SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Readiness Enhancement Act
of 2010''.

SEC. 2. PURPOSE.

    The purpose of this Act is to institute in the Armed Forces a
policy of nondiscrimination based on sexual orientation.

SEC. 3. REPEAL OF 1993 POLICY CONCERNING HOMOSEXUALITY IN THE ARMED
              FORCES.

    The following provisions of law are repealed:
            (1) Section 654 of title 10, United States Code.
            (2) Subsections (b), (c), and (d) of section 571 of the
        National Defense Authorization Act for Fiscal Year 1994 (10
        U.S.C. 654 note).

SEC. 4. ESTABLISHMENT OF POLICY OF NONDISCRIMINATION BASED ON SEXUAL
              ORIENTATION IN THE ARMED FORCES.

    (a) Establishment of Policy.--
            (1) In general.--Chapter 37 of title 10, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 656. Policy of nondiscrimination based on sexual orientation in
              the armed forces
    ``(a) Policy.--The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, may not discriminate on the basis
of sexual orientation against any member of the armed forces or against
any person seeking to become a member of the armed forces.
    ``(b) Discrimination on Basis of Sexual Orientation.--For purposes
of this section, discrimination on the basis of sexual orientation is--
            ``(1) in the case of a member of the armed forces, the
        taking of any personnel or administrative action (including any
        action relating to promotion, demotion, evaluation, selection
        for an award, selection for a duty assignment, transfer, or
        separation) in whole or in part on the basis of sexual
        orientation; and
            ``(2) in the case of a person seeking to become a member of
        the armed forces, denial of accession into the armed forces in
        whole or in part on the basis of sexual orientation.
    ``(c) Personnel and Administrative Policies and Action.--The
Secretary of Defense, and the Secretary of Homeland Security with
respect to the Coast Guard when it is not operating as a service in the
Navy, may not establish, implement, or apply any personnel or
administrative policy, or take any personnel or administrative action
(including any policy or action relating to promotions, demotions,
evaluations, selections for awards, selections for duty assignments,
transfers, or separations) in whole or in part on the basis of sexual
orientation.
    ``(d) Rules and Policies Regarding Conduct.--Nothing in this
section prohibits the Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, from prescribing or enforcing
regulations governing the conduct of members of the armed forces if the
regulations are designed and applied without regard to sexual
orientation.
    ``(e) Re-Accession of Otherwise Qualified Persons Permitted.--Any
person separated from the armed forces on the basis of sexual
orientation in accordance with laws and regulations in effect before
the date of the enactment of this section, if otherwise qualified for
re-accession into the armed forces, shall not be prohibited from re-
accession into the armed forces on the sole basis of such separation.
    ``(f) Sexual Orientation.--In this section, the term `sexual
orientation' means heterosexuality, homosexuality, or bisexuality,
whether the orientation is real or perceived, and includes statements
and consensual sexual conduct that is not otherwise illegal manifesting
heterosexuality, homosexuality, or bisexuality.''.
            (2) Clerical amendments.--The table of sections at the
        beginning of chapter 37 of such title is amended--
                    (A) by striking the item relating to section 654;
                and
                    (B) by adding at the end the following new item:

``656. Policy of nondiscrimination based on sexual orientation in the
                            armed forces.''.
    (b) Conforming Amendments.--Title 10, United States Code, is
amended as follows:
            (1) Section 481 is amended--
                    (A) In subsection (a)(2), by inserting ``,
                including sexual orientation discrimination,'' after
                ``discrimination'' in subparagraphs (C) and (D); and
                    (B) in subsection (c), by inserting ``and sexual
                orientation-based'' after ``gender-based'' both places
                it appears.
            (2) Section 983(a)(1) is amended by striking ``(in
        accordance with section 654 of this title and other applicable
        Federal laws)''.
            (3) Section 1034(i)(3) is amended by inserting ``sexual
        orientation,'' after ``sex,''.

SEC. 5. BENEFITS.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to require the furnishing of dependent benefits in violation
of section 7 of title 1, United States Code (relating to the
definitions of ``marriage'' and ``spouse'' and referred to as the
``Defense of Marriage Act'').

SEC. 6. NO PRIVATE CAUSE OF ACTION FOR DAMAGES.

    Nothing in this Act, or the amendments made by this Act, shall be
construed to create a private cause of action for damages.

SEC. 7. REVIEW AND IMPLEMENTATION.

