SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Employees Health Care
Freedom of Choice Act''.

SEC. 2. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

    (a) Definitions.--Section 8901 of title 5, United States Code, is
amended--
            (1) in paragraph (10) by striking ``and'' after the
        semicolon;
            (2) in paragraph (11) by striking the period and inserting
        a semicolon; and
            (3) by adding at the end the following:
            ``(12) the term `high deductible health plan' means a plan
        described by section 8903(5) or section 8903a(d); and
            ``(13) the term `medical savings account' has the meaning
        given such term by section 220(d) of the Internal Revenue Code
        of 1986.''.
    (b) Authority To Contract for High Deductible Health Plans.--
Section 8902 of title 5, United States Code, is amended by adding at
the end the following:
    ``(p)(1) The Office shall contract under this chapter for a high
deductible health plan with any qualified carrier that--
            ``(A) offers such a plan; and
            ``(B) as of the date of enactment of the Federal Employees
        Health Care Freedom of Choice Act, offers a health benefits
        plan under this chapter.
    ``(2) The Office may contract under this chapter for a high
deductible health plan with any qualified carrier that--
            ``(A) offers such a plan; but
            ``(B) does not satisfy the requirement under paragraph
        (1)(B).''.
    (c) Description of High Deductible Health Plans and Benefits To Be
Provided Thereunder.--
            (1) In general.--Section 8903 of title 5, United States
        Code, is amended by adding at the end the following:
            ``(5) High deductible health plans.--(A) One or more plans
        described by paragraph (1), (2), (3), or (4), which--
                    ``(i) are high deductible health plans (as defined
                by section 220(c)(2) of the Internal Revenue Code of
                1986); and
                    ``(ii) provide benefits of the types referred to by
                section 8904(a)(5).
            ``(B) Nothing in this section shall be considered--
                    ``(i) to prevent a carrier from simultaneously
                offering a plan described by subparagraph (A) and a
                plan described by paragraph (1) or (2);
                    ``(ii) to require that a high deductible health
                plan offer two levels of benefits; or
                    ``(iii) to allow, in any contract year, for--
                            ``(I) more than one plan to be offered
                        which satisfies both subparagraph (A) and
                        paragraph (1) (subject to clause (ii)); and
                            ``(II) more than one plan which satisfies
                        both subparagraph (A) and paragraph (2)
                        (subject to clause (ii)).''.
            (2) Types of benefits.--Section 8904(a) of title 5, United
        States Code, is amended by inserting after paragraph (4) the
        following:
            ``(5) High deductible health plans.--Benefits of the types
        named under paragraph (1) or (2) of this subsection or both.''.
            (3) Conforming amendments.--(A) Section 8903a of title 5,
        United States Code, is amended by redesignating subsection (d)
        as subsection (e) and by inserting after subsection (c) the
        following:
    ``(d) The plans under this section may include one or more plans,
otherwise allowable under this section, that satisfy the requirements
of clauses (i) and (ii) of section 8903(5)(A).''.
            (B) Section 8909(d) of title 5, United States Code, is
        amended by striking ``8903a(d)'' and inserting ``8903a(e)''.
            (4) References.--Section 8903 of title 5, United States
        Code, is amended by adding at the end (as a flush left
        sentence) the following:
``The Office shall prescribe regulations under which the requirements
of section 8902(c), 8902(n), 8909(e), and any other provision of this
chapter that applies with respect to a plan described by paragraph (1),
(2), (3), or (4) of this section shall apply with respect to the
corresponding plan under paragraph (5) of this section. Similar
regulations shall be prescribed with respect to any plan under section
8903a(d).''.
    (d) Contributions Toward High Deductible Health Plans and Medical
Savings Accounts.--
            (1) Amendments.--
                    (A) In general.--Title 5, United States Code, is
                amended by redesignating section 8906a as section 8906b
                and by inserting after section 8906 the following:
``Sec. 8906a. Contribution provisions relating to certain individuals
              enrolled in high deductible health plans
    ``(a) In the case of an employee or annuitant who enrolls in a high
deductible health plan, section 8906 shall apply in accordance with its
terms, except as otherwise provided in this section.
    ``(b) Instead of the amount that would otherwise apply under the
provisions of section 8906(d), the amount to be withheld under such
provisions from the pay or annuity of an employee or annuitant
described in subsection (a), for any biweekly or other period, shall be
the equivalent (expressed in terms of such periods) of the amount by
which--
            ``(1) the applicable average subscription charge, as
        determined under section 8906(a) for the contract year
        involved, exceeds
            ``(2) the total Government contribution allowable for such
        contract year (as defined in subsection (h)),
but not to exceed 100 percent of the subscription charge for the plan
in which such employee or annuitant is enrolled.
    ``(c) Instead of the amount that would otherwise apply under the
provisions of section 8906(b), in the case of an employee or annuitant
described in subsection (a), the biweekly or other periodic Government
contribution under such provisions toward the subscription charge for
the plan in which such employee or annuitant is enrolled shall be the
amount by which such charge exceeds (if at all) the amount which under
subsection (b) is required to be withheld from the pay or annuity of
the employee or annuitant involved.
    ``(d)(1) Subject to paragraph (2), there shall be paid to the
medical savings account of each employee or annuitant described in
subsection (a), at the same time that the Government contribution under
section 8906 is made (or would, but for this section, be made) for the
benefit of such employee or annuitant, the amount by which--
            ``(A) the total Government contribution allowable for the
        contract year involved (as defined in subsection (h)), exceeds
            ``(B) the amount of the Government contribution which under
        subsection (c) is required to be made toward the subscription
        charge for the plan in which such employee or annuitant is
        enrolled.
No election to decline any contributions under this subsection shall be
available to an employee or annuitant.
    ``(2) No contribution under this subsection shall be made to any
medical savings account of an employee or annuitant for any period if,
as of the first day of the month before the month in which such period
commences, such employee or annuitant (or the spouse of such employee
or annuitant, if coverage is for self and family) is entitled to
benefits under part A of title XVIII of the Social Security Act.
    ``(3) The Office shall by regulation prescribe the time, form, and
manner in which an employee or annuitant shall identify any medical
savings account to which contributions for such employee or annuitant
shall be made under this subsection.
    ``(4) Subsections (f) and (g) of section 8906 shall apply with
respect to contributions under this subsection.
    ``(e) Any adjustment in the amount of any contribution under
section 8906 that is required by subsection (b) or (c) of this section
beginning in any contract year shall take effect--
            ``(1) in the case of an employee, at the point in such year
        described in the second sentence of section 8906(b)(1); and
            ``(2) in the case of an annuitant, at the point in such
        year described in the third sentence of section 8906(b)(1).
    ``(f)(1) This section shall not apply to any employee or annuitant
with respect to any period for which such employee or annuitant would
not otherwise be eligible for a Government contribution under section
8906 (determined disregarding this section).
    ``(2) Neither subsection (b) nor (c) shall apply with respect to an
employee or annuitant for any period for which--
            ``(A) such employee or annuitant is ineligible for any
        contribution under subsection (d) by reason of paragraph (2)
        thereof; or
            ``(B) the amount of the contribution under subsection (d)
        for such employee or annuitant would otherwise be zero.
    ``(g) The Office shall by regulation provide for the application of
section 8906(c) to the extent necessary to reflect any change in the
ratio of individual to Government contributions resulting from the
application of this section.
    ``(h) For purposes of this section, the term `total Government
contribution allowable', as used with respect to a contract year, means
the maximum Government contribution that could be made for health
benefits for an employee or annuitant for such contract year, as
determined under paragraph (1) of section 8906(b) (as well as paragraph
(3) thereof, if appropriate, but disregarding paragraph (2) thereof and
the provisions of this section).''.
                    (B) Technical and conforming amendments.--(i) The
                table of sections at the beginning of chapter 89 of
                title 5, United States Code, is amended by striking the
                item relating to section 8906a and inserting the
                following:

``8906a.   Contribution provisions relating to certain individuals
                            enrolled in high deductible health plans.
``8906b.   Temporary employees.''.
                    (ii) Section 8913(b)(4) of title 5, United States
                Code, is amended by striking ``8906a(a)'' and inserting
                ``8906b(a)''.
            (2) High deductible health plans to be disregarded in
        determining government contributions.--Section 8906 of title 5,
        United States Code, is amended by adding at the end the
        following:
    ``(j) Notwithstanding any other provision of this section, there
shall not be taken into account, for purposes of computing any average
under subsection (a), any subscription charge for any high deductible
health plan or any individuals enrolled therein.''.
            (3) Coordination provision.--Nothing in this section or in
        any amendment made by this section shall be considered to
        affect any authority under section 1005(f) of title 39, United
        States Code, to vary, add to, or substitute for any provision
        of chapter 89 of title 5, United States Code, as amended by
        this section.
            (4) Technical amendment.--The second sentence of section
        8909(a) of title 5, United States Code, is amended by inserting
        ``(not including any Government contributions under section
        8906a to a medical savings account)'' after ``of this title''.
    (e) Information to Individuals Who May Be Eligible for Government
Contributions to a Medical Savings Account.--Section 8907 of title 5,
United States Code, is amended by adding at the end the following:
    ``(c) In addition to any information otherwise provided for under
this section, the Office shall make available to all employees and
annuitants eligible to enroll in a high deductible health plan, in a
form acceptable to the Office after consultation with the carrier,
information relating to--
            ``(1) the conditions under which a Government contribution
        shall be made under this chapter to a medical savings account;
            ``(2) the amount of the Government contribution payable
        under this chapter to a medical savings account (or how such
        amount may be ascertained); and
            ``(3) any other matter which the Office considers
        appropriate in connection with medical savings accounts.''.
    (f) Effective Date.--The amendments made by this section shall
apply with respect to contract years beginning on or after January 1,
1999. The Office of Personnel Management shall take appropriate
measures to ensure that coverage under a high deductible health plan
under chapter 89 of title 5, United States Code (as amended by this
section) shall be available as of the beginning of the first contract
year described in the preceding sentence.

SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.

    (a) Inclusion of Employees Enrolled in FEHBP High Deductible Health
Plan.--Clause (iii) of section 220(c)(1)(A) of the Internal Revenue
Code of 1986 (defining eligible individual) is amended by striking
``or'' at the end of subclause (I), by striking the period at the end
of subclause (II) and inserting ``, or'', and by adding at the end the
following new subclause:
                                    ``(III) the high deductible health
                                plan covering such individual is
                                provided under chapter 89 of title 5,
                                United States Code.''.
    (b) Contributions Limited to Federal Contribution.--Subsection (b)
section 220 of such Code (relating to limitations) is amended by adding
at the end the following new paragraph:
            ``(8) Denial of deduction for individuals covered by high
        deductible federal employee health benefits plan.--The
        limitation under this subsection for any month with respect to
        any individual shall be zero if, as of the first day of such
        month, such individual is covered under a high deductible
        health plan provided under chapter 89 of title 5, United States
        Code. For purposes of applying section 106(b) for such month--
                    ``(A) the preceding sentence shall not apply, and
                    ``(B) paragraph (4) shall not apply to any
                individual who is entitled to receive any amount for
                such month by reason of being an annuitant (as defined
                in section 8901(3) of such title 5).''.
    (c) Numerical Limitations, Etc., Not To Apply.--
            (1) In general.--Subsection (i) of section 220 of such Code
        is amended by adding at the end the following new paragraph:
            ``(6) Exception for individuals covered by federal employee
        health benefits plans.--This subsection shall not apply to any
        individual who is an eligible individual by reason of
        subsection (c)(1)(A)(iii)(III). Medical savings accounts
        established by such individuals shall not be taken into account
        in determining whether the numerical limitations under
        subsection (j) are exceeded.''.
            (2) Exception from reporting.--Paragraph (4) of section
        220(j) of such Code is amended by adding at the end the
        following new subparagraph:
                    ``(E) Exception for accounts of individuals covered
                by federal employee health benefits plans.--No report
                shall be required under this paragraph with respect to
                a medical savings account of an individual if such
                account was established at the time such individual was
                an eligible individual by reason of subsection
                (c)(1)(A)(iii)(III).''.

Summary: Federal Employees Health Care Freedom of Choice Act - Amends provisions of Federal law relating to the Federal Employees' Health Benefits Program (FEHBP) to authorize, and in certain circumstances require, the Office of Personnel Management (OPM) to contract with qualified carriers for a high deductible health plan . Requires that such a plan provide benefits of the types provided by service benefit plans, indemnity benefit plans, or both. Sets forth special contribution requirements applicable to employees or annuitants enrolled in such plans, including mandating certain payments to the medical savings account of each individual so enrolled. Requires OPM to make information available to such individuals regarding the circumstances in which a Government contribution will be made to a medical savings account and the amount of that contribution. Amends Internal Revenue Code medical savings account provisions to modify the definition of eligible individual to add references to high deductible plans provided under the FEHBP. Regulates the medical savings account deduction for FEHBP individuals. Exempts FEHBP individuals from numerical limits on the number of taxpayers having medical savings accounts.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rebuilding Equity Act of 2013''.

SEC. 2. REBUILDING EQUITY PROGRAM.

    (a) Establishment of Voluntary Program.--
            (1) Establishment.--
                    (A) Payment of closing costs.--The Federal National
                Mortgage Association and the Federal Home Loan Mortgage
                Corporation (in this Act referred to as the
                ``enterprises'') shall each establish a voluntary
                program for borrowers described in paragraph (2), under
                which the enterprises shall pay $1,000 toward the
                closing costs associated with applying for and
                receiving the refinancing when the borrower agrees to
                refinance into a fully amortizing loan with a term of
                not longer than 20 years.
                    (B) First year of program.--During the 12-month
                period that begins on the date of enactment of this
                Act, the amount of the closing costs that each
                enterprise shall pay under the program shall not vary
                based on the term of the mortgage that the borrower
                agrees to refinance into.
                    (C) Subsequent years.--
                            (i) Annual recalculation of closing costs
                        payment.--Upon the expiration of the 12-month
                        period set forth under subparagraph (B), and
                        for each of the next two 12-month periods
                        thereafter, the Director of the Federal Housing
                        Finance Agency--
                                    (I) shall adjust the amount of the
                                portion of the closing costs that each
                                enterprise will pay under the program--
                                            (aa) by an amount that
                                        results in such program being
                                        revenue neutral for such 12-
                                        month period; and
                                            (bb) based on economic
                                        conditions generally affecting
                                        the mortgage and housing
                                        markets; and
                                    (II) may adjust the amount of the
                                closing costs that each enterprise will
                                pay under the program based on the term
                                of the mortgage that the borrower
                                agrees to refinance into.
                            (ii) Report.--The Director of the Federal
                        Housing Finance Agency shall report any
                        adjustments made pursuant to the requirements
                        of clause (i) to the Chair and Ranking Member
                        of the Committee on Banking, Housing, and Urban
                        Affairs of the Senate and the Committee on
                        Financial Services of the House of
                        Representatives.
            (2) Eligible borrowers.--The program required by paragraph
        (1) shall be for any borrower--
                    (A) who qualifies for the Home Affordable Refinance
                Program carried out by the enterprises;
                    (B) whose subject property has a loan-to-value
                ratio of not less than 105 percent; and
                    (C) who refinances from a loan with an original
                term of 30 years to a loan with a term of 20 years or
                less.
    (b) Sunset.--Each voluntary program under this section shall
terminate on the date that is 3 years after the date of establishment
of such program.
    (c) Definitions.--As used in this section, the following
definitions shall apply:
            (1) Loan-to-value ratio.--The term ``loan-to-value ratio''
        means the ratio of the amount of the primary mortgage on a
        property to the value of that property.
            (2) Closing costs.--The term ``closing costs''--
                    (A) means all reasonable and actual costs charged
                to the borrower by a third party to the refinancing
                transaction;
                    (B) includes--
                            (i) appraisal and inspection fees;
                            (ii) fees associated with obtaining a
                        borrower's credit report;
                            (iii) title insurance and title examination
                        costs;
                            (iv) attorneys' fees associated with
                        closing the transaction, other than attorneys'
                        fees associated with disputes arising out of
                        the transaction or otherwise ancillary to
                        closing the transaction;
                            (v) document preparation costs, if
                        completed by a third party not controlled by
                        the lender;
                            (vi) transfer stamps, recording fees,
                        courier fees, wire transfer fees, and
                        reconveyance fees; and
                            (vii) test and certification fees; and
                    (C) does not include any costs charged to the
                borrower by the lender, including--
                            (i) lender application fees; and
                            (ii) lender origination fees.

Summary: Rebuilding Equity Act of 2013 - Directs the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation to each establish a voluntary program for eligible borrowers under which the GSE shall pay $1,000 toward the closing costs associated with applying for and receiving the refinancing when the borrower agrees to refinance into a fully amoritizing loan with a term not longer than 20 years. Prohibits the amount of the closing costs that each GSE pays under the program during the 12 months following enactment of this Act from varying based on the term of the mortgage that the borrower agrees to refinance into. Requires the Director of the Federal Housing Finance Agency, for each of the next two 12-month periods, to: (1) adjust the amount of the portion of the closing costs that each GSE will pay in accordance with specified requirements. Makes eligible for the program borrowers: (1) who qualify for the Home Affordable Refinance Program carried out by the GSEs, (2) whose subject property has a loan-to-value ratio of at least 105, and (3) who refinances from a loan with an original 30-year term to a loan with a term of 20 years or less.

