
                consistent with the requirements of sections 303(b) and
                303(e), and require the collection of fees in
                accordance with subsection (d)(2) of this section;
                    ``(C) provide for appropriate penalties for
                violations of individual quotas systems, including the
                revocation of individual quotas for such violations;
                    ``(D) include recommendations for potential
                management options related to individual quotas,
                including the use of leases or auctions by the Federal
                Government in the establishment or allocation of
                individual quotas; and
                    ``(E) establish a central lien registry system for
                the identification, perfection, and determination of
                lien priorities, and nonjudicial foreclosure of
                encumbrances, on individual quotas.
            ``(3)(A) Not later than 6 months after the date of the
        enactment of the IFQ Act of 2001, the Secretary shall establish
        a review panel to evaluate fishery management plans in effect
        under this Act that establish a system for limiting access to a
        fishery, including individual quota systems, and other limited
        access systems, with particular attention to--
                    ``(i) the success of the systems in conserving and
                managing fisheries;
                    ``(ii) the costs of implementing and enforcing the
                systems;
                    ``(iii) the economic effects of the systems on
                local communities; and
                    ``(iv) the use of auctions in the establishment or
                allocation of individual quota shares.
            ``(B) The review panel shall consist of--
                    ``(i) the Secretary or a designee of the Secretary;
                    ``(ii) the Commandant of the Coast Guard;
                    ``(iii) a representative of each Council, selected
                by the Council; and
                    ``(iv) 5 individuals with knowledge and experience
                in fisheries management.
            ``(C) Based on the evaluation required under subparagraph
        (A), the review panel shall, by September 30, 2003--
                    ``(i) submit comments to the Councils and the
                Secretary with respect to the revision of individual
                quota systems that were established prior to June 1,
                1995; and
                    ``(ii) submit recommendations to the Secretary for
                the development of the regulations required under
                paragraph (2).''.

Summary: IFQ Act of 2001 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to authorize, subject to referenda approval, the establishment of, and conditions for, individual fishery quota systems.

A bill to amend the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) to authorize the establishment of individual fishery quota systems.