    (a) Pentagon Working Group.--
            (1) Establishment.--The Secretary of Defense shall
        establish in the Department of Defense a working group (to be
        known as the ``Pentagon Working Group'') to make
        recommendations to the Secretary regarding the implementation
        of this Act and the amendments made by this Act.
            (2) Treatment of existing working group.--If there exists
        in the Department as of the date of the enactment of this Act a
        working group on recommendations regarding the repeal of
        section 654 of title 10, United States Code, the Secretary may
        treat the working group as the working group required by
        paragraph (1) for purposes of this section.
    (b) Working Group Recommendations.--
            (1) Submittal to secretary of defense.--Not later than 270
        days after the date of the enactment of this Act, the working
        group under subsection (a) shall submit to the Secretary of
        Defense a written report setting forth such recommendations as
        the working group considers appropriate for a revision of
        Department of Defense regulations, or the issuance of new
        regulations, to implement this Act and the amendments made by
        this Act.
            (2) Submittal to congress.--The report under paragraph (1)
        shall also be submitted to the Committees on Armed Services of
        the Senate and the House of Representatives.
    (c) Regulations.--
            (1) Revisions required.--Not later than 60 days after
        receipt of the report required by subsection (b)(1), the
        Secretary of Defense shall revise Department of Defense
        regulations, and shall issue such new regulations as may be
        necessary, to implement this Act and the amendments made by
        this Act. The Secretary of Defense shall further direct the
        Secretary of each military department to revise regulations of
        that military department in accordance with this Act, not later
        than 120 days after the Secretary of Defense receives the
        report required by subsection (b)(1).
            (2) Elements.--The revisions required by paragraph (1)
        shall include the following:
                    (A) Revision of all equal opportunity and human
                relations regulations, directives, and instructions to
                add sexual orientation nondiscrimination to the
                Department of Defense Equal Opportunity policy and to
                related human relations training programs.
                    (B) Revision of Department of Defense and military
                department personnel regulations to eliminate
                procedures for involuntary discharges based on sexual
                orientation.
                    (C) Revision of Department of Defense and military
                department regulations governing victims' advocacy
                programs to include sexual orientation discrimination
                among the forms of discrimination for which members of
                the Armed Forces and their families may seek
                assistance.
                    (D) Revision of any Department of Defense and
                military department regulations as necessary to ensure
                that regulations governing the personal conduct of
                members of the Armed Forces are written and enforced
                without regard to sexual orientation.
    (d) Sexual Orientation Defined.--In this section, the term ``sexual
orientation'' has the meaning given that term in section 656(f) of
title 10, United States Code, as added by section 4(a).

SEC. 8. REPORT.

    Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
setting forth an assessment of the compliance of institutions of higher
education with section 983 of title 10, United States Code (as amended
by section 4(b)), and describing the actions, if any, taken by the
Secretary to effect the denial of funds authorized in that section to
an institution of higher education that continues to prohibit, or in
effect prevent, the Secretary or a military department from
maintaining, establishing, or operating a unit of the Senior Reserve
Officers' Training Corps at that institution (or any subelement of that
institution).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minority Business Development
Improvements Act of 2009''.

SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.

    The Director of the Minority Business Development Agency shall
establish the Minority Business Development Program (hereinafter in
this Act referred to as the ``Program'') to assist qualified minority
businesses. The Program shall provide to such businesses the following:
            (1) Technical assistance.
            (2) Loan guarantees.
            (3) Contract procurement assistance.

SEC. 3. QUALIFIED MINORITY BUSINESS.

    (a) Certification.--For purposes of the Program, the Director may
certify as a qualified minority business any entity that satisfies each
of the following:
            (1) Not less than 51 percent of the entity is directly and
        unconditionally owned or controlled by historically
        disadvantaged individuals.
            (2) Each officer or other individual who exercises control
        over the regular operations of the entity is a historically
        disadvantaged individual.
            (3) The net worth of each principal of the entity is not
        greater than $2,000,000. (The equity of a disadvantaged owner
        in a primary personal residence shall be considered in this
        calculation.)
            (4) The principal place of business of the entity is in the
        United States.
            (5) Each principal of the entity maintains good character
        in the determination of the Director.
            (6) The entity engages in competitive and bona fide
        commercial business operations in not less than one sector of
        industry that has a North American Industry Classification
        System code.
            (7) The entity submits reports to the Director at such
        time, in such form, and containing such information as the
        Director may require.
            (8) Any additional requirements that the Director
        determines appropriate.
    (b) Term of Certification.--A certification under this section
shall be for a term of 5 years and may not be renewed.

SEC. 4. TECHNICAL ASSISTANCE.

    (a) In General.--In carrying out the Program, the Director may
provide to qualified minority businesses technical assistance with
regard to the following:
            (1) Writing business plans.
            (2) Marketing.
            (3) Management.
            (4) Securing sufficient financing for business operations.
    (b) Contract Authority.--The Director may enter into agreements
with persons to provide technical assistance under this section.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 to the Director to carry out this section.
Such sums shall remain available until expended.

SEC. 5. LOAN GUARANTEES.