Rebuilding Equity Act of 2013


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tobacco Program Administrative
Reform Act of 1998''.

SEC. 2. ASSESSMENT UPON TOBACCO PRODUCT MANUFACTURERS AND IMPORTERS TO
              COVER DEPARTMENT OF AGRICULTURE COSTS ASSOCIATED WITH
              TOBACCO PROGRAMS.

    (a) Covered Department Costs.--Not later than September 30 of each
fiscal year, the Secretary of Agriculture shall estimate the costs to
be incurred by the Department of Agriculture during the next fiscal
year--
            (1) to administer the tobacco quota program under subtitle
        B of title III of the Agricultural Adjustment Act of 1938 (7
        U.S.C. 1311 et seq.);
            (2) to administer the tobacco price support program under
        sections 106, 106A, and 106B of the Agricultural Act of 1949 (7
        U.S.C. 1445, 1445-1, 1445-2);
            (3) to carrying out crop insurance programs for tobacco,
        including the costs to be incurred by the Federal Crop
        Insurance Corporation under section 508(e) of the Federal Crop
        Insurance Act (7 U.S.C. 1508(e)) to pay the premium for
        catastrophic risk protection for tobacco crops and the Federal
        portion of the premium for various additional coverages
        available for tobacco crops; and
            (4) to extension services related to tobacco production and
        marketing.
    (b) Adjustment of Estimate.--If the estimate prepared for a fiscal
year under subsection (a) proves to be insufficient to cover the actual
costs described in such subsection that were incurred by the Department
during that fiscal year, the Secretary shall adjust the estimate for
the next fiscal year to recoup the additional costs incurred by
Department and paid out of Department funds.
    (c) Market Share and Assessment Determinations.--As soon as
possible after preparing the estimate for a fiscal year under
subsection (a), the Secretary shall determine the market share of each
tobacco product manufacturer and each tobacco product importer during
the most recent calendar year and the amount of the assessment payable
by the tobacco product manufacturer or tobacco product importer for
that fiscal year.
    (d) Individual Amount of Assessments.--The amount of an assessment
payable by each tobacco product manufacturer and tobacco product
importer under this section for a fiscal year shall be equal to the
product obtained by multiplying--
            (1) the total amount of costs estimated by the Secretary
        under subsection (a), as adjusted under subsection (b), for
        that fiscal year; by
            (2) the market share of the tobacco product manufacturer or
        tobacco product importer during the most recent calendar year
        determined under subsection (d).
    (e) Collection, Deposit, and Availability of Assessments.--
            (1) Collection.--At such time each fiscal year and in such
        manner as the Secretary may prescribe, each tobacco product
        manufacturer and tobacco product importer shall remit to the
        Secretary a nonrefundable assessment in the amount determined
        for that tobacco product manufacturer or tobacco product
        importer for that year under subsection (d). The Secretary may
        enforce the collection of assessments under this paragraph in
        the courts of the United States.
            (2) Tobacco assessment fund.--There is established in the
        Treasury of the United States a fund to be known as the
        ``Tobacco Assessment Fund'', which shall consist of all
        assessments collected under paragraph (1).
            (3) Authorized uses of fund.--Amounts in the Tobacco
        Assessment Fund shall be available to the Secretary, without
        further appropriation, to cover the Department costs described
        in subsection (a).
            (4) Refunds.--If the Secretary determines that amounts
        collected under paragraph (1) for a fiscal year and deposited
        in the Tobacco Assessment Fund exceed the amounts required to
        cover anticipated Department costs under subsection (a) for
        that fiscal year, plus a reasonable reserve, the Secretary
        shall refund the excess amounts to tobacco product
        manufacturers and tobacco product importers using the same
        proportion for each tobacco product manufacturer and tobacco
        product importer as used in the original assessment.
    (f) Effect on Crop Insurance Premiums; Existing Assessments.--(1)
Amounts made available to the Secretary under this section may not be
used to change the crop insurance premiums assessed to tobacco
producers under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
relative to other crops.
    (2) Nothing in this section shall be construed to alter the
assessments imposed and collected--
            (A) for deficit reduction purposes under section 106(g) of
        the Agricultural Act of 1949 (7 U.S.C. 1445(g)); or
            (B) to finance operations of No Net Cost Tobacco Funds
        under section 106A of such Act (7 U.S.C. 1445-1) and No Net
        Cost Tobacco Accounts under section 106B of such Act (7 U.S.C.
        1445-2).
    (g) Definitions.--For purposes of this section:
            (1) Tobacco product importer.--The term ``tobacco product
        importer'' has the meaning given the term ``importer'' in
        section 5702 of the Internal Revenue Code of 1986 (26 U.S.C.
        5702).
            (2) Tobacco product manufacturer.--The term ``tobacco
        product manufacturer'' has the meaning given the term
        ``manufacturer of tobacco products'' in section 5702 of the
        Internal Revenue Code of 1986 (26 U.S.C. 5702); except that the
        term does not include a person that only manufactures cigars or
        pipe tobacco.
            (3) Market share.--The term ``market share'' means the
        ratio of--
                    (A) the tax liability of a tobacco product
                manufacturer or tobacco product importer for a calendar
                year under section 5703 of the Internal Revenue Code of
                1986 (26 U.S.C. 5703); to
                    (B) the tax liability of all tobacco product
                manufacturers and tobacco product importers for that
                calendar year under such section.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Agriculture.
            (5) Department.--The term ``Department'' means the
        Department of Agriculture.

Summary: Tobacco Program Administrative Reform Act of 1998 - Directs the Secretary of Agriculture to: (1) estimate the annual Department of Agriculture tobacco program costs. And (2) assess tobacco importers and product manufacturers based upon cost and market share. Establishes in the Treasury the Tobacco Assessment Fund.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lending Enhancement Through
Necessary Due Process Act''.

SEC. 2. FINDINGS.

    The Congress hereby finds the following:
            (1) Excessive and groundless litigation against innocent
        directors and officers of failed financial institutions is
        adversely affecting the national economy by creating an
        environment where bankers are reluctant to make loans.
            (2) The efforts by Federal banking regulators to impose
        liability on bank officials for good faith business decisions
        is impeding our banking system by making it difficult for
        financial institutions to attract officers and directors.
            (3) Since 1989, Federal regulators have used enhanced
        powers to pursue not only culpable individuals but also
        countless innocent people who are targeted because of their
        financial condition.
            (4) Tactics used by regulators to induce settlements
        include the threat of attachment of assets and the use of
        taxpayer-funded outside fee counsel to file lawsuits, the costs
        of which often bankrupt individuals trying to clear their
        names.
            (5) Reform of the banking laws are needed to curtail
        regulatory abuse and to ensure that directors and officers have
        due process protections and the ability to make good faith
        lending decisions.

SEC. 3. FACTORS AND STANDARDS FOR CERTAIN ENFORCEMENT PROCEEDINGS.

