SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Afghanistan Status of
Forces Agreement (SOFA) Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Al Qaeda, a terrorist organization using Afghanistan as
        a base of operations, attacked the United States on September
        11, 2001, killing nearly 3,000 people in New York,
        Pennsylvania, and Virginia.
            (2) Congress passed and the President signed the
        Authorization for Use of Military Force (Public Law 107-40; 50
        U.S.C. 1541 note) on September 18, 2001.
            (3) The United States initiated Operation Enduring Freedom
        to combat Al Qaeda and prevent the Taliban regime in
        Afghanistan from providing Al Qaeda with safe harbor.
            (4) The Taliban was removed from power and the United
        States concluded security agreements with the newly formed
        Afghan government.
            (5) Al Qaeda no longer has a major or relevant presence in
        Afghanistan.
            (6) The United States and Afghanistan has exchanged notes,
        signed agreements, and issued ``joint declarations'' on various
        topics, but have not entered into a bilateral agreement on the
        status of forces.
            (7) A status of forces agreement with Afghanistan would not
        expressly authorize the United States to carry out military
        operations in Afghanistan but would recognize that such
        operations are ongoing.
            (8) The United States is currently party to more than 100
        agreements on the status of forces.
            (9) A status of forces agreement may be a multilateral or
        bilateral agreement addressing the status of United States
        Armed Forces while present in a foreign country.
            (10) Status of forces agreements may include--but are not
        limited to--how the domestic laws of the foreign jurisdiction
        shall be applied to United States personnel and contractors
        while in that country.
            (11) In a similar agreement, parties have pledged to work
        cooperatively in a number of fields, including on diplomatic,
        security, economic, cultural, and law enforcement matters.
            (12) In a similar agreement, a deadline has been
        established for the withdrawal of United States troops by a
        date certain.
            (13) United States personnel subject to a status of forces
        agreement may include members of the United States Armed
        Forces, Department of Defense civilian employees, and
        contractors working for the Department of Defense.

SEC. 3. STATUS OF FORCES AGREEMENT WITH AFGHANISTAN.

    (a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall seek to negotiate and enter
into a bilateral status of forces agreement with the Government of
Afghanistan in accordance with the requirements of this section.
    (b) Mandatory Elements.--The status of forces agreement specified
in subsection (a) shall, to the maximum extent practicable--
            (1) prohibit the permanent basing or military presence of
        United States Armed Forces in Afghanistan;
            (2) provide a date, no later than 1 year after the date on
        which the agreement is entered into with the Government of
        Afghanistan, for the complete, safe, and orderly redeployment
        from Afghanistan of all members of the United States Armed
        Forces, Department of Defense civilian employees, and
        contractors working for the Department of Defense; and
            (3) establish that the temporary presence of United States
        Armed Forces in Afghanistan is at the request and invitation of
        the sovereign Government of Afghanistan.
    (c) Discretionary Elements.--The status of forces agreement
specified in subsection (a) may provide for the authorization of
specific exercises, activities, or missions of the United States Armed
Forces in Afghanistan.
    (d) Sense of Congress.--It is the sense of Congress that the
President should submit the status of forces agreement specified in
subsection (a) to the Senate for its advice and consent to ratification
as a treaty or alternatively the President should request statutory
authorization for the status of forces agreement by Congress.
    (e) Submission to Congress.--
            (1) In general.--The President shall submit to the
        Permanent Select Committee on Intelligence of the House of
        Representatives and the Select Committee on Intelligence of the
        Senate a copy of the status of forces agreement specified in
        subsection (a). The status of forces agreement shall be
        submitted in unclassified form but may contain a classified
        annex if necessary.
            (2) Availability.--Any Senator or Member of the House of
        Representatives may review the copy of the status of forces
        agreement submitted under paragraph (1), including any portions
        of the agreement contained in the classified annex.
            (3) Definition.--In paragraph (2), the term ``Member of the
        House of Representatives'' includes a Delegate or Resident
        Commissioner to Congress.

Summary: United States-Afghanistan Status of Forces Agreement (SOFA) Act of 2011 - Directs the President to seek to enter into a bilateral status of forces agreement with the government of Afghanistan which shall: (1) prohibit the permanent basing or military presence of US Armed Forces in Afghanistan. (2) provide, no later than one year after the date on which such agreement is entered into, for the complete redeployment from Afghanistan of the US Armed Forces and Department of Defense (DOD) civilian employees and contractors. And (3) establish that the temporary presence of US Armed Forces in Afghanistan is at the request of the government of Afghanistan. Authorizes such agreement to provide for specific activities or missions of the US Armed Forces in Afghanistan. Expresses the sense of Congress that the President should submit such agreement to the Senate for its advice and consent to ratification as a treaty or alternatively the President should request statutory authorization for such agreement by Congress.

To require the President to seek to negotiate and enter into a bilateral status of forces agreement with the Government of the Islamic Republic of Afghanistan.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preventing Tragedies Between Police
and Communities Act of 2016''.

SEC. 2. TRAINING ON DE-ESCALATION FOR LAW ENFORCEMENT.

    (a) Training Requirement.--For each fiscal year after the
expiration of the period specified in subsection (d) in which a State
or unit of local government receives a grant under part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.), the State or unit of local government shall require that all
individuals enrolled in an academy of a law enforcement agency of the
State or unit of local government and all law enforcement officers of
the State or unit of local government fulfill a training session on de-
escalation techniques each fiscal year, including--
            (1) the use of alternative non-lethal methods of applying
        force and techniques that prevent the officer from escalating
        any situation where force is likely to be used;
            (2) verbal and physical tactics to minimize the need for
        the use of force, with an emphasis on communication,
        negotiation, de-escalation techniques, providing the time
        needed to resolve the incident safely for everyone;
            (3) the use of the lowest level of force that is a possible
        and safe response to an identified threat, then re-evaluating
        the threat as it progresses;
            (4) techniques that provide all officers with awareness and
        recognition of mental health and substance abuse issues with an
        emphasis on communication strategies, training officers
        simultaneously in teams on de-escalation and use of force to
        improve group dynamics and diminish excessive use of force
        during critical incidents;
            (5) principles of using distance, cover, and time when
        approaching and managing critical incidents, and elimination of
        the use of concepts like the ``21-foot rule'' and ``drawing a
        line in the sand'' in favor of using distance and cover to
        create a ``reaction gap'';
            (6) crisis intervention strategies to appropriately
        identify and respond to individuals suffering from mental
        health or substance abuse issues, with an emphasis on de-
        escalation tactics and promoting effective communication; and
            (7) other evidence-based approaches, found to be
        appropriate by the Attorney General, that enhance de-escalation
        skills and tactics, such as the Critical Decision-Making Model
        and scenario based trainings.
In the case of individuals attending an academy, such training session
shall be for such an appropriate amount of time as to ensure academy
participants receive effective training under this subsection and in
the case of all other law enforcement officers, the training session
shall be for an appropriate amount of time as to ensure officers
receive effective training under this subsection. The State or unit of
local government shall certify to the Attorney General of the United
States that such training sessions have been completed.
    (b) Scenario-Based Training.--Training described in subsection (a)
shall be conducted with an emphasis on training that employs theories
of de-escalation techniques and applies them to practical on-the-job
scenarios that regularly face law enforcement officers.
    (c) Cross-Training.--To the extent practicable, principles of
training as described in subsection (a) shall be applied to other
training conducted at the academy.
    (d) Compliance and Ineligibility.--
            (1) Compliance date.--Beginning not later than 1 year after
        the date of this Act, each State or unit of local government
        receiving a grant shall comply with subsection (a), except that
        the Attorney General may grant an additional 6 months to a
        State or unit of local government that is making good faith
        efforts to comply with such subsection.
            (2) Ineligibility for funds.--For any fiscal year after the
        expiration of the period specified in paragraph (1), a State or
        unit of local government that fails to comply with subsection
        (a), shall, at the discretion of the Attorney General, be
        subject to not more than a 20-percent reduction of the funds
        that would otherwise be allocated for that fiscal year to the
        State or unit of local government under subpart 1 of part E of
        title I of the Omnibus Crime Control and Safe Streets Act of
        1968 (42 U.S.C. 3750 et seq.), whether characterized as the
        Edward Byrne Memorial State and Local Law Enforcement
        Assistance Programs, the Local Government Law Enforcement Block
        Grants Program, the Edward Byrne Memorial Justice Assistance
        Grant Program, or otherwise.
    (e) Reallocation.--Amounts not allocated under a program referred
to in subsection (b)(2) to a State or unit of local government for
failure to fully comply with subsection (a) shall be reallocated under
that program to States and units of local government that have not
failed to comply with such subsection.
    (f) Evidence-Based Practices.--For purposes of subsection (a)(4),
the Attorney General shall maintain a list of evidence-based practices
it determines is successful in enhancing de-escalation skills of law
enforcement officers. The Attorney General shall regularly update this
list as needed and shall publish the list to the public on a yearly
basis.