    (a) In General.--Subject to subsection (b), the Director may
guarantee up to 90 percent of the amount of a loan made to a qualified
minority business to be used for business purposes, including the
following:
            (1) Purchasing essential equipment.
            (2) Payroll expenses.
            (3) Purchasing facilities.
            (4) Renovating facilities.
    (b) Terms and Conditions.--
            (1) In general.--The Director may make guarantees under
        this section for projects on such terms and conditions as the
        Director determines appropriate, after consultation with the
        Secretary of the Treasury, in accordance with this section.
            (2) Repayment.--No guarantee shall be made under this
        section unless the Director determines that there is reasonable
        prospect of repayment of the principal and interest on the
        obligation by the borrower.
            (3) Defaults.--
                    (A) Payment by director.--
                            (i) In general.--If a borrower defaults on
                        the obligation (as defined in regulations
                        promulgated by the Director and specified in
                        the guarantee contract), the holder of the
                        guarantee shall have the right to demand
                        payment of the unpaid amount from the Director.
                            (ii) Payment required.--Within such period
                        as may be specified in the guarantee or related
                        agreements, the Director shall pay to the
                        holder of the guarantee the unpaid interest on,
                        and unpaid principal of the obligation as to
                        which the borrower has defaulted, unless the
                        Director finds that there was no default by the
                        borrower in the payment of interest or
                        principal or that the default has been
                        remedied.
                            (iii) Forbearance.--Nothing in this
                        paragraph precludes any forbearance by the
                        holder of the obligation for the benefit of the
                        borrower which may be agreed upon by the
                        parties to the obligation and approved by the
                        Director.
                    (B) Subrogation.--
                            (i) In general.--If the Director makes a
                        payment under subparagraph (A), the Director
                        shall be subrogated to the rights of the
                        recipient of the payment as specified in the
                        guarantee or related agreements including,
                        where appropriate, the authority
                        (notwithstanding any other provision of law)
                        to--
                                    (I) complete, maintain, operate,
                                lease, or otherwise dispose of any
                                property acquired pursuant to such
                                guarantee or related agreements; or
                                    (II) permit the borrower, pursuant
                                to an agreement with the Director, to
                                continue to pursue the purposes of the
                                project if the Director determines this
                                to be in the public interest.
                            (ii) Superiority of rights.--The rights of
                        the Director, with respect to any property
                        acquired pursuant to a guarantee or related
                        agreements, shall be superior to the rights of
                        any other person with respect to the property.
                            (iii) Terms and conditions.--A guarantee
                        agreement shall include such detailed terms and
                        conditions as the Director determines
                        appropriate to--
                                    (I) protect the interests of the
                                United States in the case of default;
                                and
                                    (II) have available all the patents
                                and technology necessary for any person
                                selected, including the Director, to
                                complete and operate the project.
                    (C) Payment of principal and interest by
                director.--With respect to any obligation guaranteed
                under this section, the Director may enter into a
                contract to pay, and pay, holders of the obligation,
                for and on behalf of the borrower, from funds
                appropriated for that purpose, the principal and
                interest payments which become due and payable on the
                unpaid balance of the obligation if the Director finds
                that--
                            (i)(I) the borrower is unable to meet the
                        payments and is not in default;
                                    (II) it is in the public interest
                                to permit the borrower to continue to
                                pursue the purposes of the project; and
                                    (III) the probable net benefit to
                                the Federal Government in paying the
                                principal and interest will be greater
                                than that which would result in the
                                event of a default;
                            (ii) the amount of the payment that the
                        Director is authorized to pay shall be no
                        greater than the amount of principal and
                        interest that the borrower is obligated to pay
                        under the agreement being guaranteed; and
                            (iii) the borrower agrees to reimburse the
                        Director for the payment (including interest)
                        on terms and conditions that are satisfactory
                        to the Director.
                    (D) Action by attorney general.--
                            (i) Notification.--If the borrower defaults
                        on an obligation, the Director shall notify the
                        Attorney General of the default.
                            (ii) Recovery.--On notification, the
                        Attorney General shall take such action as is
                        appropriate to recover the unpaid principal and
                        interest due from--
                                    (I) such assets of the defaulting
                                borrower as are associated with the
                                obligation; or
                                    (II) any other security pledged to
                                secure the obligation.
            (4) Fees.--
                    (A) In general.--The Director shall charge and
                collect fees for guarantees in amounts the Director
                determines are sufficient to cover applicable
                administrative expenses, not to exceed 1 percent of the
                amount guaranteed.
                    (B) Availability.--Fees collected under this
                paragraph shall--
                            (i) be deposited by the Director into the
                        Treasury; and
                            (ii) remain available until expended,
                        subject to such other conditions as are
                        contained in annual appropriations Acts.
    (c) Credit Requirements.--To receive a loan guaranteed under this
section a qualified minority business shall--
            (1) be in good standing with regard to the credit of that
        business in the determination of the Director;
            (2) have received technical assistance under section 4; and
            (3) submit reports, at such time, in such form, and
        containing such information as the Director may require
        regarding the credit of the business.
    (d) Limits on Guarantee Amounts.--
            (1) Maximum amount of guarantee.--The Director may
        guarantee not more than $450,000 of any loan under this
        section.
            (2) Maximum gross loan amount.--A loan guaranteed under
        this section may not be for a gross loan amount in excess of
        $500,000.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated to the Director not more than $500,000,000 to carry out
this section during fiscal years 2011 through 2016.

SEC. 6. SET-ASIDE CONTRACTING OPPORTUNITIES.