    Section 8(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818)
is amended by adding at the end the following new paragraphs:
            ``(5) Affirmative defenses applicable with respect to
        certain administrative and judicial proceedings.--In the
        determination of whether any director, officer, or institution-
        affiliated party of an insured depository institution has
        committed any violation or breach of duty for purposes of this
        section or section 11(k), the following affirmative defenses
        shall be available to the director, officer, or institution-
        affiliated party in any civil action against the director,
        officer, or party before a Federal banking agency or a court of
        jurisdiction:
                    ``(A) Business judgment.--A director, officer, or
                institution-affiliated party of an insured depository
                institution shall not be deemed to have committed any
                violation or breach of duty in the making of any
                business judgment (without regard to whether such
                business judgment is later determined to have been in
                error), if--
                            ``(i) in a case in which the director,
                        officer, or institution-affiliated party had an
                        interest in the subject of the business
                        judgment, the director, officer, or party--
                                    ``(I) disclosed that interest at or
                                before the time the business judgment
                                was made; or
                                    ``(II) abstained from any vote
                                taken in connection with such business
                                judgment or from otherwise
                                participating in making the business
                                judgment;
                            ``(ii) at or before the time the business
                        judgment was made, the director, officer, or
                        institution-affiliated party made such inquiry
                        about the subject of the business judgment as a
                        reasonably prudent person would have made under
                        the circumstances;
                            ``(iii) after being put on reasonable
                        notice of a need to act, the director, officer,
                        or institution-affiliated party took such
                        actions as a reasonably prudent person would
                        have taken under the circumstances; and
                            ``(iv) the director, officer, or
                        institution-affiliated party acted in good
                        faith.
                    ``(B) Regulatory approval.--A director, officer, or
                institution-affiliated party of an insured depository
                institution shall not be deemed to have committed any
                violation or breach of duty if any examiner or other
                representative of an appropriate Federal banking agency
                or State bank supervisor, upon full and accurate
                disclosure of the relevant facts, approved the good
                faith practice, action, or omission which is alleged to
                be the violation or breach, whether or not such
                approval was communicated to the director, officer, or
                institution-affiliated party or any other person at
                such institution.
                    ``(C) Unforeseeable economic conditions.--A
                director, officer, or institution-affiliated party of
                an insured depository institution shall not be deemed
                to have committed any violation or breach of duty if--
                            ``(i) unforeseeable economic conditions,
                        which develop after the occurrence of the
                        practice, action, or omission which is alleged
                        to be a violation or breach, were the proximate
                        cause of any loss experienced by the
                        institution; and
                            ``(ii) the director, officer, or
                        institution-affiliated party acted in good
                        faith.
            ``(6) Minimum standard for order of production of personal
        financial information.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), a Federal banking agency, including
                the Resolution Trust Corporation in such corporation's
                capacity as conservator or receiver of an insured
                depository institution, may not seek to obtain,
                directly or indirectly, and no court (with respect to
                any request from any such agency or corporation) may
                order the production of, the personal financial records
                of any person for the agency unless the head of the
                agency or corporation (or the designee of the head of
                the agency or corporation), submits a written finding
                which is disclosed to such person and certified to an
                appropriate court of jurisdiction, and the court
                through a de novo finding determines, that the agency
                has reasonable cause to believe that--
                            ``(i) the person whose records are being
                        sought has committed a violation for which a
                        civil penalty may be imposed under paragraph
                        (2) or has breached a duty owed to an insured
                        depository institution; and
                            ``(ii) the person's financial condition is
                        undergoing or is likely, within 6 months of the
                        date of the request for the production of
                        financial records, to undergo a material
                        change.
                    ``(B) Exception.--Subparagraph (A) shall not apply
                with respect to a request for the production of
                financial records by an appropriate Federal banking
                agency of any person--
                            ``(i) in connection with an investigation
                        of the person by the agency pursuant to section
                        7(j); or
                            ``(ii) after an administrative or judicial
                        determination, on a record after opportunity
                        for agency hearing, that the person has
                        committed a violation for which a civil penalty
                        may be assessed under paragraph (2).''.

SEC. 4. DUE PROCESS PROTECTIONS RELATING TO ATTACHMENT OF ASSETS.

    Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is
amended--
            (1) by striking subsection (i)(4)(B) and inserting the
        following new subparagraph:
                    ``(B) Standard.--
                            ``(i) Showing.--Rule 65 of the Federal
                        Rules of Civil Procedure shall apply with
                        respect to any proceeding under subparagraph
                        (A).
                            ``(ii) State proceeding.--If, in the case
                        of any proceeding in a State court, the court
                        determines that rules of civil procedure
                        available under the laws of such State provide
                        substantially similar protections to such
                        party's right to due process as Rule 65 of the
                        Federal Rules of Civil Procedure, the relief
                        sought under subparagraph (A) may be requested
                        under the laws of such State.''; and
            (2) in subsection (b), by adding at the end the following
        new paragraph:
            ``(10) Standard for certain orders.--No authority under
        this subsection or subsection (c) to prohibit any institution-
        affiliated party from withdrawing, transferring, removing,
        dissipating, or disposing of any funds, assets, or other
        property may be exercised unless the agency meets the standards
        of Rule 65 of the Federal Rules of Civil Procedure.''.

SEC. 5. DIRECTOR AND OFFICER LIABILITY.

    Section 11(k) of the Federal Deposit Insurance Act (12 U.S.C.
1821(k)) is amended by adding at the end the following new sentence:
``Notwithstanding the preceding sentence, a civil action for monetary
damages for losses due to a disregard of a duty of care may not be
brought against any director or officer of any insured depository
institution by the Corporation in any capacity described in clause (1),
(2), or (3) of the 1st sentence of this subsection under any provision
of State law, unless the standard of disregard required to be
demonstrated under such provision of law is as great or greater than
the standard described in the 1st sentence.''.

Summary: Lending Enhancement Through Necessary Due Process Act - Amends the Federal Deposit Insurance Act to make the following affirmative defenses available to a director, officer, or institution-affiliated party of an insured depository institution facing a civil action before a Federal banking agency or a court of jurisdiction: (1) business judgment, (2) regulatory approval. And (3) unforeseeable economic conditions. Sets forth a minimum standard for the order of production of personal financial information by a regulatory agency or court. Declares the Federal Rules of Civil Procedure relating to prejudgment attachment of assets applicable to Federal banking regulatory agencies. Prohibits the Federal Deposit Insurance Corporation from bringing a civil action under State law against an officer or director of an insured depository institution for monetary damages for losses due to a disregard of a duty of care unless the State standard for such duty is as great or greater than the Federal standard.


SECTION 1. SHORT TITLE.

    This Act may be cited as ``SIG TARP Small Business Awareness Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Small businesses are going to be the driving force
        behind revitalizing our economy.
            (2) Small financial institutions are a primary financial
        resource for small businesses.
            (3) In a hearing of the Committee on Financial Services of
        the House of Representatives, witnesses testified that smaller
        financial institutions are having difficulty receiving funds
        from the Troubled Asset Relief Program.
            (4) In a hearing of the Committee on Financial Services of
        the House of Representatives, witnesses also testified that
        small businesses are having trouble receiving credit and
        financial products from banks and other financial institutions.

SEC. 3. DUTIES OF THE SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET
              RELIEF PROGRAM RELATING TO SMALL FINANCIAL INSTITUTIONS
              AND BUSINESSES.

    (a) In General.--Section 121(c) of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231(c)) is amended by adding at
the end the following new paragraph:
            ``(5) Effects of program on small financial institutions
        and small businesses.--
                    ``(A) Small financial institutions.--In conducting
                audits and providing oversight of the Troubled Asset
                Relief Program in accordance with this section, the
                Special Inspector General shall examine how smaller
                financial institutions are being affected by--
                            ``(i) expenditures under the Program
                        (including the adequacy of financial assistance
                        provided to or on behalf of such smaller
                        financial institutions); and
                            ``(ii) the considerations and
                        determinations of--
                                    ``(I) the Secretary under this
                                title; and
                                    ``(II) the regulators of such
                                smaller financial institutions, with
                                respect to capital adequacy and
                                troubled assets.
                    ``(B) Small businesses.--In conducting audits and
                providing oversight of the Troubled Asset Relief
                Program, the Special Inspector General shall examine
                the effects the provision of financial assistance under
                this title has had on small businesses, including both
                positive and negative effects and the extent of such
                effects on small businesses generally and by type and
                region.
                    ``(C) Reports.--Any report prepared by the Special
                Inspector General under this section shall include the
                results of the activities of the Special Inspector
                General under paragraphs (1) and (2).''.
    (b) Report on Inclusion and Utilization of Women and Minorities.--
Section 121(i) of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5231(i)) is amended by adding at the end the following new
paragraph:
            ``(6) Report on inclusion and utilization of women and
        minorities.--
                    ``(A) In general.--The Special Inspector General
                shall include in each quarterly report to the Congress
                under paragraph (1) information on the activities of
                the Secretary and any financial institutions receiving
                financial assistance under this title to include and
                utilize minorities (as such term is defined in section
                1204(c) of the Financial Institutions Reform, Recovery,
                and Enforcement Act of 1989 (12 U.S.C. 1811 note)) and
                women, and minority- and women-owned businesses (as
                such terms are defined in section 21A(r)(4) of the
                Federal Home Loan Bank Act), in any solicitation or
                contract, including any contract to asset managers,
                servicers, property managers, and other service
                providers or expert consultants.
                    ``(B) Information to be included.--The quarterly
                report shall include information on the levels of
                inclusion and utilization of women, minorities, and
                women- and minority-owned businesses, including the
                type of such contracts or solicitations, the dollar
                amount of such contracts or solicitations, the total
                number of such contracts or solicitations, and any
                other information on the activities of the Secretary
                and any financial institutions receiving financial
                assistance under this title to increase the
                participation of women, minorities ,and women- and
                minority-owned businesses including recommendations
                related to increasing such participation.''.

            Passed the House of Representatives September 15, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: SIG TARP Small Business Awareness Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) to examine how smaller financial institutions are being affected by: (1) expenditures under TARP. (2) the considerations and determinations of the Secretary of the Treasury (Secretary) and the regulators of such smaller financial institutions regarding capital adequacy and troubled assets. And (3) the effects that TARP financial assistance has had upon small businesses, including by type and by region. Instructs the SIG to include, in quarterly reports to Congress, information on actions by the Secretary and any financial institutions receiving TARP assistance to include and utilize minorities and women, and minority- and women-owned businesses, in any solicitation or contract. Requires such reports to include information on: (1) the levels of inclusion and utilization of women, minorities, and women- and minority-owned businesses. (2) the type of such contracts or solicitations, their dollar amounts, and the total number of them. And (5) any other activities to increase the participation of women, minorities, and women- and minority-owned businesses, including recommendations.