SEC. 3. DATA COLLECTION.

    The Attorney General shall collect data on efforts undertaken by
Federal fund recipients to enhance de-escalation training for law
enforcement officers.

SEC. 4. AFFIRMATIVE DUTY TO USE DE-ESCALATION TACTICS WHEN AVAILABLE.

    (a) In General.--In the case of a State or unit of local government
that received a grant award under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.), if that State or unit of local government fails by the end of a
fiscal year to enact or have in effect laws, policies, or procedures
that sets forth an affirmative duty on a law enforcement officer of
that State or unit of local government, whenever possible, to employ
de-escalation techniques in which the officer has received training
required under section 2(a), the Attorney General shall reduce the
amount that would otherwise be awarded to that State or unit of local
government under such grant program in the following fiscal year by 15
percent.
    (b) Reallocation.--Amounts not allocated under a program referred
to in subsection (a) to a State or unit of local government for failure
to be in compliance with this section shall be reallocated under that
program to States and units of local government that are in compliance
with this section.

SEC. 5. ATTORNEY GENERAL GUIDANCE.

    Not later than 180 days after the date of enactment of this Act,
the Attorney General shall issue guidance, for the benefit of States
and units of local government, on compliance with the requirements of
this Act.

Summary: Preventing Tragedies Between Police and Communities Act of 2016 This bill requires a state or local government that receives funding under the Edward Byrne Memorial Justice Assistance Grant (JAG) program to train law enforcement officers on de-escalation techniques. The Department of Justice (DOJ) may reduce by up to 20 the JAG allocation of a state or local government that fails to comply. DOJ must collect data on the efforts of state and local governments to enhance de-escalation training for law enforcement officers. Additionally, a state or local government that receives JAG program funding must enact a law, policy, or procedure that establishes an affirmative duty on a law enforcement officer to use de-escalation techniques. DOJ must reduce by 15 the JAG allocation of a state or local government that fails to enact such law, policy, or procedure. DOJ must issue guidance on compliance with these requirements.


SECTION 1. SHORT TITLE.

    This Act may be cited as ``Small Business Tax Modernization Act of
2004''.

SEC. 2. UNIFIED PASS-THRU ENTITY REGIME.

    (a) Termination of S Corporation Status.--
            (1) No new s corporation elections.--Subsection (a) of
        section 1362 of the Internal Revenue Code of 1986 is amended by
        adding at the end the following new paragraph:
            ``(3) Termination of authority to make election.--No
        election may be made under paragraph (1) for any taxable year
        beginning after December 31, 2004.''.
            (2) Termination of status.--Subsection (d) of section 1362
        of such Code (relating to termination) is amended by adding at
        the end the following new paragraph:
            ``(4) Treatment as partnership after 2014.--An election
        under subsection (a)--
                    ``(A) shall not be effective for any taxable year
                beginning after December 31, 2014, and
                    ``(B) shall be treated as an election under section
                7701(a)(2)(B) for taxable years beginning after such
                date.''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after December 31, 2004.
    (b) Election by Certain Corporations to Be Taxed as Partnership.--
            (1) In general.--Paragraph (2) of section 7701(a) of such
        Code (defining partnership and partner) is amended to read as
        follows:
            ``(2) Partnership and partner.--
                    ``(A) In general.--The term `partnership' includes
                a syndicate, group, pool, joint venture, or other
                unincorporated organization, through or by means of
                which any business, financial operation, or venture is
                carried on, and which is not, within the meaning of
                this title, a trust or estate or a corporation; and the
                term `partner' includes a member in such a syndicate,
                group, pool, joint venture, or organization.
                    ``(B) Election by corporation to be taxed as
                partnership.--
                            ``(i) In general.--An eligible corporation
                        may elect to be treated as a partnership for
                        purposes of this title.
                            ``(ii) Tax treatment.--Except as provided
                        in section 1379A--
                                    ``(I) no gain or loss shall be
                                recognized to the corporation or the
                                shareholders by reason of an election
                                under clause (i), and
                                    ``(II) except in the case of an
                                election made by a S corporation after
                                the end of the recognition period (as
                                defined in section 1374(d)(7) without
                                regard to subparagraph (B) thereof),
                                section 1374 shall apply to the entity
                                after such election.
                            ``(iii) Eligible corporation.--For purposes
                        of clause (i), the term `eligible corporation'
                        means an entity--
                                    ``(I) which, without regard to this
                                subparagraph, is a domestic corporation
                                no stock of which is readily tradable
                                on an established securities market or
                                otherwise, and
                                    ``(II) which is not an ineligible
                                corporation (as defined by section
                                1361(b)(2)).
                            ``(iv) Election and termination.--For
                        purposes of this subparagraph, rules similar to
                        the rules of section 1362 (other than
                        subsections (a)(3), (d)(3) and (4), and (e)
                        thereof) shall apply.
                            ``(v) Distributions, etc.--Each partner
                        shall include in gross income as a dividend,
                        any amount that would have been so includible
                        had the entity been an S corporation during the
                        period the entity was treated as a partnership.
                        Notwithstanding the preceding sentence, the
                        provisions of subchapter K of chapter 1 shall
                        apply to determine the basis of any property
                        distributed and the basis of any interest in
                        the partnership.
                            ``(vi) Cross reference.--For tax treatment
                        of S corporation electing unified pass-thru
                        regime, see section 1379A.''.
            (2) Tax treatment of s corporation electing unified pass-
        thru regime.--
                    (A) In general.--Part IV of subchapter S of chapter
                1 of such Code is amended by inserting after section
                1379 the following new section:

``SEC. 1379A. TAX TREATMENT OF S CORPORATION ELECTING UNIFIED PASS-THRU
              REGIME.

    ``In the case of an election under section 7701(a)(2)(B) by an S
corporation before January 1, 2015, with respect to the corporation--
            ``(1) the shareholders shall be treated as if the assets
        were distributed, on the date of such election, to the
        shareholders in exchange for their stock,
            ``(2) any gain or loss recognized to the shareholders by
        reason of paragraph (1) shall be taken into account by the
        shareholders ratably over the taxable year in which the
        distribution is deemed to be made under paragraph (1) and the
        succeeding 4 taxable years, and
            ``(3) proper adjustments to the basis of interests in the
        entity shall be made.''.
                    (B) Clerical amendment.--The table of sections for
                part IV of subchapter S of chapter 1 of such Code is
                amended by inserting after the item relating to section
                1379 the following new item:

``Sec. 1379A. Tax treatment of S corporation electing unified pass-thru
                            regime.''.
            (3) Modification to treatment of section 1374 tax for
        earnings and profits purposes.--Paragraph (2) of section
        1366(f) of such Code is amended to read as follows:
            ``(2) Treatment of tax imposed on built-in gains.--
                    ``(A) In general.--The amount of the items of the
                net recognized built-in gain taken into account under
                section 1374(b)(1) (reduced by any deduction allowed
                under section 1374(b)(2)) shall not be taken into
                account under this section.
                    ``(B) Earnings and profits.--The accumulated
                earnings and profits of the corporation shall be
                increased at the beginning of the taxable year by the
                amount not taken into account under this section by
                reason of subparagraph (A) (determined without regard
                to section 1374(b)(2)) reduced by the tax imposed by
                section 1374 (net of credits allowed).''.
            (4) Effect of election on recognition period for purposes
        of tax imposed on built-in gains.--Paragraph (7) of section
        1374(d) of such Code is amended to read as follows:
            ``(7) Recognition period.--
                    ``(A) In general.--The term `recognition period'
                means the 10-year period beginning with the 1st day of
                the 1st taxable year for which the corporation was an S
                corporation. For purposes of applying this section to
                any amount includible in income by reason of section
                593(e), the preceding sentence shall be applied without
                regard to the phrase `10-year'.
                    ``(B) Special rule relating to election of
                corporation to be taxed as partnership.--
                            ``(i) In general.--In the case of an
                        election under section 7701(a)(2)(B),
                        subparagraph (A) shall be applied by
                        substituting `25-year' for `10-year' both
                        places it appears.
                            ``(ii) Exception where 10-year period
                        expired.--If, on the date of an election
                        referred to in clause (i) by a corporation, the
                        10-year period specified in subparagraph (A)
                        with respect to such corporation has expired,
                        clause (i) shall not apply to such
                        corporation.''.
            (5) Effective dates.--The amendments made by this
        subsection shall apply to taxable years beginning after
        December 31, 2004.
    (c) Step Transaction Doctrine not to Apply to Partnership
Incorporation Followed by Corporate Reorganization.--
            (1) In general.--Section 351 of such Code is amended by
        redesignating subsection (h) as subsection (i) and by inserting
        after subsection (g) the following new subsection:
    ``(h) Special Rule for Partnerships Which Incorporate and
Subsequently Reorganize.--The step transaction doctrine and any similar
doctrine shall not apply for purposes of determining whether the
control requirement of subsection (a) is met in any case in which--
            ``(1) a partnership engaged in an active trade or business
        transfers substantially all of the property used in carrying on
        such trade or business to a corporation which is not publicly
        traded, and
            ``(2) such corporation subsequently enters into a
        reorganization under this chapter.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to transactions after December 31, 2004.

SEC. 3. PARTNERSHIP INCOME ATTRIBUTABLE TO CAPITAL EXCLUDED FROM NET
              EARNINGS FROM SELF-EMPLOYMENT.

    (a) In General.--Paragraph (13) of section 1402(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
            ``(13) there shall be excluded the distributive share of
        net income of a partner attributable to capital;''.
    (b) Partnership Income Attributable to Capital.--Section 1402 of
such Code is amended by adding at the end the following new subsection:
    ``(l) Partnership Income Attributable to Capital.--
            ``(1) In general.--For purposes of subsection (a)(13), the
        following amounts shall be treated as income attributable to
        capital--
                    ``(A) the amount, if any, in excess of what would
                constitute reasonable compensation for services
                rendered by such partner to the partnership, and
                    ``(B) an amount equal to a reasonable rate of
                return on unreturned capital of the partner determined
                as of the beginning of the taxable year.
            ``(2) Definitions.--For purposes of paragraph (1)--
                    ``(A) Unreturned capital.--The term `unreturned
                capital' means the excess of the aggregate amount of
                money and the fair market value as of the date of
                contribution of other consideration (net of
                liabilities) contributed by the partner over the
                aggregate amount of money and the fair market value as
                of the date of distribution of other consideration (net
                of liabilities) distributed by the partnership to the
                partner, increased or decreased for the partner's
                distributive share of all reportable items as
                determined in section 702. If the partner acquires a
                partnership interest and the partnership makes an
                election under section 754, the partner's unreturned
                capital shall take into account appropriate adjustments
                under section 743.
                    ``(B) Reasonable rate of return.--A reasonable rate
                of return on unreturned capital shall equal 150 percent
                (or such higher rate as is established in regulations)
                of the highest applicable Federal rate, as determined
                under section 1274(d)(1), at the beginning of the
                partnership's taxable year.
            ``(3) Regulations.--The Secretary shall prescribe such
        regulations as may be necessary to carry out the purposes of
        this subsection.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to services performed in taxable years beginning
after December 31, 2004.

Summary: Small Business Modernization Act of 2004 - Amends the Internal Revenue Code to: (1) terminate subchapter S corporation elections after 2004 and subchapter S status after 2014 and to allow privately-held domestic corporations, in lieu of electing subchapter S treatment, to elect to be treated as partnerships for tax purposes. (2) set forth rules for the tax treatment of former subchapter S corporations electing partnership status. And (3) exclude from net earnings from self-employment partnership income attributable to capital.

To amend the Internal Revenue Code of 1986 to provide for unified income taxation with respect to pass-thru entities.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
    (a) Short Title.--This Act may be cited as the ``VA Major
Construction Authorization and Expiring Authorities Extension Act of
2012''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to title 38, United States Code.
Sec. 3. Scoring of budgetary effects.

                  TITLE I--CONSTRUCTION AUTHORIZATIONS

Sec. 101. Authorization of fiscal year 2013 major medical facility
          projects.
Sec. 102. Authorization of major medical facility project in Miami,
          Florida.
Sec. 103. Authorization of appropriations.

          TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES

Sec. 201. Extension of authority to calculate the net value of real
          property securing a defaulted loan for purposes of
          liquidation.
Sec. 202. Extension of authority for operation of the Department of
          Veterans Affairs regional office in Manila, the Republic of
          the Philippines.
Sec. 203. Extension of authority to provide treatment, rehabilitation,
          and certain other services for seriously mentally ill and
          homeless veterans.
Sec. 204. Extension of authority to provide expanded services to
          homeless veterans.
Sec. 205. Extension of authority to provide housing assistance for
          homeless veterans.
Sec. 206. Extension of authority for the Advisory Committee on Homeless
          Veterans.
Sec. 207. Extension of authority for the performance of medical
          disability examinations by contract physicians.
SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE.
    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 38, United States
Code.
SEC. 3. SCORING OF BUDGETARY EFFECTS.
    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

                  TITLE I--CONSTRUCTION AUTHORIZATIONS

    SEC. 101. AUTHORIZATION OF FISCAL YEAR 2013 MAJOR MEDICAL FACILITY
      PROJECTS.
    The Secretary of Veterans Affairs may carry out the following major
medical facility projects in fiscal year 2013 in the amount specified
for each project:
        (1) Construction of a mental health building at the Department
    of Veterans Affairs Medical Center, Seattle, Washington, in an
    amount not to exceed $222,000,000.
        (2) Construction of a spinal cord injury center at the
    Department of Veterans Affairs Medical Center, Dallas, Texas, in an
    amount not to exceed $155,200,000.
    SEC. 102. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECT IN MIAMI,
      FLORIDA.
    (a) In General.--The Secretary of Veterans Affairs may carry out
the major medical facility project described in subsection (b) in an
amount not to exceed a total of $41,000,000.
    (b) Project Described.--The major medical facility project
described in this subsection is the renovation of the surgical suite
and operating rooms at the Department of Veterans Affairs Medical
Center, Miami, Florida.
    SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
    (a) Authorization of Appropriations for Construction.--There is
authorized to be appropriated to the Secretary of Veterans Affairs for
fiscal year 2013 or the year in which funds are appropriated for the
Construction, Major Projects, account $377,200,000 for the projects
authorized in section 101.
    (b) Limitation.--In addition to any limitations under section 8104
of title 38, United States Code, or other provision of law that apply
to the projects authorized in section 101 and 102, such projects may
only be carried out using--
        (1) funds appropriated for fiscal year 2013 pursuant to the
    authorization of appropriations in subsection (a) of this section;
        (2) funds available for Construction, Major Projects, for a
    fiscal year before fiscal year 2013 that remain available for
    obligation;
        (3) funds available for Construction, Major Projects, for a
    fiscal year after fiscal year 2013 that remain available for
    obligation;
        (4) funds appropriated for Construction, Major Projects, for
    fiscal year 2013 for a category of activity not specific to a
    project;
        (5) funds appropriated for Construction, Major Projects, for a
    fiscal year before 2013 for a category of activity not specific to
    a project; and
        (6) funds appropriated for Construction, Major Projects, for a
    fiscal year after 2013 for a category of activity not specific to a
    project.