    (a) In General.--The Director may enter into agreements with the
United States Government and any department, agency, or officer thereof
having procurement powers for purposes of providing for the fulfillment
of procurement contracts and providing opportunities for qualified
minority businesses with regard to such contracts.
    (b) Qualifications on Participation.--The Director shall by rule
establish requirements for participation under this section by a
qualified minority business in a contract.
    (c) Annual Limit on Number of Contracts Per Qualified Minority
Business.--A qualified minority business may not participate under this
section in contracts in an amount that exceeds $10,000,000 for goods
and services each fiscal year.
    (d) Limits on Contract Amounts.--
            (1) Goods and services.--Except as provided in paragraph
        (2), a contract for goods and services under this section may
        not exceed $6,000,000.
            (2) Manufacturing and construction.--A contract for
        manufacturing and construction services under this section may
        not exceed $10,000,000.

SEC. 7. TERMINATION FROM THE PROGRAM.

    The Director may terminate a qualified minority business from the
Program for any violation of a requirement of sections 3 through 6 of
this Act by that qualified minority business, including the following:
            (1) Conduct by a principal of the qualified minority
        business that indicates a lack of business integrity.
            (2) Willful failure to comply with applicable labor
        standards and obligations.
            (3) Consistent failure to tender adequate performance with
        regard to contracts under the Program.
            (4) Failure to obtain and maintain relevant certifications.
            (5) Failure to pay outstanding obligations owed to the
        Federal Government.

SEC. 8. REPORTS.

    (a) Report of the Director.--Not later than October 1, 2011, and
annually thereafter, the Director shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
describing the activities of the Director during the preceding year
with respect to the Program.
    (b) Report of the Secretary of Commerce.--Not later than October 1,
2011, and annually thereafter, the Secretary of Commerce shall submit
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report describing the activities the Secretary engaged in
during the preceding year to build wealth among historically
disadvantaged individuals.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) The term ``historically disadvantaged individual''
        means any individual who is a member of a group that is
        designated as eligible to receive assistance under section
        1400.1 of title 15 of the Code of Federal Regulations, as in
        effect on January 1, 2009.
            (2) The term ``principal'' means any person that the
        Director determines to exercise significant control over the
        regular operations of a business entity.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minority Business Development
Improvements Act of 2010''.

SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.

    The Director of the Minority Business Development Agency shall
establish the Minority Business Development Program (in this Act
referred to as the ``Program'') to assist qualified minority
businesses. The Program shall provide to such businesses the following:
            (1) Technical assistance.
            (2) Contract procurement assistance.

SEC. 3. QUALIFIED MINORITY BUSINESS.

    (a) Certification.--For purposes of the Program, the Director may
certify as a qualified minority business any entity that satisfies each
of the following:
            (1) Not less than 51 percent of the entity is directly and
        unconditionally owned or controlled by historically
        disadvantaged individuals.
            (2) Each officer or other individual who exercises control
        over the regular operations of the entity is a historically
        disadvantaged individual.
            (3) The net worth of each principal of the entity is not
        greater than $2,000,000. (The equity of a disadvantaged owner
        in a primary personal residence shall be considered in this
        calculation.)
            (4) The principal place of business of the entity is in the
        United States.
            (5) Each principal of the entity maintains good character
        in the determination of the Director.
            (6) The entity engages in competitive and bona fide
        commercial business operations in not less than one sector of
        industry that has a North American Industry Classification
        System code.
            (7) The entity submits reports to the Director at such
        time, in such form, and containing such information as the
        Director may require.
            (8) Any additional requirements that the Director
        determines appropriate.
    (b) Term of Certification.--A certification under this section
shall be for a term of 5 years and may not be renewed.

SEC. 4. TECHNICAL ASSISTANCE.

    (a) In General.--In carrying out the Program, the Director may
provide to qualified minority businesses technical assistance with
regard to the following:
            (1) Writing business plans.
            (2) Marketing.
            (3) Management.
            (4) Securing sufficient financing for business operations.
    (b) Contract Authority.--The Director may enter into agreements
with persons to provide technical assistance under this section.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 to the Director to carry out this section.
Such sums shall remain available until expended.

SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.

    (a) In General.--The Director may enter into agreements with the
United States Government and any department, agency, or officer thereof
having procurement powers for purposes of providing for the fulfillment
of procurement contracts and providing opportunities for qualified
minority businesses with regard to such contracts.
    (b) Qualifications on Participation.--The Director shall by rule
establish requirements for participation under this section by a
qualified minority business in a contract.
    (c) Annual Limit on Number of Contracts Per Qualified Minority
Business.--A qualified minority business may not participate under this
section in contracts in an amount that exceeds $10,000,000 for goods
and services each fiscal year.
    (d) Limits on Contract Amounts.--
            (1) Goods and services.--Except as provided in paragraph
        (2), a contract for goods and services under this section may
        not exceed $6,000,000.
            (2) Manufacturing and construction.--A contract for
        manufacturing and construction services under this section may
        not exceed $10,000,000.

SEC. 6. TERMINATION FROM THE PROGRAM.