To amend the Emergency Economic Stabilization Act of 2008 to require the Special Inspector General for the Troubled Asset Relief Program to include the effect of the Troubled Asset Relief Program on small businesses in the oversight, audits, and reports provided by the Special Inspector General, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medical Savings Account Availability
Act of 2001''.

SEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MEDICAL SAVINGS ACCOUNTS.

    (a) Repeal of Limitations on Number of Medical Savings Accounts.--
            (1) In general.--Subsections (i) and (j) of section 220 of
        the Internal Revenue Code of 1986 are hereby repealed.
            (2) Conforming amendments.--
                    (A) Paragraph (1) of section 220(c) of such Code is
                amended by striking subparagraph (D).
                    (B) Section 138 of such Code is amended by striking
                subsection (f).
    (b) Availability Not Limited to Accounts for Employees of Small
Employers and Self-Employed Individuals.--
            (1) In general.--Subparagraph (A) of section 220(c)(1) of
        such Code (relating to eligible individual) is amended to read
        as follows:
                    ``(A) In general.--The term `eligible individual'
                means, with respect to any month, any individual if--
                            ``(i) such individual is covered under a
                        high deductible health plan as of the 1st day
                        of such month, and
                            ``(ii) such individual is not, while
                        covered under a high deductible health plan,
                        covered under any health plan--
                                    ``(I) which is not a high
                                deductible health plan, and
                                    ``(II) which provides coverage for
                                any benefit which is covered under the
                                high deductible health plan.''.
            (2) Conforming amendments.--
                    (A) Section 220(c)(1) of such Code is amended by
                striking subparagraph (C).
                    (B) Section 220(c) of such Code is amended by
                striking paragraph (4) (defining small employer) and by
                redesignating paragraph (5) as paragraph (4).
                    (C) Section 220(b) of such Code is amended by
                striking paragraph (4) (relating to deduction limited
                by compensation) and by redesignating paragraphs (5),
                (6), and (7) as paragraphs (4), (5), and (6),
                respectively.
    (c) Increase in Amount of Deduction Allowed for Contributions to
Medical Savings Accounts.--
            (1) In general.--Paragraph (2) of section 220(b) of such
        Code is amended to read as follows:
            ``(2) Monthly limitation.--The monthly limitation for any
        month is the amount equal to \1/12\ of the annual deductible
        (as of the first day of such month) of the individual's
        coverage under the high deductible health plan.''.
            (2) Conforming amendment.--Clause (ii) of section
        220(d)(1)(A) of such Code is amended by striking ``75 percent
        of''.
    (d) Both Employers and Employees May Contribute to Medical Savings
Accounts.--Paragraph (4) of section 220(b) of such Code (as
redesignated by subsection (b)(2)(C)) is amended to read as follows:
            ``(4) Coordination with exclusion for employer
        contributions.--The limitation which would (but for this
        paragraph) apply under this subsection to the taxpayer for any
        taxable year shall be reduced (but not below zero) by the
        amount which would (but for section 106(b)) be includible in
        the taxpayer's gross income for such taxable year.''.
    (e) Reduction of Permitted Deductibles Under High Deductible Health
Plans.--
            (1) In general.--Subparagraph (A) of section 220(c)(2) of
        such Code (defining high deductible health plan) is amended--
                    (A) by striking ``$1,500'' in clause (i) and
                inserting ``$1,000''; and
                    (B) by striking ``$3,000'' in clause (ii) and
                inserting ``$2,000''.
            (2) Conforming amendment.--Subsection (g) of section 220 of
        such Code is amended to read as follows:
    ``(g) Cost-of-Living Adjustment.--
            ``(1) In general.--In the case of any taxable year
        beginning in a calendar year after 1998, each dollar amount in
        subsection (c)(2) shall be increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                such taxable year begins by substituting `calendar year
                1997' for `calendar year 1992' in subparagraph (B)
                thereof.
            ``(2) Special rules.--In the case of the $1,000 amount in
        subsection (c)(2)(A)(i) and the $2,000 amount in subsection
        (c)(2)(A)(ii), paragraph (1)(B) shall be applied by
        substituting `calendar year 2000' for `calendar year 1997'.
            ``(3) Rounding.--If any increase under paragraph (1) or (2)
        is not a multiple of $50, such increase shall be rounded to the
        nearest multiple of $50.''.
    (f) Providing Incentives for Preferred Provider Organizations To
Offer Medical Savings Accounts.--Clause (ii) of section 220(c)(2)(B) of
such Code is amended by striking ``preventive care if'' and all that
follows and inserting ``preventive care.''
    (g) Medical Savings Accounts May Be Offered Under Cafeteria
Plans.--Subsection (f) of section 125 of such Code is amended by
striking ``106(b),''.
    (h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Summary: Medical Savings Account Availability Act of 2001 - Amends the Internal Revenue Code with respect to medical savings accounts to: (1) repeal restrictions on the number of accounts which may be established. And (2) expand the availability of such accounts to individuals other than the self-employed and employees of small employers.

To amend the Internal Revenue Code of 1986 to expand the availability of Archer medical savings accounts.


SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Cocopah Lands Act''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) The reservation of the Cocopah Indian Tribe of Arizona
        is located in Yuma County, Arizona.
            (2) That reservation was created by an Executive order
        signed by President Woodrow Wilson in 1917.
            (3) That reservation is made up of 3 noncontiguous tracts
        of land.
            (4) The Tribe inhabits all 3 parts of the reservation.
            (5) The Tribe purchased the additional lands to provide
        infrastructure to housing areas, water, and economic
        development to tribal members.
            (6) The current trust land base of the reservation is
        insufficient to provide such needs.
            (7) The Tribe acquired 7 parcels of land contiguous to its
        present reservation lands in 1986, 1993, 1997, and 2005, and
        these parcels are currently classified as ``Indian Lands''
        under Federal law.
            (8) The acquired parcels shall not be taken into trust for
        gaming purposes.
            (9) The best means of solving the Tribe's land and economic
        needs to its tribal members is to require the Secretary to take
        lands in Yuma County, Arizona, that are acquired by the Tribe
        into trust for the Tribe subject to the provisions of this Act.

SEC. 3. DEFINITIONS.

    For the purpose of this Act, the following definitions apply:
            (1) Tribe.--The term ``Tribe'' means the Cocopah Indian
        Tribe of Arizona.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. LANDS TO BE TAKEN INTO TRUST.

    (a) Lands to Be Taken Into Trust.--If the Tribe transfers title to
the land described in subsection (b) to the Secretary, the Secretary
shall take that land into trust for the benefit of the Tribe, if at the
time of such transfer there are no adverse legal claims to such land,
including outstanding liens, mortgages, or taxes owed.
    (b) Land Described.--The land referred to in subsection (a) is
described as follows:
            (1) Parcel 1 (sibley purchase 1986).--Lot 4 and the SW\1/
        4\, of the NW\1/4\, of Sec. 1, T. 10 S., R. 25 W., of the Gila
        and Salt River Base and Meridian, Yuma County, Arizona, except
        that portion of the SW\1/4\, of the NW\1/4\, of said Sec. 1, T.
        10 S., R. 25 W., lying southeasterly of the north right-of-way
        line of the Bureau of Reclamation levee.
            (2) Parcel 2 (sibley purchase 1986).--Lot 1 and the SE\1/
        4\, of the NE\1/4\, of Sec. 2, T. 10 S., R. 25 W., of the Gila
        and Salt River Base and Meridian, Yuma County, Arizona.
            (3) Parcel 3 (mcdaniel purchase 1993).--That part of the
        E\1/2\, of the SE\1/4\, lying south of the East Main Bureau of
        Reclamation Canal right of way in Sec. 30, T. 9 S., R. 23 W.,
        of the Gila and Salt River Base and Meridian, Yuma County,
        Arizona.
            (4) Parcel 4 (holland purchase 1997).--That portion of the
        NW\1/4\, of the NE\1/4\, of Sec. 31, T. 16 S., R 22 E., of the
        San Bernardino Base and Meridian, Yuma County, Arizona, lying
        north of the levee and Salinity Canal; except the north 220
        feet.
            (5) Parcel 5 (holland purchase 1997).--An easement over the
        easterly 15 feet of the north 220 feet of that portion of the
        NW\1/4\, of the NE\1/4\, of Sec. 31, T. 16 S., R. 22 E., of the
        San Bernardino Base and Meridian, Yuma County, Arizona, lying
        north of the levee and Salinity Canal for irrigation purposes.
            (6) Parcel 6 (powers purchase 1997).--Lots 21, 24, and 25,
        Sec. 29, and lots 16 and 17 and the N\1/2\, of the SW\1/4\, of
        the SE\1/4\, of Sec. 30, T. 16 S., R. 22 E., of the San
        Bernardino Meridian, Yuma County, Arizona, according to the
        dependent resurvey of the Bureau of Land Management, accepted
        December 9, 1960.
            (7) Parcel 7 (speed way purchase 2005).--That portion of
        the W\1/2\ of the SE\1/4\ of Sec. 30, T. 9 S., R. 21 W., of the
        Gila and Salt River Base and Meridian, Yuma County, Arizona,
        lying South and East of the East Main Canal; except the south
        33 feet thereof; except one-third interest in and to all
        mineral rights, as reserved in the deed recorded in Docket
        1461, page 600, records of Yuma County, Arizona.
    (c) Lands to Be Made Part of the Reservation.--Land taken into
trust pursuant to subsection (a) shall be considered to be part of the
Tribe's initial reservation.
    (d) Service Area.--For the purposes of the delivery of Federal
services to enrolled members of the Tribe, the Tribe's service area
shall be Yuma County, Arizona.
    (e) Gaming Prohibited.--Land taken into trust for the benefit of
the Tribe under this Act shall not be used for gaming under the Indian
Gaming Regulatory Act.