          TITLE II--EXTENSIONS OF CERTAIN EXPIRING AUTHORITIES

    SEC. 201. EXTENSION OF AUTHORITY TO CALCULATE THE NET VALUE OF REAL
      PROPERTY SECURING A DEFAULTED LOAN FOR PURPOSES OF LIQUIDATION.
    Section 3732(c)(11) is amended by striking ``October 1, 2012'' and
inserting ``October 1, 2013''.
    SEC. 202. EXTENSION OF AUTHORITY FOR OPERATION OF THE DEPARTMENT OF
      VETERANS AFFAIRS REGIONAL OFFICE IN MANILA, THE REPUBLIC OF THE
      PHILIPPINES.
    Section 315(b) is amended by striking ``December 31, 2012'' and
inserting ``December 31, 2013''. Such section 315 shall be carried out
as amended by this section notwithstanding the date described in
section 151 of the Continuing Appropriations Resolution, 2013.
    SEC. 203. EXTENSION OF AUTHORITY TO PROVIDE TREATMENT,
      REHABILITATION, AND CERTAIN OTHER SERVICES FOR SERIOUSLY MENTALLY
      ILL AND HOMELESS VETERANS.
    Section 2031(b) is amended by striking ``December 31, 2012'' and
inserting ``December 31, 2013''.
    SEC. 204. EXTENSION OF AUTHORITY TO PROVIDE EXPANDED SERVICES TO
      HOMELESS VETERANS.
    Section 2033(d) is amended by striking ``December 31, 2012'' and
inserting ``December 31, 2013''.
    SEC. 205. EXTENSION OF AUTHORITY TO PROVIDE HOUSING ASSISTANCE FOR
      HOMELESS VETERANS.
    Section 2041(c) is amended by striking ``December 31, 2012'' and
inserting ``December 31, 2013''.
    SEC. 206. EXTENSION OF AUTHORITY FOR THE ADVISORY COMMITTEE ON
      HOMELESS VETERANS.
    Section 2066(d) is amended by striking ``December 31, 2012'' and
inserting ``December 31, 2013''.
    SEC. 207. EXTENSION OF AUTHORITY FOR THE PERFORMANCE OF MEDICAL
      DISABILITY EXAMINATIONS BY CONTRACT PHYSICIANS.
    Section 704(c) of the Veterans Benefits Act of 2003 (38 U.S.C. 5101
note) is amended by striking ``December 31, 2012'' and inserting
``December 31, 2013''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: VA Major Construction Authorization and Expiring Authorities Extension Act of 2012 - Title I: Construction Authorizations - Authorizes the Secretary of Veterans Affairs (VA) to carry out major medical facility projects (projects) in FY2013 at VA medical centers in: (1) Seattle, Washington, (2) Dallas, Texas. And (3) Miami, Florida. Authorizes appropriations for such projects. Provides project funding limitations. Title II: Extensions of Certain Expiring Authorities - Extends through FY2013 VA default procedures with respect to guaranteed loans to veterans. Extends through 2013 VA authority: (1) to operate a regional office in the Republic of the Philippines. (2) to provide treatment, rehabilitation, and related services for seriously mentally ill and homeless veterans. (3) to provide expanded services and housing assistance to homeless veterans, (4) for the Advisory Committee on Homeless Veterans. And (5) to use contract physicians to perform VA medical disability examinations.

To authorize certain Department of Veterans Affairs major medical facility projects, to amend title 38, United States Code, to extend certain authorities of the Secretary of Veterans Affairs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bar Removal of Individuals who Dream
and Grow our Economy Act'' or the ``BRIDGE Act''.

SEC. 2. PROVISIONAL PROTECTED PRESENCE FOR YOUNG INDIVIDUALS.

    (a) In General.--Chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.) is amended by adding at the end
the following:

``SEC. 244A. PROVISIONAL PROTECTED PRESENCE.