    The Director may terminate a qualified minority business from the
Program for any violation of a requirement of sections 3 through 5 of
this Act by that qualified minority business, including the following:
            (1) Conduct by a principal of the qualified minority
        business that indicates a lack of business integrity.
            (2) Willful failure to comply with applicable labor
        standards and obligations.
            (3) Consistent failure to tender adequate performance with
        regard to contracts under the Program.
            (4) Failure to obtain and maintain relevant certifications.
            (5) Failure to pay outstanding obligations owed to the
        Federal Government.

SEC. 7. REPORTS.

    (a) Report of the Director.--Not later than October 1, 2011, and
annually thereafter, the Director shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
describing the activities of the Director during the preceding year
with respect to the Program.
    (b) Report of the Secretary of Commerce.--Not later than October 1,
2011, and annually thereafter, the Secretary of Commerce shall submit
to the Committee on Energy and Commerce of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate a report describing the activities the Secretary engaged in
during the preceding year to build wealth among historically
disadvantaged individuals.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Historically disadvantaged individual.--The term
        ``historically disadvantaged individual'' means any individual
        who is a member of a group that is designated as eligible to
        receive assistance under section 1400.1 of title 15, Code of
        Federal Regulations, as in effect on January 1, 2009.
            (2) Principal.--The term ``principal'' means any person
        that the Director determines exercises significant control over
        the regular operations of a business entity.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Minuteman Missile National Historic
Site Establishment Act of 1998''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Minuteman II intercontinental ballistic missile
        (hereinafter referred to as ``ICBM'') launch control facility
        and launch facility known as ``Delta 1'' and ``Delta 9'',
        respectively, have national significance as the best preserved
        examples of the operational character of American history
        during the Cold War;
            (2) the facilities are symbolic of the dedication and
        preparedness exhibited by the missileers of the Air Force
        stationed throughout the upper Great Plains in remote and
        forbidding locations during the Cold War;
            (3) the facilities provide a unique opportunity to
        illustrate the history and significance of the Cold War, the
        arms race, and ICBM development; and
            (4) the National Park System does not contain a unit that
        specifically commemorates or interprets the Cold War.
    (b) Purposes.--The purposes of this Act are--
            (1) to preserve, protect, and interpret for the benefit and
        enjoyment of present and future generations the structures
        associated with the Minuteman II missile defense system;
            (2) to interpret the historical role of the Minuteman II
        missile defense system in the broader context of the Cold War
        and the role of the system as a key component of America's
        strategic commitment to preserve world peace; and
            (3) to complement the interpretive programs relating to the
        Minuteman II missile defense system offered by the South Dakota
        Air and Space Museum at Ellsworth Air Force Base.

SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.

    (a) Establishment.--(1) The Minuteman Missile National Historic
Site in the State of South Dakota (hereinafter referred to as the
``historic site'') is hereby established as a unit of the National Park
System. The historic site shall consist of lands and interests therein
comprising the following Minuteman II ICBM launch control facilities,
as generally depicted on the map referred to as ``Minuteman Missile
National Historic Site'', numbered 406/80,008 and dated September,
1998:
            (A) An area surrounding the Minuteman II ICBM launch
        control facility depicted as ``Delta 1 Launch Control
        Facility''.
            (B) An area surrounding the Minuteman II ICBM launch
        control facility depicted as ``Delta 9 Launch Facility''.
    (2) The map described in paragraph (1) shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
    (3) The Secretary of the Interior (hereinafter referred to as the
``Secretary'') is authorized to make minor adjustments to the boundary
of the historic site.
    (b) Administration of Historic Site.--The Secretary shall
administer the historic site in accordance with this Act and laws
generally applicable to units of the National Park System, including
the Act of August 25, 1916 (16 U.S.C. 1, 2-4) and the Act of August 21,
1935 (16 U.S.C. 461-467).
    (c) Coordination With Secretary of Defense.--The Secretary shall
consult with the Secretary of Defense and the Secretary of State, as
appropriate, to ensure that administration of the historic site is in
compliance with applicable treaties.
    (d) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with appropriate public and private entities and
individuals in furtherance of the purposes of this Act.
    (e) Land Acquisition.--(1) Except as provided in paragraph (2), the
Secretary is authorized to acquire lands and interests therein within
the boundaries of the historic site by donation, purchase with donated
or appropriated funds, exchange or transfer from another Federal
agency: Provided, That lands or interests therein owned by the State of
South Dakota may only be acquired by donation or exchange.
    (2) The Secretary shall not acquire any lands pursuant to this Act
if the Secretary determines that such lands, or any portion thereof,
are contaminated with hazardous substances (as defined in the
Comprehensive Environmental Response, Compensation and Liability Act
(42 U.S.C. 9601)), unless all remedial action necessary to protect
human health and the environment has been taken pursuant to such Act.
    (f) General Management Plan.--(1) Within three years after the date
funds are made available, the Secretary shall prepare a general
management plan for the historic site.
    (2) The plan shall include an evaluation of an appropriate location
for a visitor facility and administrative site within the areas
depicted as ``Support Facility Study Area--Alternative A'' or ``Support
Facility Study Area--Alternative B'' on the map referred to in
subsection (a). Upon a determination by the Secretary of the
appropriate location for such facilities, the boundaries of the
historic site shall be modified to include the selected site.
    (3) In developing the plan, the Secretary shall consider
coordinating or consolidating appropriate administrative, management,
and personnel functions with Badlands National Park.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated such sums
as may be necessary to carry out this Act.
    (b) Air Force Funds.--The Secretary of the Air Force shall transfer
to the Secretary any funds specifically appropriated to the Air Force
for the maintenance, protection, or preservation of the facilities
described in section 3. Such funds shall be used by the Secretary for
establishing, operating, and maintaining the historic site.
    (c) Legacy Resource Management Program.--Nothing in this Act
affects the use of any funds available for the Legacy Resource
Management Program being carried out by the Air Force that, before the
date of enactment of this Act, were directed to be used for resource
preservation and treaty compliance.