SEC. 5. REGULATIONS.

     The Secretary may promulgate such regulations as may be necessary
to carry out this Act.

Summary: Cocopah Lands Act - Provides that if the Cocopah Indian Tribe of Arizona transfers title to certain described land to the Secretary of the Interior, the Secretary shall take it into trust for the benefit of the Tribe, if there are no adverse legal claims to it, including outstanding liens, mortgages, or taxes owed. Considers such land to be part of the Tribe's initial reservation. Prohibits its use for gaming under the Indian Gaming Regulatory Act.

To direct the Secretary of the Interior to take lands in Yuma County, Arizona, into trust as part of the reservation of the Cocopah Indian Tribe, and for other purposes.


ON THE BUDGET FOR
                            FISCAL YEAR 2002

SEC. 201. ADJUSTMENTS TO THE FISCAL YEAR 2002 BUDGET RESOLUTION.

    The concurrent resolution on the budget for fiscal year 2002 (H.
Con. Res. 83, 107th Congress, 1st session) is amended as follows:
            (1) Section 101(2) (relating to total new budget authority)
        is amended to read as follows:
                            ``Fiscal year 2002: $1,648,921,000,000.''.
            (2) Section 101(3) (relating to total budget outlays) is
        amended to read as follows:
                            ``Fiscal year 2002: $1,611,036,000,000.''.
            (3) Section 101(4) (relating to the surplus) is amended to
        read as follows:
                            ``Fiscal year 2002: $27,166,000,000.''.
            (4) Section 101(5) (relating to the public debt) is amended
        to read as follows:
                            ``Fiscal year 2002: $5,738,007,000,000.''.
            (5) Section 101(6) (relating to debt held by the public) is
        amended to read as follows:
                            ``Fiscal year 2002: $3,058,429,000,000.''.
            (6) Section 102(18) (relating to net interest (900)) is
        amended to read as follows:
                    ``Fiscal Year 2002:
                            ``(A) New budget authority,
                        $262,639,000,000.
                            ``(B) Outlays, $262,639,000,000.''.
            (7) Section 102(19) (relating to allowances (920)) is
        amended to read as follows:
                    ``Fiscal Year 2002:
                            ``(A) New budget authority,
                        $15,948,000,000.
                            ``(B) Outlays, $16,340,000,000.''.

SEC. 202. ADDITIONAL REQUIREMENTS RESPECTING THE FISCAL YEAR 2002
              BUDGET RESOLUTION.

    (a) Conforming Changes.--The chairman of the Committee on the
Budget of the House of Representatives and the chairman of the
Committee on the Budget of the Senate shall each make necessary
conforming changes for fiscal years 2003 through 2011 (as appropriate)
in total new budget authority, total budget outlays, the surplus or
deficit, public debt, debt held by the public, net interest (900), and
allowances (920), as set forth in the concurrent resolution on the
budget for fiscal year 2002. Such changed levels shall be deemed to be
levels set forth in the concurrent resolution on the budget for fiscal
year 2002 for all purposes under titles III and IV of the Congressional
Budget Act of 1974.
    (b) Revised Section 302(a) Allocations for Fiscal Year 2002.--
            (1) It is the intent of this subsection that the section
        302(a) allocations to the Committee on Appropriations of each
        House for fiscal year 2002 will be increased to
        $683,201,000,000 in new budget authority and $702,806,000,000
        in outlays.
            (2) Upon the enactment of this Act, the chairman of the
        Committee on the Budget of the House of Representatives and the
        chairman of the Committee on the Budget of the Senate shall
        each make the appropriate adjustments in the section 302(a)
        allocations to the Committee on Appropriations of its House, as
        initially made by the explanatory joint statement of managers
        accompanying the conference report on the concurrent resolution
        on the budget for fiscal year 2002, to the extent necessary to
        carry out revisions and changes made by section 201.
    (c) Publication in the Congressional Record.--The chairman of the
Committee on the Budget of the House of Representatives and the
chairman of the Committee on the Budget of the Senate shall each have
published in the Congressional Record the changes and revisions made
pursuant to subsections (a) and (b).
    (d) Appropriate Levels.--Section 221(d)(2) of the concurrent
resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th
Congress, 1st session) is repealed.

 TITLE III--TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY
                      DEFICIT CONTROL ACT OF 1985

SEC. 301. TECHNICAL CORRECTIONS TO THE BALANCED BUDGET AND EMERGENCY
              DEFICIT CONTROL ACT OF 1985.

    Part C of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended as follows:
            (1) In section 250(a), strike ``GENERAL AND SPECIAL
        SEQUESTRATION RULES'' and insert ``General and special
        sequestration rules'' in the item related to section 256.
            (2) In subparagraphs (F), (G), (H), (I), (J), and (K) of
        section 250(c)(4), insert ``subparagraph'' after ``described
        in'' each place it appears.
            (3) In section 250(c)(18), insert ``of'' after
        ``expenses''.
            (4) In section 251(b)(1)(A), strike ``committees'' the
        first place it appears and insert ``Committees''.
            (5) In section 251(b)(1)(C)(i), strike ``fiscal years'' and
        insert ``fiscal year''.
            (6) In section 251(b)(1)(D)(ii), strike ``fiscal years''
        and insert ``fiscal year''.
            (7) In section 252(b)(2)(B), insert ``the'' before ``budget
        year''.
            (8) In section 251(c)(5), move subparagraph (A) 2 ems to
        the right.
            (9) In section 252(c)(1)(C), strike ``paragraph (1)'' and
        insert ``subsection (b)''.
            (10) Amend section 254(c)(3)(A) of the Balanced Budget and
        Emergency Deficit Control Act of 1985 to read as follows:
                    ``(A) The amount of the sequestration, if any,
                calculated under section 252(b).''.
            (11) In section 254(f)(4), strike ``subsection'' and insert
        ``section'' and strike ``sequesterable'' and insert
        ``sequestrable''.
            (12) In section 255(g)(1)(B), move the item relating to the
        Railroad supplemental annuity pension fund 2 ems to the right.
            (13) In section 255(g)(2), insert ``and'' after the
        semicolon in the item relating to the Rail service assistance.
            (14) In section 255(h)--
                    (A) strike ``and'' after the semicolon in the item
                relating to the Supplemental Security Income Program;
                    (B) insert ``and'' after the semicolon in the item
                relating to the Special supplemental nutrition program
                for women, infants, and children; and
                    (C) strike the semicolon at the end and insert a
                period.
            (15) In section 256(k)(1), strike ``paragraph (5)'' and
        insert ``paragraph (6)''.
            (16) In section 257(b)(2)(A)(i), strike ``differenes'' and
        insert ``differences''.
            (17) In section 258(a)(1), strike ``section 254(j)'' both
        places it appears and insert ``254(i)'', and in section
        258(a)(2)(A), strike ``section 254(j)'' and insert ``254(i)''.
            (18) In section 258B(c), strike ``paragraph'' each place it
        appears and insert ``section''.
            (19) In section 258B(d), strike ``paragraph'' and insert
        ``section''.

Summary: Interim Budget Control and Enforcement Act of 2001 - Title I: Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to increase discretionary spending limits for FY 2002. Requires the President's FY 2003 budget submission to identify emergency-designated funding which was enacted in response to the events of September 11,2001, and is ongoing and recurring in nature. Title II: Adjustments to the Concurrent Resolution on the Budget for Fiscal Year 2002 - Adjusts figures within the concurrent resolution on the budget for FY 2002 with regard to: (1) total new budget authority, (2) total budget outlays, (3) the surplus, (4) the public debt, (5) net interest. And (6) allowances. Requires the chairmen of the budget committees of each House to: (1) make the necessary conforming changes for FY 2003 through 2011 in each of such areas. And (2) make appropriate adjustments in the allocations to their respective Committees on Appropriations. Title III: Technical Corrections to the Balanced Budget and Emergency Deficit Control Act of 1985 - Makes technical corrections in the Balanced Budget and Emergency Deficit Control Act of 1985.