    ``(a) Definitions.--In this section:
            ``(1) DACA recipient.--The term `DACA recipient' means an
        alien who is in deferred action status on the date of the
        enactment of this section pursuant to the Deferred Action for
        Childhood Arrivals (`DACA') Program announced on June 15, 2012.
            ``(2) Felony.--The term `felony' means a Federal, State, or
        local criminal offense (excluding a State or local offense for
        which an essential element was the alien's immigration status)
        punishable by imprisonment for a term exceeding one year.
            ``(3) Misdemeanor.--The term `misdemeanor' means a Federal,
        State, or local criminal offense (excluding a State or local
        offense for which an essential element was the alien's
        immigration status, a significant misdemeanor, and a minor
        traffic offense) for which--
                    ``(A) the maximum term of imprisonment is greater
                than five days and not greater than one year; and
                    ``(B) the individual was sentenced to time in
                custody of 90 days or less.
            ``(4) Secretary.--The term `Secretary' means the Secretary
        of Homeland Security.
            ``(5) Significant misdemeanor.--The term `significant
        misdemeanor' means a Federal, State, or local criminal offense
        (excluding a State or local offense for which an essential
        element was the alien's immigration status) for which the
        maximum term of imprisonment is greater than five days and not
        greater than one year that--
                    ``(A) regardless of the sentence imposed, is a
                crime of domestic violence (as defined in section
                237(a)(2)(E)(i)) or an offense of sexual abuse or
                exploitation, burglary, unlawful possession or use of a
                firearm, drug distribution or trafficking, or driving
                under the influence if the State law requires, as an
                element of the offense, the operation of a motor
                vehicle and a finding of impairment or a blood alcohol
                content of .08 or higher; or
                    ``(B) resulted in a sentence of time in custody of
                more than 90 days, excluding an offense for which the
                sentence was suspended.
            ``(6) Threat to national security.--An alien is a `threat
        to national security' if the alien is--
                    ``(A) inadmissible under section 212(a)(3); or
                    ``(B) deportable under section 237(a)(4).
            ``(7) Threat to public safety.--An alien is a `threat to
        public safety' if the alien--
                    ``(A) has been convicted of an offense for which an
                element was participation in a criminal street gang (as
                defined in section 521(a) of title 18, United States
                Code); or
                    ``(B) has engaged in a continuing criminal
                enterprise (as defined in section 408(c) of the
                Comprehensive Drug Abuse Prevention and Control Act of
                1970 (21 U.S.C. 848(c))).
    ``(b) Authorization.--The Secretary--
            ``(1) shall grant provisional protected presence to an
        alien who files an application demonstrating that he or she
        meets the eligibility criteria under subsection (c) and pays
        the appropriate application fee;
            ``(2) may not remove such alien from the United States
        during the period in which such provisional protected presence
        is in effect unless such status is rescinded pursuant to
        subsection (g); and
            ``(3) shall provide such alien with employment
        authorization.
    ``(c) Eligibility Criteria.--An alien is eligible for provisional
protected presence under this section and employment authorization if
the alien--
            ``(1) was born after June 15, 1981;
            ``(2) entered the United States before attaining 16 years
        of age;
            ``(3) continuously resided in the United States between
        June 15, 2007, and the date on which the alien files an
        application under this section;
            ``(4) was physically present in the United States on June
        15, 2012, and on the date on which the alien files an
        application under this section;
            ``(5) was unlawfully present in the United States on June
        15, 2012;
            ``(6) on the date on which the alien files an application
        for provisional protected presence--
                    ``(A) is enrolled in school or in an education
                program assisting students in obtaining a regular high
                school diploma or its recognized equivalent under State
                law, or in passing a general educational development
                exam or other State-authorized exam;
                    ``(B) has graduated or obtained a certificate of
                completion from high school;
                    ``(C) has obtained a general educational
                development certificate; or
                    ``(D) is an honorably discharged veteran of the
                Coast Guard or Armed Forces of the United States;
            ``(7) has not been convicted of--
                    ``(A) a felony;
                    ``(B) a significant misdemeanor; or
                    ``(C) three or more misdemeanors not occurring on
                the same date and not arising out of the same act,
                omission, or scheme of misconduct; and
            ``(8) does not otherwise pose a threat to national security
        or a threat to public safety.
    ``(d) Duration of Provisional Protected Presence and Employment
Authorization.--Provisional protected presence and the employment
authorization provided under this section shall be effective until the
date that is three years after the date of the enactment of this
section.
    ``(e) Status During Period of Provisional Protected Presence.--
            ``(1) In general.--An alien granted provisional protected
        presence is not considered to be unlawfully present in the
        United States during the period beginning on the date such
        status is granted and ending on the date described in
        subsection (d).
            ``(2) Status outside period.--The granting of provisional
        protected presence under this section does not excuse previous
        or subsequent periods of unlawful presence.
    ``(f) Application.--
            ``(1) Age requirement.--
                    ``(A) In general.--An alien who has never been in
                removal proceedings, or whose proceedings have been
                terminated before making a request for provisional
                protected presence, shall be at least 15 years old on
                the date on which the alien submits an application
                under this section.
                    ``(B) Exception.--The age requirement set forth in
                subparagraph (A) shall not apply to an alien who, on
                the date on which the alien applies for provisional
                protected presence, is in removal proceedings, has a
                final removal order, or has a voluntary departure
                order.
            ``(2) Application fee.--
                    ``(A) In general.--The Secretary may require aliens
                applying for provisional protected presence and
                employment authorization under this section to pay a
                reasonable fee that is commensurate with the cost of
                processing the application.
                    ``(B) Exemption.--An applicant may be exempted from
                paying the fee required under subparagraph (A) if the
                alien--
                            ``(i)(I) is younger than 18 years of age;
                            ``(II) received total income during the 12-
                        month period immediately preceding the date on
                        which the alien files an application under this
                        section that is less than 150 percent of the
                        United States poverty level; and
                            ``(III) is in foster care or otherwise
                        lacking any parental or other familial support;
                            ``(ii) is younger than 18 years of age and
                        is homeless;
                            ``(iii)(I) cannot care for himself or
                        herself because of a serious, chronic
                        disability; and
                            ``(II) received total income during the 12-
                        month period immediately preceding the date on
                        which the alien files an application under this
                        section that is less than 150 percent of the
                        United States poverty level; or
                            ``(iv)(I) as of the date on which the alien
                        files an application under this section, has
                        accumulated $10,000 or more in debt in the past
                        12 months as a result of unreimbursed medical
                        expenses incurred by the alien or an immediate
                        family member of the alien; and
                            ``(II) received total income during the 12-
                        month period immediately preceding the date on
                        which the alien files an application under this
                        section that is less than 150 percent of the
                        United States poverty level.
            ``(3) Removal stayed while application pending.--The
        Secretary may not remove an alien from the United States who
        appears prima facie eligible for provisional protected presence
        while the alien's application for provisional protected
        presence is pending.
            ``(4) Aliens not in immigration detention.--An alien who is
        not in immigration detention, but who is in removal
        proceedings, is the subject of a final removal order, or is the
        subject of a voluntary departure order, may apply for
        provisional protected presence under this section if the alien
        appears prima facie eligible for provisional protected
        presence.
            ``(5) Aliens in immigration detention.--The Secretary shall
        provide any alien in immigration detention, including any alien
        who is in removal proceedings, is the subject of a final
        removal order, or is the subject of a voluntary departure
        order, who appears prima facie eligible for provisional
        protected presence, upon request, with a reasonable opportunity
        to apply for provisional protected presence under this section.
            ``(6) Confidentiality.--
                    ``(A) In general.--The Secretary shall protect
                information provided in applications for provisional
                protected presence under this section and in requests
                for consideration of DACA from disclosure to U.S.
                Immigration and Customs Enforcement and U.S. Customs
                and Border Protection for the purpose of immigration
                enforcement proceedings.
                    ``(B) Referrals prohibited.--The Secretary may not
                refer individuals whose cases have been deferred
                pursuant to DACA or who have been granted provisional
                protected presence under this section to U.S.
                Immigration and Customs Enforcement.
                    ``(C) Limited exception.--The information submitted
                in applications for provisional protected presence
                under this section and in requests for consideration of
                DACA may be shared with national security and law
                enforcement agencies--
                            ``(i) for assistance in the consideration
                        of the application for provisional protected
                        presence;
                            ``(ii) to identify or prevent fraudulent
                        claims;
                            ``(iii) for national security purposes; and
                            ``(iv) for the investigation or prosecution
                        of any felony not related to immigration
                        status.
            ``(7) Acceptance of applications.--Not later than 60 days
        after the date of the enactment of this section, the Secretary
        shall begin accepting applications for provisional protected
        presence and employment authorization.
    ``(g) Rescission of Provisional Protected Presence.--The Secretary
may not rescind an alien's provisional protected presence or employment
authorization granted under this section unless the Secretary
determines that the alien--
            ``(1) has been convicted of--
                    ``(A) a felony;
                    ``(B) a significant misdemeanor; or
                    ``(C) three or more misdemeanors not occurring on
                the same date and not arising out of the same act,
                omission, or scheme of misconduct;
            ``(2) poses a threat to national security or a threat to
        public safety;
            ``(3) has traveled outside of the United States without
        authorization from the Secretary; or
            ``(4) has ceased to continuously reside in the United
        States.
    ``(h) Treatment of Brief, Casual, and Innocent Departures and
Certain Other Absences.--For purposes of subsections (c)(3) and (g)(4),
an alien shall not be considered to have failed to continuously reside
in the United States due to--
            ``(1) brief, casual, and innocent absences from the United
        States during the period beginning on June 15, 2007, and ending
        on August 14, 2012; or
            ``(2) travel outside of the United States on or after
        August 15, 2012, if such travel was authorized by the
        Secretary.
    ``(i) Treatment of Expunged Convictions.--For purposes of
subsections (c)(7) and (g)(1), an expunged conviction shall not
automatically be treated as a disqualifying felony, significant
misdemeanor, or misdemeanor, but shall be evaluated on a case-by-case
basis according to the nature and severity of the offense to determine
whether, under the particular circumstances, the alien should be
eligible for provisional protected presence under this section.
    ``(j) Effect of Deferred Action Under Deferred Action for Childhood
Arrivals Program.--
            ``(1) Provisional protected presence.--A DACA recipient is
        deemed to have provisional protected presence under this
        section through the expiration date of the alien's deferred
        action status, as specified by the Secretary in conjunction
        with the approval of the alien's DACA application.
            ``(2) Employment authorization.--If a DACA recipient has
        been granted employment authorization by the Secretary in
        addition to deferred action, the employment authorization shall
        continue through the expiration date of the alien's deferred
        action status, as specified by the Secretary in conjunction
        with the approval of the alien's DACA application.
            ``(3) Effect of application.--If a DACA recipient files an
        application for provisional protected presence under this
        section not later than the expiration date of the alien's
        deferred action status, as specified by the Secretary in
        conjunction with the approval of the alien's DACA application,
        the alien's provisional protected presence, and any employment
        authorization, shall remain in effect pending the adjudication
        of such application.''.
    (b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after
the item relating to section 244 the following:

``Sec. 244A. Provisional protected presence.''.

Summary: Bar Removal of Individuals who Dream and Grow our Economy Act or the BRIDGE Act This bill amends the Immigration and Nationality Act to provide that the Department of Homeland Security (DHS): (1) shall grant a three-year provisional protected presence to a qualifying alien, (2) may not remove the alien from the United States unless such protected presence is rescinded, and (3) shall provide such alien with employment authorization. An alien is eligible for such protected presence and employment authorization if the alien: (1) was born after June 15, 1981. (2) entered the United States before attaining 16 years of age, (3)nbsp, nbsp, nbsp, continuously resided in the United States since June 15, 2007. (4) was physically but unlawfully present in the United States on June 15. (5) on the date the alien files an application the alien is present in the United States, is enrolled in school or in an education program assisting students in obtaining a high school diploma, has graduated or obtained a certificate of completion from high school or a general educational development certificate, or is an honorably discharged US Coast Guard or Armed Forces veteran. (6) has not been convicted of a felony, a significant misdemeanor, or three or more misdemeanors not occurring on the same date and not arising out of the same act. And (7) does not otherwise pose a threat to national security or a threat to public safety. The bill: (1) provides for confidentiality of application information, with certain national security and law enforcement exceptions. And (2) sets forth the criteria under which DHS may rescind protected presence. An alien granted protected presence is not considered to be unlawfully present in the United States during such period. An alien must be at least 15 years old, unless in removal proceedings, to apply for protected presence. DHS may provide for an application fee and for fee exemptions. DHS may not: (1) remove an alien who appears prima facie eligible for protected presence while the alien's application is pending, or (2) refer individuals whose cases have been deferred pursuant to the Deferred Action for Childhood Arrivals Program (DACA) or who have been granted protected presence to US Immigration and Customs Enforcement. A DACA alien is deemed to have protected presence through the expiration date of his or her deferred action status.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agricultural Credit Equity Act of
1993''.