            Passed the Senate October 7 (legislative day, October 2),
      1998.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mobile Workforce State Income Tax
Fairness and Simplification Act''.

SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE
              INCOME.

    (a) In General.--No part of the wages or other remuneration earned
by an employee who performs employment duties in more than one State
shall be subject to income tax in any State other than--
            (1) the State of the employee's residence; and
            (2) the State within which the employee is present and
        performing employment duties for more than 30 days during the
        calendar year in which the income is earned.
    (b) Wages or Other Remuneration.--Wages or other remuneration
earned in any calendar year are not subject to State income tax
withholding and reporting unless the employee is subject to income tax
under subsection (a). Income tax withholding and reporting under
subsection (a)(2) shall apply to wages or other remuneration earned as
of the commencement date of duties in the State during the calendar
year.
    (c) Operating Rules.--For purposes of determining an employer's
State income tax withholding and information return obligations--
            (1) an employer may rely on an employee's determination of
        the time expected to be spent by such employee in the States in
        which the employee will perform duties absent--
                    (A) actual knowledge of fraud by the employee in
                making the estimate; or
                    (B) collusion between the employer and the employee
                to evade tax;
            (2) if records are maintained by an employer recording the
        location of an employee for other business purposes, such
        records shall not preclude an employer's ability to rely on an
        employee's determination as set forth in paragraph (1); and
            (3) notwithstanding paragraph (2), if an employer, at its
        sole discretion, maintains a time and attendance system which
        tracks where the employee performs duties on a daily basis,
        data from the time and attendance system shall be used instead
        of the employee's determination as set forth in paragraph (1).
    (d) Definitions and Special Rules.--For purposes of this Act:
            (1) Day.--
                    (A) An employee will be considered present and
                performing employment duties within a State for a day
                if the employee performs the preponderance of the
                employee's employment duties within such State for such
                day.
                    (B) Notwithstanding subsection (d)(1)(A), if an
                employee performs material employment duties in a
                resident state and one nonresident state during one
                day, such employee will be considered to have performed
                the preponderance of the employee's employment duties
                in the nonresident state for such day.
                    (C) For purposes of subsection (d)(1), the portion
                of the day the employee is in transit shall not apply
                in determining the location of an employee's
                performance of employment duties.
            (2) Employee.--The term ``employee'' shall be defined by
        the State in which the duties are performed, except that the
        term ``employee'' shall not include a professional athlete,
        professional entertainer, or certain public figures.
            (3) Professional athlete.--The term ``professional
        athlete'' means a person who performs services in a
        professional athletic event, provided that the wages or other
        remuneration are paid to such person for performing services in
        his or her capacity as a professional athlete.
            (4) Professional entertainer.--The term ``professional
        entertainer'' means a person who performs services in the
        professional performing arts for wages or other remuneration on
        a per-event basis, provided that the wages or other
        remuneration are paid to such person for performing services in
        his or her capacity as a professional entertainer.
            (5) Certain public figures.--The term ``certain public
        figures'' means persons of prominence who perform services for
        wages or other remuneration on a per-event basis, provided that
        the wages or other remuneration are paid to such person for
        services provided at a discrete event in the form of a speech,
        similar presentation or personal appearance.
            (6) Employer.--The term ``employer'' has the meaning given
        such term in section 3401(d) of the Internal Revenue Code of
        1986 (26 U.S.C. 3401(d)) or shall be defined by the State in
        which the duties are performed.
            (7) State.--The term ``State'' means each of the several
        States of the United States.
            (8) Time and attendance system.--The term ``time and
        attendance system'' means a system where the employee is
        required on a contemporaneous basis to record his work location
        for every day worked outside of the state in which the
        employee's duties are primarily preformed and the employer uses
        this data to allocate the employee's wages between all taxing
        jurisdictions in which the employee performs duties.
            (9) Wages or other remuneration.--The term ``wages or other
        remuneration'' shall be defined by the State in which the
        employment duties are performed.

SEC. 3. EFFECTIVE DATE.