To revise the discretionary spending limits for fiscal year 2002 set forth in the Balanced Budget and Emergency Deficit Control Act of 1985 and to make conforming changes respecting the appropriate section 302(a) allocation for fiscal year 2002 established pursuant to the concurrent resolution on the budget for fiscal year 2002, and for other purposes.


SECTION 1. ENERGY-RELATED RESEARCH AND DEVELOPMENT.

    (a) Findings.--Congress finds that--
            (1) information and opinions provided by individuals and
        entities of the academic and industrial sectors should be an
        important consideration with respect to energy-related research
        and development activities carried out by the Federal
        Government;
            (2) in carrying out energy-related research and development
        activities, the Federal Government should regularly seek input
        from multiple sources, including the industrial sector,
        academia, and other relevant sectors;
            (3) research is better focused around well-defined problems
        that need to be resolved;
            (4) a number of potential problems to be resolved are
        likely to require input from a diverse selection of
        technologies and contributing sectors;
            (5) sharing of information relating to energy research and
        development is important to the development and innovation of
        energy technologies;
            (6) necessary intellectual property protection can lead to
        delays in sharing valuable information that could aid in
        resolving major energy-related problems;
            (7) the Federal Government should facilitate the sharing of
        information from a diverse array of industries by ensuring the
        protection of intellectual property while simultaneously
        creating an environment of openness and cooperation; and
            (8) the Federal Government should revise the methods of the
        Federal Government regarding energy-related research and
        development to encourage faster development and implementation
        of energy technologies.
    (b) Definitions.--In this section:
            (1) Network.--The term ``network'' means the Energy
        Technologies Innovation Network established by subsection
        (d)(1).
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (3) Survey.--The term ``survey'' means a survey conducted
        pursuant to subsection (c).
    (c) Energy-Related Research and Development Priorities.--
            (1) In general.--Not less frequently than once every 5
        years, the Secretary shall conduct a survey in accordance with
        this subsection to determine the 10 highest-priority energy-
        related problems to resolve to ensure the goals of--
                    (A) maximizing the energy security of the United
                States;
                    (B) maximizing improvements in energy efficiency
                within the United States; and
                    (C) minimizing damage to the economy and the
                environment of the United States.
            (2) Survey.--
                    (A) In general.--Each survey shall contain a
                request that the respondent shall list, in descending
                order of priority, the 10 highest-priority energy-
                related problems that, in the opinion of the
                respondent, require resolution as quickly as
                practicable to ensure the goals described in paragraph
                (1).
                    (B) Announcement.--The Secretary shall announce the
                existence of each survey by--
                            (i) publishing an announcement in the
                        Federal Register; and
                            (ii) placing an announcement in a prominent
                        position on the homepage of the website of the
                        Department of the Energy.
                    (C) Availability.--The Secretary shall ensure that
                each survey is made available--
                            (i) in an electronic format only through a
                        link on the Department of Energy website;
                            (ii) for a period of not less than 21 days
                        and not more than 30 days; and
                            (iii) to any individual or entity that
                        elects to participate.
                    (D) Additional information gathering.--Each
                survey--
                            (i) shall require each respondent to
                        provide information regarding--
                                    (I) the age of the respondent;
                                    (II) the occupational category of
                                the respondent;
                                    (III) the period of time during
                                which the respondent has held the
                                current occupation of the respondent;
                                and
                                    (IV) the State and country in which
                                the respondent resides; and
                            (ii) may request, but shall not require--
                                    (I) the name of the respondent;
                                    (II) an identification of the
                                employer of the respondent;
                                    (III) the electronic mail address
                                of the respondent; and
                                    (IV) such other information as the
                                Secretary determines to be appropriate.
                    (E) Respondents.--The Secretary shall seek
                responses to a survey from appropriate representatives
                of--
                            (i) the energy, transportation,
                        manufacturing, construction, mining, and
                        electronic industries;
                            (ii) academia;
                            (iii) research facilities;
                            (iv) nongovernmental organizations;
                            (v) the Federal Government; and
                            (vi) units of State and local government.
                    (F) Nonpolitical requirement.--The Secretary shall
                ensure that each survey is conducted, to the maximum
                extent practicable--
                            (i) in a transparent, nonpolitical, and
                        scientific manner; and
                            (ii) without any political bias.
                    (G) Report.--Not later than 180 days after the date
                on which a survey under this subsection is no longer
                available under subparagraph (C)(ii), the Secretary
                shall submit to Congress and make available to the
                public (including through publication in the Federal
                Register and on the website of the Department of
                Energy) a report that--
                            (i) describes the results of the survey;
                        and
                            (ii) includes a list of the 10 highest-
                        priority energy-related problems based on all
                        responses to the survey.
            (3) Effect of results on energy-related research and
        development.--
                    (A) In general.--Subject to subparagraph (B), on
                receipt of a report under paragraph (2)(G), the
                Secretary shall ensure that, during the 5-year period
                beginning on the date of receipt of the report, all
                energy-related research and development activities of
                the Department of Energy are carried out for the
                purpose of resolving, to the maximum extent
                practicable, the 10 problems included on the list of
                the report under paragraph (2)(G)(ii).
                    (B) Additional problems.--In addition to the
                activities described in subparagraph (A), during the 5-
                year period beginning on the date of receipt of a
                report under paragraph (2)(G), the Secretary may carry
                out, using the same quantity of resources as are
                allocated to any 1 energy-related problem included on
                the list of the report under paragraph (2)(G)(ii),
                energy-related research and development activities for
                the purpose of resolving, to the maximum extent
                practicable, 2 additional energy-related problems
                that--
                            (i) are not included on the list; and
                            (ii) are high-priority energy-related
                        problems, as determined by the Secretary.
    (d) Energy Technologies Innovation Network.--
            (1) Establishment.--There is established an information and
        collaboration network, to be known as the ``Energy Technologies
        Innovation Network''.
            (2) Purpose.--The purpose of the network shall be to
        provide a forum through which interested parties (including
        scientists and entrepreneurs) can present, discuss, and
        collaborate with respect to information and ideas relating to
        energy technologies.
            (3) Operation of network.--
                    (A) In general.--The Secretary shall offer to enter
                into a contract, after an open bidding process, with a
                third party to operate the network.
                    (B) Requirements.--The third party selected under
                subparagraph (A) shall--
                            (i) have experience with respect to the
                        establishment and maintenance of a
                        comprehensive database of Federal research and
                        development projects that is--
                                    (I) easily searchable;
                                    (II) open to the public; and
                                    (III) capable of expansion;
                            (ii) provide a secure electronic forum to
                        enable collaboration among users of the
                        network; and
                            (iii) collaborate with the Secretary to
                        protect the intellectual property rights of
                        individual users and governmental agencies
                        participating in the network in accordance with
                        paragraph (6).
            (4) Required contributors.--Each research laboratory or
        other facility that receives Federal funding shall provide to
        the network the results of the research conducted using that
        funding, regardless of whether the research relates to energy,
        subject to the condition that revelation of the research will
        not adversely effect national security.
            (5) Other contributors.--Other entities, including entities
        in the academic and industrial sectors and individuals, may
        participate in the network to actively contribute to
        resolving--
                    (A) the energy-related problems included on the
                list of the report under subsection (c)(2)(G)(ii); or
                    (B) any other energy-related problem that the
                contributor determines would advance the goals
                described in subsection (c)(1).
            (6) Protection of information and ideas.--In collaborating
        with a third party in operating the network under paragraph
        (3), the Secretary shall employ such individuals and entities
        with experience relating to--
                    (A) intellectual property as the Secretary
                determines to be necessary to ensure that--
                            (i) information and ideas presented, and
                        discussed in the network are--
                                    (I) monitored with respect to the
                                intellectual property owners and
                                components of the information or ideas;
                                and
                                    (II) protected in accordance with
                                applicable Federal intellectual
                                property law (including regulations);
                            (ii) information and ideas developed within
                        the network are--
                                    (I) monitored with respect to the
                                intellectual property components of the
                                developers of the information or ideas;
                                and
                                    (II) protected in accordance with
                                applicable Federal intellectual
                                property law (including regulations);
                                and
                            (iii) contributors to the network are
                        provided adequate assurances that intellectual
                        property rights of the contributors will be
                        protected with respect to participation in the
                        network;
                    (B) setting up, maintaining, and operating a
                network that ensures security and reliability.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.