SEC. 2. INDEXATION OF GUARANTEED LOAN LIMITS IN COUNTIES WITH ABOVE
              AVERAGE LAND COSTS.

    (a) Guaranteed Real Estate Loans.--Section 305 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1925) is amended--
            (1) by inserting ``(a)'' before ``The Secretary shall
        make'';
            (2) by inserting ``multiplied by the adjustment factor
        calculated under subsection (b) for the area in which the
        borrower is located'' after ``$300,000''; and
            (3) by adding at the end the following:
    ``(b)(1) Upon the enactment of this subsection, and not later than
the date any Census of Agriculture is completed, the Secretary shall
calculate--
            ``(A) the average value of land and buildings in each
        defined area in the United States; and
            ``(B) the adjustment factor for each such area in
        accordance with paragraph (2).
    ``(2) The adjustment factor for any defined area shall be 1.00,
plus an amount that is directly proportional to the percentage (if any)
by which the average value of land and buildings in the defined area
exceeds the average value of land and buildings in the United States.
The Secretary shall determine the proportion to be used in calculating
adjustment factors under this subsection.
    ``(3) As used in paragraph (1), the term `defined area' means--
            ``(A) a county; and
            ``(B) any other area if the Secretary deems it appropriate
        to calculate a separate adjustment factor for the area to
        better serve the credit needs of family farms in the area.''.
    (b) Guaranteed Operating Loans.--Section 313 of such Act (7 U.S.C.
1943) is amended--
            (1) by inserting ``(a)'' before ``The Secretary shall
        make'';
            (2) by inserting ``multiplied by the adjustment factor
        calculated under subsection (b) for the area in which the
        borrower is located'' after ``$400,000''; and
            (3) by adding at the end the following:
    ``(b)(1) Upon the enactment of this subsection, and not later than
the date any Census of Agriculture is completed, the Secretary shall
calculate--
            ``(A) the average value of land and buildings in each
        defined area in the United States; and
            ``(B) the adjustment factor for each such area in
        accordance with paragraph (2).
    ``(2) The adjustment factor for any defined area shall be 1.00,
plus an amount that is directly proportional to the percentage (if any)
by which the average value of land and buildings in the defined area
exceeds the average value of land and buildings in the United States.
The Secretary shall determine the proportion to be used in calculating
adjustment factors under this subsection.
    ``(3) As used in paragraph (1), the term `defined area' means--
            ``(A) a county; and
            ``(B) any other area if the Secretary deems it appropriate
        to calculate a separate adjustment factor for the area to
        better serve the credit needs of family farms in the area.''.
    (c) Elimination of Ceiling on Price of Property Which May Be
Acquired Under the Down Payment Loan Program.--Section 310E of such Act
(7 U.S.C. 1935) is amended--
            (1) in subsection (b)(1), by inserting ``the lesser of
        $75,000, or'' before ``30''; and
            (2) in subection (c), by striking paragraph (2) and
        redesignating paragraph (3) as paragraph (2).

SEC. 3. HIRED LABOR LIMITS.

    (a) Real Estate Loans.--Section 302 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1922) is amended by adding at the end
the following:
    ``(c)(1) The primary factor to be considered in determining whether
an applicant for a loan under this subtitle is engaged primarily and
directly in farming or ranching shall be whether the applicant is
participating in routine, ongoing farm activities, and in overall
decisionmaking with regard to the farm or ranch.
    ``(2) The Secretary may not deny a loan under this subtitle solely
because more than 2 individuals are employed full-time in the farming
operation for which the loan is sought.''.
    (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is
amended by adding at the end the following:
    ``(d)(1) The primary factor to be considered in determining whether
an applicant for a loan under this subtitle is engaged primarily and
directly in farming or ranching shall be whether the applicant is
participating in routine, ongoing farm activities, and in overall
decisionmaking with regard to the farm or ranch.
    ``(2) The Secretary may not deny a loan under this subtitle solely
because more than 2 individuals are employed full-time in the farming
operation for which the loan is sought.''.
    (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is
amended by adding at the end the following:
    ``(e)(1) The primary factor to be considered in determining whether
an applicant for a loan under this subtitle is engaged primarily and
directly in farming or ranching shall be whether the applicant is
participating in routine, ongoing farm activities, and in overall
decisionmaking with regard to the farm or ranch.
    ``(2) The Secretary may not deny a loan under this subtitle solely
because more than 2 individuals are employed full-time in the farming
operation for which the loan is sought.''.

SEC. 4. AVAILABILITY OF CREDIT ELSEWHERE.

    Sections 302(a)(4) and 311(a)(4) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922(a)(4) and 1941(a)(4)) are each amended
by inserting ``and the availability of conventional sources of funds
for lending to agricultural producers in the community'' before the
period.

SEC. 5. GROWER-SHIPPER AGREEMENTS.

    (a) Real Estate Loans.--Section 302 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1922) is amended by adding after the
subsection added by section 3(a) of this Act the following:
    ``(d) This section shall not be construed to prohibit the Secretary
from making a loan under this subtitle to an applicant therefor who has
entered into an agreement with a shipper of perishable commodities
under which the applicant and the shipper share in the proceeds of the
sale of an agricultural commodity if--
            ``(1) in the absence of such an agreement, the applicant
        could not easily market the agricultural commodity, or could
        not market the agricultural commodity without incurring
        significant additional risk; and
            ``(2) the agreement is clearly beneficial to the
        applicant.''.
    (b) Operating Loans.--Section 311 of such Act (7 U.S.C. 1941) is
amended by adding after the subsection added by section 3(b) of this
Act the following:
    ``(e) This section shall not be construed to prohibit the Secretary
from making a loan under this subtitle to an applicant therefor who has
entered into an agreement with a shipper of perishable commodities
under which the applicant and the shipper share in the proceeds of the
sale of an agricultural commodity if--
            ``(1) in the absence of such an agreement, the applicant
        could not easily market the agricultural commodity, or could
        not market the agricultural commodity without incurring
        significant additional risk; and
            ``(2) the agreement is clearly beneficial to the
        applicant.''.
    (c) Emergency Loans.--Section 321 of such Act (7 U.S.C. 1961) is
amended by adding after the subsection added by section 3(c) of this
Act the following:
    ``(f) This section shall not be construed to prohibit the Secretary
from making a loan under this subtitle to an applicant therefor who has
entered into an agreement with a shipper of perishable commodities
under which the applicant and the shipper share in the proceeds of the
sale of an agricultural commodity if--
            ``(1) in the absence of such an agreement, the applicant
        could not easily market the agricultural commodity, or could
        not market the agricultural commodity without incurring
        significant additional risk; and
            ``(2) the agreement is clearly beneficial to the
        applicant.''.

SEC. 6. ELIGIBILITY FOR EMERGENCY LOANS.

    Section 321(a)(2)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1922(a)(2)(B)) is amended by inserting ``or, in the case
of holders of the entire interest who are related by blood or marriage
and all of whom are or will become farm operators, the ownership
interest of each such holder separately constitutes not larger than a
family farm, even if their interests collectively constitute larger
than a family farm, as defined by the Secretary'' after ``operator of
not larger than a family farm''.

Summary: Agricultural Credit Equity Act of 1993 - Amends the Consolidated Farm and Rural Development Act to provide for indexing of guaranteed agricultural real estate and operating loan limits in high cost areas. Eliminates maximum property limits in the down payment loan program. Prohibits the denial of agricultural real estate, operating, or emergency loans based upon: (1) a farm's having more than two full-time employees, or (2) certain grower-shipper agreements.