    This Act shall be effective on January 1, 2011.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Montana Fish and Wildlife
Conservation Act of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) it is in the interest of the United States for the
        Secretary of the Interior to sell leaseholds at Canyon Ferry
        Reservoir in the State of Montana for fair market value if the
        proceeds from the sale are used--
                    (A) to establish a trust to provide a permanent
                source of funding to acquire access or other property
                interests from willing sellers to conserve fish and
                wildlife and to enhance public hunting and fishing
                opportunities at the Reservoir and along the Missouri
                River;
                    (B) to establish a fund to be used to acquire
                access or other property interests from willing sellers
                to increase public access to Federal land in the State
                of Montana and to enhance hunting and fishing
                opportunities; and
                    (C) to reduce the Pick-Sloan project debt for the
                Canyon Ferry Unit;
            (2) existing trusts in the State of Montana, including the
        Rock Creek Trust and the Montana Power Company Missouri-Madison
        Trust, have provided substantial public benefits by conserving
        fish and wildlife and by enhancing public hunting and fishing
        opportunities in the State of Montana;
            (3) many Federal lands in the State of Montana do not have
        suitable public access, and establishing a fund to acquire
        easements to those lands from willing sellers would enhance
        public hunting and fishing opportunities in the State of
        Montana;
            (4) the sale of the leaseholds at the Reservoir will reduce
        Federal payments in lieu of taxes and associated management
        expenditures in connection with the ownership by the Federal
        Government of the leaseholds while increasing local tax
        revenues from the new owners of the leased lots; and
            (5) the sale of the leaseholds at the Reservoir will reduce
        expensive and contentious disputes between the Federal
        Government and leaseholders, while ensuring that the Federal
        Government receives full and fair value for the acquisition of
        the property.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) CFRA.--The term ``CFRA'' means the Canyon Ferry
        Recreation Association, Incorporated, a Montana corporation.
            (2) Fund.--The term ``Fund'' means the Montana Hunter and
        Fisherman Access Fund established under section 6(a).
            (3) Lessee.--The term ``lessee'' means the holder of a
        leasehold described in section 4(b) as of the date of enactment
        of this Act, and the holder's heirs, executors, and assigns of
        the holder's leasehold interest.
            (4) Purchaser.--The term ``Purchaser'' means the person or
        entity that purchases the 265 leaseholds under section 4.
            (5) Reservoir.--The term ``Reservoir'' means the Canyon
        Ferry Reservoir in the State of Montana.
            (6) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (7) Trust.--The term ``Trust'' means the Canyon Ferry-
        Missouri River Trust established under section 5(a).

SEC. 4. SALE OF LEASEHOLDS.

    (a) In General.--Subject to subsection (c) and notwithstanding any
other provision of law, the Secretary shall sell at fair market value--
            (1) all right, title, and interest of the United States in
        and to all (but not fewer than all) of the leaseholds described
        in subsection (b), subject to valid existing rights; and
            (2) easements for--
                    (A) vehicular access to each leasehold;
                    (B) access to and the use of 1 dock per leasehold;
                and
                    (C) access to and the use of all boathouses, ramps,
                retaining walls, and other improvements for which
                access is provided in the leases as of the date of this
                Act.
    (b) Description of Leaseholds.--
            (1) In general.--The leaseholds to be conveyed are--
                    (A) the 265 cabin sites of the Bureau of
                Reclamation located along the northern portion of the
                Reservoir in portions of sections 2, 11, 12, 13, 15,
                22, 23, and 26, Township 10 North, Range 1 West; plus
                    (B) any small parcels contiguous to the leaseholds
                (not including shoreline property or property needed to
                provide public access to the shoreline of the
                Reservoir) that the Secretary determines should be
                conveyed in order to eliminate inholdings and
                facilitate administration of surrounding land remaining
                in Federal ownership.
            (2) Acreage; legal description.--The acreage and legal
        description of each property shall be agreed on by the
        Secretary and the Purchaser.
    (c) Purchase Process.--
            (1) In general.--The Secretary shall--
                    (A) solicit sealed bids for all of the leaseholds;
                and
                    (B) subject to paragraph (2), sell the leaseholds
                to the bidder that submits the highest bid above the
                minimum bid determined under paragraph (2).
            (2) Minimum bid.--Before accepting bids, the Secretary, in
        consultation with interested bidders, shall establish a minimum
        bid based on an appraisal of the fair market value of the
        leaseholds, exclusive of the value of private improvements made
        by the leaseholders before the date of the conveyance, by means
        of an appraisal conducted in accordance with the appraisal
        procedures used under Federal law, including, to the extent
        practicable, the procedures specified in sections 2201.3
        through 2201.3-5 of title 43, Code of Federal Regulations.
            (3) Right of first refusal.--If the highest bidder is other
        CFRA, CFRA shall have the right to match the highest bid and
        purchase the leaseholds at a price equal to the amount of that
        bid.
    (d) Conditions.--
            (1) Consideration.--As consideration for the conveyance
        under subsection (a), the Purchaser shall--
                    (A) contribute to the Trust the amount that is
                equal to 45 percent of the purchase price of the
                leaseholds;
                    (B) contribute to the Fund the amount that is equal
                to 45 percent of the purchase price of the leaseholds;
                and
                    (C) pay the Secretary for deposit in the Treasury
                of the United States an amount that is equal to 10
                percent of the purchase price of the leaseholds.
            (2) No charitable deduction.--The Purchaser, any owner,
        member, or other interest holder in the Purchaser, and any
        leaseholder shall not be entitled to a charitable deduction
        under the Internal Revenue Code of 1986 by reason of the making
        of the contribution under subparagraph (A) or (B) of paragraph
        (1).
            (3) Option to purchase.--
                    (A) In general.--The Purchaser shall give each
                leaseholder of record of a leasehold conveyed under
                this section an option to purchase the leasehold at
                fair market value.
                    (B) Nonpurchasing lessees.--
                            (i) Right to continue lease.--A lessee that
                        is unable or unwilling to purchase a property
                        shall be permitted to continue to lease the
                        property for fair market value rent under the
                        same terms and conditions as the existing
                        leases, including the right to renew the term
                        of the existing lease for 2 consecutive 5-year
                        terms.
                            (ii) Compensation for improvements.--If a
                        lessee declines to purchase a leasehold, the
                        Purchaser shall compensate the lessee for the
                        full market value of the improvements made to
                        the leasehold.
            (4) Historical use.--The Purchaser shall honor the existing
        property descriptions and historical use restrictions for the
        leaseholds, as determined by the Bureau of Reclamation.
    (e) Administrative Costs.--Any administrative cost incurred by the
Secretary incident to the conveyance under subsection (a) shall be
reimbursed by the Purchaser.