Summary: Directs the Secretary of Energy to conduct a survey every five years to determine the 10 highest-priority energy-related problems to resolve to ensure the goals of: (1) maximizing US energy security, (2) maximizing improvements in energy efficiency within the United States. And (3) minimizing damage to the domestic economy and the environment. Instructs the Secretary to: (1) report to Congress the survey results, including a list of the 10 highest-priority energy-related problems based on survey responses. And (2) ensure that, during the five year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy (DOE) are implemented for the purpose of resolving the problems listed. Establishes the Energy Technologies Innovation Network to provide a forum through which interested parties can present, discuss, and collaborate with respect to information and ideas relating to energy technologies. Requires each research facility that receives federal funding to provide to the Network the results of the research conducted using that funding, regardless of whether the research relates to energy.

A bill to establish an energy technologies innovation network, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Green Communities Act of 2009''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Landscaping adds to the economic value and sales appeal
        of commercial real estate and increases office occupancy rates.
            (2) Greening can change people's perceptions of their
        neighborhoods, reduce violence and crime, and increase
        neighborhood stability.
            (3) Planting new trees, improving streetscapes, and
        cleaning vacant lots increases property values.
            (4) People will stay longer and shop more in shopping
        districts that are well landscaped.
            (5) Improvements to neighborhood parks increase the value
        of single-family homes in the surrounding community.
            (6) Homes adjacent to vacant lots that are greened have a
        much higher property value than homes adjacent to vacant lots
        that have not been greened.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To promote investment in greening projects and programs
        as effective economic development tools.
            (2) To connect urban economic development initiatives with
        environmental initiatives.
            (3) To improve quality of life for city residents.
            (4) To encourage public-private partnerships.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Community greening initiative.--The term ``community
        greening initiative'' means a program that increases economic
        development by improving the environment. A community greening
        initiative may include the following:
                    (A) Revitalizing municipal parks and public spaces.
                    (B) Landscaping community gateways and key
                corridors.
                    (C) Tree plantings and urban forestry projects.
                    (D) Comprehensive planning for open space
                preservation.
                    (E) Education, training, and volunteer management
                concerning community green initiatives.
                    (F) Green roof construction.
                    (G) Green stormwater infrastructure.
                    (H) Vacant lot management.
            (2) Green roof.--The term ``green roof'' means a roof
        consisting of vegetation and soil or a growing medium planted
        over a waterproofing membrane.
            (3) Green stormwater infrastructure.--The term ``green
        stormwater infrastructure'' means systems and practices that
        use or mimic natural processes to infiltrate, evapotranspirate,
        or reuse stormwater on the site where it occurs rather than
        transporting the water to a stream or treatment facility.
            (4) Nonprofit organization.--The term ``nonprofit
        organization'' means an organization that is described in
        section 501(c)(3) of the Internal Revenue Code of 1986 and
        exempt from tax under section 501(a) of such Code.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (6) Urban forestry.--The term ``urban forestry'' means an
        integrated citywide or neighborhood-wide approach to the
        planting, care, and management of trees in the city or the
        neighborhood in order to ensure environmental and social
        benefits for residents.

SEC. 4. GRANTS FOR COMMUNITY GREENING INITIATIVES.

    (a) Grants.--
            (1) In general.--To the extent that funds are available,
        the Secretary shall, acting through the Assistant Secretary of
        Commerce for Economic Development, award grants to eligible
        municipalities to carry out community greening initiatives.
            (2) Grant amount.--The Secretary may not award a grant
        under this section in an amount that exceeds $2,000,000.
    (b) Eligible Municipalities.--For purposes of this section, an
eligible municipality is any municipality that meets--
            (1) the criteria described by section 209(b) of the Public
        Works and Economic Development Act of 1965 (42 U.S.C. 3149(b));
        and
            (2) the circumstances described by section 209(c) of such
        Act (42 U.S.C. 3149(c)).
    (c) Selection of Grant Recipients.--
            (1) Application.--An eligible municipality seeking a grant
        under this section for a community greening initiative shall
        submit to the Secretary an application therefor in such form
        and in such manner as the Secretary considers appropriate.
            (2) Selection.--The Secretary shall, in consultation with
        the nonprofit organizations that receive a grant or enter into
        a contract with the Secretary under section 5(a), select to
        receive grants under this section 80 eligible municipalities
        that have successfully developed and planned a community
        greening initiative, as determined by the Secretary.
            (3) Limitation.--The Secretary may not award a grant under
        this section to an eligible municipality for a community
        greening initiative that the Secretary determines will require
        more than 2 years to complete.
    (d) Use of Grant Funds.--Each eligible municipality receiving a
grant under this section shall, with technical assistance and training
provided under section 5(c), use the grant to carry out the community
greening initiative for which the grant is received.
    (e) Matching Requirement.--An eligible municipality seeking a grant
under this section for a community greening initiative shall agree to
make available non-Federal funds to carry out the community greening
initiative in an amount equal to not less than 50 percent of the grant
awarded to such eligible municipality under this section.
    (f) Report.--Not later than 60 days after an eligible municipality
that receives a grant under this section for a community greening
initiative completes such initiative, the eligible nonprofit
organization that assisted such municipality with such initiative under
subsection (d) shall submit to the Secretary a report assessing the
implementation of such initiative.

SEC. 5. TECHNICAL ASSISTANCE AND TRAINING FOR MUNICIPALITIES.

    (a) Grants or Contracts.--
            (1) In general.--To the extent that funds are available,
        the Secretary shall award grants to, or enter into contracts
        with, 5 eligible nonprofit organizations to provide technical
        assistance and training to municipalities that receive grants
        under section 4.
            (2) Duration.--A grant or contract under paragraph (1)
        shall be for a period of 5 years.
    (b) Eligible Nonprofit Organization.--For purposes of this section,
an eligible nonprofit organization is any nonprofit organization that
has experience with the following:
            (1) Planning and implementing projects concerning urban
        open space, landscape management, and community greening
        initiatives.
            (2) Land and water conservation.
            (3) Working with communities.
            (4) Forming partnerships or regional consortiums.
            (5) Urban ecology.
            (6) Such other experience as the Secretary considers
        appropriate.
    (c) Technical Assistance and Training.--
            (1) In general.--Each eligible nonprofit organization
        receiving a grant or entering into a contract under subsection
        (a) shall provide technical assistance and training to
        municipalities receiving grants under section 4 to assist such
        municipalities in carrying out the community greening
        initiatives for which such grants were awarded.
            (2) Activities.--Technical assistance and training under
        paragraph (1) may include the following:
                    (A) Developing, planning, implementing, and
                assessing community greening initiatives.
                    (B) Developing and implementing training and
                workshops for municipal agencies and local partners.
                    (C) Evaluating a community greening initiative.
    (d) Report.--Not later than 90 days after the end of each fiscal
year for which amounts are made available for grants under this
section, the Secretary shall submit to Congress a report on the
technical assistance and training provided under this section. Each
report shall describe the actions taken by the Secretary to ensure that
technical assistance and training provided under this section is
responsive to the needs of municipalities that receive grants under
section 4.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act--
            (1) $30,000,000 for each of fiscal years 2010, 2013, and
        2014; and
            (2) $90,000,000 for each of fiscal years 2011 and 2012.
    (b) Reservation of Funds.--
            (1) Grants for community greening initiatives.--Not less
        than 66 percent of the amounts made available to carry out this
        Act for each of fiscal years 2011 and 2012 shall be made
        available for the awarding of grants under section 4.
            (2) Technical assistance and training.--Of the amounts made
        available to carry out this Act, amounts shall be made
        available for technical assistance and training under section 5
        as follows:
                    (A) For each of fiscal years 2010, 2013, and 2014,
                85 percent of such amounts.
                    (B) For each of fiscal years 2011 and 2013, 28
                percent of such amounts.
    (c) Availability.--Funds made available under this Act shall remain
available until expended.

Summary: Green Communities Act of 2009 sic - Directs the Secretary of Commerce, through the Assistant Secretary of Commerce for Economic Development, to make grants to eligible municipalities to carry out community greening initiatives. Defines such an initiative as a program that increases economic development by improving the environment and that may include: (1) revitalizing municipal parks and public spaces, (2) landscaping community gateways and key corridors, (3) tree plantings and urban forestry projects, (4) comprehensive planning for open space preservation, (5) education, training, and volunteer management concerning community green initiatives, (6) green roof construction, (7) green stormwater infrastructure. And (8) vacant lot management. Defines an eligible municipality as a municipality that meets criteria for an economic adjustment grant under the Public Works and Economic Development Act of 1965. Directs the Secretary to select 80 eligible municipalities to receive grants. Requires an eligible municipality seeking a grant to agree to make available nonfederal funds to carry out the initiative in an amount equal to not less than 50 of the grant awarded. Directs the Secretary to make grants to, or enter into contracts with, five nonprofit organizations to provide technical assistance and training to municipalities receiving grants.

A bill to require the Secretary of Commerce to award grants to municipalities to carry out community greening initiatives, and for other purposes.