Agricultural Credit Equity Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Preservation through
Individual Choice Enhancement Act''.

SEC. 2. ELECTION TO TAKE EMPLOYEE PAYROLL TAX CUT.

    (a) In General.--Section 601 of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 is amended by
redesignating subsections (b) through (g) as subsections (c) through
(i), respectively, and by inserting after subsection (a) the following
new subsection:
    ``(b) Election To Take Employee Payroll Tax Cut.--
            ``(1) In general.--Subsection (a) shall apply with respect
        to remuneration received by any individual for services
        rendered in a calendar year (or taxable year beginning in the
        calendar year) in the payroll tax holiday period only if a tax
        holiday election under paragraph (2) is in effect with respect
        to such calendar year.
            ``(2) Tax holiday election.--For purposes of this
        subsection--
                    ``(A) In general.--The term `tax holiday election'
                means, with respect to the individual, an election to
                have subsection (a) apply to a calendar year (or
                taxable year beginning in such calendar year) in the
                payroll tax holiday period beginning in or after 2012.
                Any such election shall remain in effect until such
                election is revoked.
                    ``(B) When made.--An election with respect to a
                calendar year (and a taxable year beginning in the
                taxable year) may be made before July 1 of the calendar
                year for which such remuneration is received.
                    ``(C) Revocation of election.--Subject to such
                conditions as the Secretary deems necessary, an
                individual may revoke an election to have subsection
                (a) apply with respect to a calendar year (and taxable
                year beginning in the calendar year) if such revocation
                is made before July 1 of the calendar year.
                    ``(D) Time and manner of election and revocation.--
                Any election and revocation under this subsection shall
                be made at such time and in such manner as the
                Secretary may prescribe.
            ``(3) Special rules.--
                    ``(A) 1st employment or self-employment after
                beginning of year.--In the case of an individual whose
                employment or self-employment first commences after the
                beginning of the calendar year or taxable year (as the
                case may be), the election under paragraph (2)(A) shall
                be made before or with the beginning of such
                employment.
                    ``(B) Multiple employers.--In the case that an
                individual is employed by more than 1 employer
                (including self-employment) for a period, an election
                or revocation made under this subsection made with
                respect to remuneration from 1 employer shall apply to
                all employers. For purposes of the preceding sentence,
                the most recent valid election or revocation for a
                period shall be the only election or revocation (as the
                case may be) in effect for that period.
            ``(4) Overpayment and underpayment of tax.--
                    ``(A) Credit for overpayment.--See sections 6402
                and 6413 of such Code for provisions relating to
                overpayments of employment taxes.
                    ``(B) Underpayment of taxes.--If, by reason of an
                election or revocation under this subsection for a
                calendar year or taxable year, an individual has a
                liability for tax under section 1401(a), 3101(a),
                3201(a), or 3211(a)(1) of such Code for the taxable
                year beginning with or in the calendar year, for
                purposes of subtitle F of such Code, such liability,
                together with interest on such liability at the
                underpayment rate established under section 6621, shall
                be assessed and collected in the manner prescribed by
                the Secretary.
            ``(5) Regulations.--The Secretary, in consultation with the
        Commissioner of Social Security, shall prescribe such
        regulations or other guidance as may be necessary to carry out
        this subsection. Such regulations or other guidance shall
        include procedures providing for the exchange of information
        between the Secretary and the Commissioner of Social Security
        for purposes of this subsection.''.
    (b) Extension of Retirement Age in Connection With Election To Take
Payroll Tax Cut.--Section 216(l) of the Social Security Act (42 U.S.C
416(l)) is amended by adding at the end the following new paragraph:
    ``(4)(A) For each calendar year beginning with or after 2012 for
which section 601(a) of the Tax Relief, Unemployment Insurance
Reauthorization, and Job Creation Act of 2010 applies with respect to
the wages received by an individual for services rendered in such year,
the retirement age (as defined in paragraph (1)) of such individual
shall be increased by 1 month.
    ``(B) In the case of any taxable year for which such section 601(a)
applies (with respect to remuneration received by an individual as
self-employment income for services rendered in such taxable year), any
calendar year in which such taxable year commences shall be treated as
a calendar year for which such section 601(a) applies as described in
subparagraph (A).''.

Summary: Social Security Preservation through Individual Choice Enhancement Act - Amends the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 to allow individual taxpayers an election to claim the 2 reduction in employment taxes under such Act in any calendar year beginning in or after 2012. Amends title II of the Social Security Act to increase the applicable social security retirement age by one month for each calendar year that a taxpayer elects a reduction in employment taxes under this Act.

A bill to amend the extension of the temporary employee payroll tax holiday to give individuals the choice of whether to participate.


SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Consumers have the right to know that event data
        recorders are installed in their vehicles, that they are
        capable of collecting data recorded in automobile accidents,
        and how such data may be used.
            (2) From the standpoint of consumer privacy rights, most
        consumers are not aware that their vehicles are recording data
        that not only may be used to aid traffic safety analyses, but
        has the potential of being used against them in a civil or
        criminal proceeding, or by their insurer to increase rates.
            (3) There exists no Federal law clarifying the rights of a
        vehicle owner to ownership of the recorded data and, in the
        absence of Federal direction, States have begun to create
        different standards of ownership and rights for recorded data.

SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES.

    (a) Required Disclosure.--In accordance with regulations prescribed
by the Federal Trade Commission under section 5(c), a dealer shall
disclose, to each consumer who purchases a new automobile, in a clear
and conspicuous written format at the time of purchase, the following
information regarding any event data recorder installed on such new
automobile--
            (1) the presence and location of an event data recorder;
            (2) the type of information recorded by the event data
        recorder and how such information is recorded; and
            (3) that the information recorded by the event data
        recorder also may be used in a law enforcement proceeding.
    (b) Required Disclosures in Owner's Manual.--The manufacturer shall
include, in clear and conspicuous language in the owner's manual of any
new automobile containing an event data recorder, the disclosures
required by subsection (a).

SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA.

    Any event data recorder in the vehicle and any data recorded on any
event data recorder in the vehicle shall be considered the property of
the owner of the vehicle. Data that is recorded on any event data
recorder may not be downloaded or otherwise retrieved by a person other
than the owner of the motor vehicle, except under one of the following
circumstances:
            (1) The owner of the motor vehicle or the owner's agent or
        legal representative consents to the retrieval of the
        information.
            (2) In response to an order of a court having jurisdiction
        to issue the order.
            (3) The data is retrieved by a motor vehicle dealer, or by
        an automotive technician for the purpose of diagnosing,
        servicing, or repairing the motor vehicle.
            (4) For the purpose of improving motor vehicle safety,
        including medical research on the human body's reaction to
        motor vehicle accidents, provided that the identity of the
        registered owner or driver is not disclosed in connection with
        that retrieved data.

SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES.

    No person may manufacture for sale, sell, offer for sale, introduce
or deliver into interstate commerce, or import into the United States,
an automobile manufactured after 2008 (and bearing a model year of 2009
or later) that is equipped with an event data recorder, unless such
event data recorder includes a function whereby the consumer has the
option to enable or disable the recording function of the event data
recorder. Once disabled, the recording function shall not resume
functioning until the consumer elects to enable such functioning.

SEC. 5. ENFORCEMENT.

    (a) Treatment of Violations as Unfair or Deceptive Acts or
Practices.--A violation of section 2, 3 or 4 shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Federal Trade Commission Authority.--The Federal Trade
Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
    (c) Rulemaking.--Within 180 days following the enactment of this
Act, the Federal Trade Commission shall prescribe regulations to carry
out this Act, including guidelines setting forth a uniform method by
which a dealer may provide the disclosures and options required by
section 2.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) The term ``consumer'' has the meaning given the term
        ``ultimate purchaser'' in section 2 of the Automobile
        Information Disclosure Act (15 U.S.C. 1231).
            (2) The term ``dealer'' has the meaning given that term in
        section 30102(a) of title 49, United States Code.
            (3) The term ``event data recorder'' means any device or
        means of technology installed in an automobile that records
        information such as vehicle speed, seatbelt use, application of
        brakes or other information pertinent to the operation of the
        automobile.
            (4) The terms ``manufacturer'' and ``new automobile'' have
        the meanings given those terms in section 2 of the Automobile
        Information Disclosure Act (15 U.S.C. 1231).

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of enactment of
this Act.

Summary: Requires automobile dealers to disclose to each consumer at the time of purchase of a new automobile, and to include in the automobile's owner's manual, information on: (1) the presence and location of an event data recorder (EDR) in such automobile. And (2) the type of information recorded by the EDR, how such information is recorded, and the possible use of such information in law enforcement proceedings. Requires the EDR and any data recorded to be considered the property of the vehicle owner. Prohibits the retrieval of EDR data by anyone other than the vehicle owner, except : (1) with the owner's consent, (2) in response to a court order. (3) by a vehicle dealer or an automotive technician for servicing the vehicle. Or (4) for improving vehicle safety, provided the identity of the registered owner or driver is not disclosed. Prohibits persons from manufacturing automobiles for sale in the United States after 2008 that are equipped with EDRs, unless those EDRs can be disabled by the consumer. Treats a violation of EDR requirements of this Act as an unfair or deceptive act or practice under the Federal Trade Commission Act.

To require automobile dealers to disclose to consumers the presence of event data recorders, or "black boxes", on new automobiles, and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clean Alternatives for Energy
Independence Act of 2005''.

SEC. 2. REPEAL OF TAX SUBSIDIES ENACTED BY THE ENERGY POLICY ACT OF
              2005 FOR OIL AND GAS.

    (a) Repeal.--The following provisions, and amendments made by such
provisions, of the Energy Policy Act of 2005 are hereby repealed:
            (1) Section 1323 (relating to temporary expensing for
        equipment used in refining of liquid fuels).
            (2) Section 1324 (relating to pass through to owners of
        deduction for capital costs incurred by small refiner
        cooperatives in complying with Environmental Protection Agency
        sulfur regulations).
            (3) Section 1325 (relating to natural gas distribution
        lines treated as 15-year property).
            (4) Section 1326 (relating to natural gas gathering lines
        treated as 7-year property).
            (5) Section 1328 (relating to determination of small
        refiner exception to oil depletion deduction).
            (6) Section 1329 (relating to amortization of geological
        and geophysical expenditures).
    (b) Administration of Internal Revenue Code of 1986.--The Internal
Revenue Code of 1986 shall be applied and administered as if the
provisions, and amendments, specified in subsection (a) had never been
enacted.

SEC. 3. INCREASE IN FUEL CELL TAX INCENTIVES FOR RESIDENTIAL AND
              BUSINESS USES.

    (a) Residential Use.--Subparagraph (C) of section 25D(b)(1) of the
Internal Revenue Code of 1986 (relating to maximum credit) is amended
by striking ``$500'' and inserting ``$1,000''.
    (b) Business Use.--
            (1) Increase.--Subparagraph (B) of section (48)(c)(1) of
        such Code (relating to qualified fuel cell property) is amended
        by striking ``$500'' and inserting ``$1,000''.
            (2) Extension.--Subparagraph (E) of section (48)(c)(1) of
        such Code (relating to termination) is amended by striking
        ``December 31, 2007'' and inserting ``December 31, 2012''.

SEC. 4. ALTERNATIVE MOTOR VEHICLE TAX INCENTIVES.

    (a) Increases in Credit.--
            (1) New qualified fuel cell motor vehicle.--Subsection (b)
        of section 30B of such Code (relating to new qualified fuel
        cell motor vehicle credit) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``$8,000'' in subparagraph
                        (A) and inserting ``$16,000'',
                            (ii) by striking ``$10,000'' in
                        subparagraph (B) and inserting ``$20,000'',
                            (iii) by striking ``$20,000'' in
                        subparagraph (C) and inserting ``$40,000'', and
                            (iv) by striking ``$40,000'' in
                        subparagraph (D) and inserting ``$80,000'', and
                    (B) in paragraph (2)(A)--
                            (i) by striking ``$1,000'' in clause (i)
                        and inserting ``$2,000'',
                            (ii) by striking ``$1,500'' in clause (ii)
                        and inserting ``$3,000'',
                            (iii) by striking ``$2,000'' in clause
                        (iii) and inserting ``$4,000'',
                            (iv) by striking ``$2,500'' in clause (iv)
                        and inserting ``$5,000'',
                            (v) by striking ``$3,000'' in clause (v)
                        and inserting ``$6,000'',
                            (vi) by striking ``$3,500'' in clause (vi)
                        and inserting ``$7,000'', and
                            (vii) by striking ``$4,000'' in clause
                        (vii) and inserting ``$8,000''.
            (2) New advanced lean burn technology motor vehicle.--
                    (A) Fuel economy.--The table in clause (i) of
                section 30B(c)(2)(A) of such Code (relating to fuel
                economy) is amended--
                            (i) by striking ``$400'' and inserting
                        ``$800'',
                            (ii) by striking ``$800'' and inserting
                        ``$1,600'',
                            (iii) by striking ``$1,200'' and inserting
                        ``$2,400'',
                            (iv) by striking ``$1,600'' and inserting
                        ``$3,200'',
                            (v) by striking ``$2,000'' and inserting
                        ``$4,000'', and
                            (vi) by striking ``$2,400'' and inserting
                        ``$4,800''.
                    (B) Conservation.--The table in subparagraph (B) of
                section 30B(c)(2) of such Code (relating to
                conservation credit) is amended--
                            (i) by striking ``$250'' and inserting
                        ``$500'',
                            (ii) by striking ``$500'' and inserting
                        ``$1,000'',
                            (iii) by striking ``$750'' and inserting
                        ``$1,500'', and
                            (iv) by striking ``$1,000'' and inserting
                        ``$2,000''.
    (b) Expansion of Number of New Qualified Hybrid and Advanced Lean
Burn Technology Vehicles Eligible for Credit.--Paragraph (2) of section
30B(f) of such Code (relating to phaseout) is amended by striking
``60,000'' and inserting ``120,000''.
    (c) Increase in Credit for Alternative Fuel Vehicle Refueling
Property.--Subsection (b) of section 30C of such Code (relating to
limitation) is amended--
            (1) in paragraph (1) by striking ``$30,000'' and inserting
        ``$60,000'', and
            (2) in paragraph (2) by striking ``$1,000'' and inserting
        ``$2,000''.
    (d) Extensions of Incentives.--
            (1) New qualified fuel cell motor vehicle.--Paragraph (1)
        of section 30B(j) of such Code (relating to termination) is
        amended by striking ``December 31, 2014'' and inserting
        ``December 31, 2019''.
            (2) Alternative fuel vehicle refueling property.--
                    (A) Hydrogen-related property.--Paragraph (1) of
                section 30C(g) of such Code (relating to termination)
                is amended by striking ``December 31, 2014'' and
                inserting ``December 31, 2019''.
                    (B) Other fuels-related property.--Paragraph (2) of
                section 30C(g) of such Code (relating to termination)
                is amended by striking ``December 31, 2009'' and
                inserting ``December 31, 2011''.
    (e) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of the Energy Policy Act of
2005 to which they relate.

Summary: Clean Alternatives for Energy Independence Act of 2005 - Repeals certain tax benefits relating to oil and natural gas enacted by the Energy Policy Act of 2005. Amends the Internal Revenue Code to increase: (1) the tax credit for investment in residential and business fuel cell property. (2) the tax credit for investment in fuel cell motor and advanced lean burn technology motor vehicles. (3) the number of hybrid and advanced lean burn technology vehicles eligible for the alternative motor vehicle tax credit. And (4) the tax credit for investment in commercial and residential alternative fuel vehicle refueling property. Extends through 2012 the tax credit for business fuel cell property. Extends through 2019 the tax credits for: (1) investment in qualified fuel cell motor vehicles, (2) investment in alternative fuel vehicle refueling hydrogen-related property .

To repeal tax subsidies for oil and gas enacted by the Energy Policy Act of 2005 and to use the proceeds to double certain alternative energy incentives provided for in such Act.