SEC. 5. CANYON FERRY-MISSOURI RIVER TRUST.

    (a) Establishment.--The Secretary shall encourage establishment of
a nonprofit charitable permanent perpetual trust, similar in structure
and purpose to the existing trusts referred to in section 1(2), to be
known as the ``Canyon Ferry-Missouri River Trust'', to provide a
permanent source of funding to acquire land and interests in land from
willing sellers at fair market value to conserve fish and wildlife,
enhance public hunting and fishing opportunities, and improve public
access at the Reservoir and along the Missouri River and its
tributaries from the confluence of the Madison River, Gallatin River,
and Jefferson River downstream to the Reservoir.
    (b) Board of Trustees.--
            (1) Membership.--The trust referred to in subsection (a)
        shall have a Board of Trustees consisting of 1 representative
        of each of--
                    (A) local agricultural landowners;
                    (B) a local hunting organization;
                    (C) a statewide hunting organization;
                    (D) a fisheries conservation organization; and
                    (E) a nonprofit land trust or environmental
                organization.
            (2) Consultation.--In managing the Trust, the Board of
        Directors shall consult with representatives of--
                    (A) the Bureau of Reclamation;
                    (B) the Forest Service;
                    (C) the Bureau of Land Management;
                    (D) the United States Fish and Wildlife Service;
                    (E) the Montana Department of Fish, Wildlife, and
                Parks;
                    (F) the Montana Science Institute at Canyon Ferry,
                Montana; and
                    (G) local governmental bodies (including the Lewis
                and Clark and Broadwater County Commissioners).
    (c) Use.--
            (1) Principal.--The principal amount of the Trust shall be
        inviolate.
            (2) Earnings.--Earnings on amounts in the Trust shall be
        used to carry out subsection (a) and to administer the Trust.
    (d) Management.--Land and interests in land acquired under this
section shall be managed for the purposes described in subsection (a).

SEC. 6. MONTANA HUNTER AND FISHERMAN ACCESS FUND.

    (a) Establishment.--There is established in the Treasury of the
United States an interest-bearing account, to be known as the ``Montana
Hunter and Fisherman Access Fund'', for the purpose of acquiring land
and interests in land in the State of Montana from willing sellers at
fair market value to--
            (1) improve public access to Federal land in the State of
        Montana for hunting or fishing; and
            (2) enhance public hunting and fishing opportunities in the
        State of Montana through the conservation of fish and wildlife.
    (b) Use.--
            (1) Principal.--The principal amount of the Fund shall be
        inviolate.
            (2) Earnings.--
                    (A) In general.--Earnings on amounts in the Fund
                shall be used to carry out subsection (a).
                    (B) Administration.--The earnings shall be used at
                the joint direction of--
                            (i) the Chief of the Forest Service;
                            (ii) the Director of the Bureau of Land
                        Management; and
                            (iii) the Director of the United States
                        Fish and Wildlife Service.
    (c) Management.--Land and interests in land acquired under this
section shall be managed for the purposes described in subsection (a).


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mortgage Disclosure Simplification
Act of 2007''.

SEC. 2. REQUIRED DISCLOSURES REGARDING LOAN TERMS.

    The Real Estate Settlement Procedures Act of 1974 is amended by
inserting after section 4 (12 U.S.C. 2603) the following new section:

``SEC. 4A. REQUIRED DISCLOSURES REGARDING LOAN TERMS.

    ``(a) Development.--The Secretary, in consultation with appropriate
Federal lending regulation agencies, shall develop and prescribe
standard written forms under subsection (c) for statement of the
essential terms of a federally related mortgage loan.
    ``(b) Requirement To Use.-- The Secretary shall require that--
            ``(1) the forms developed pursuant to subsection (a) be
        used in all transactions in the United States that involve
        federally related mortgage loans; and
            ``(2) that in any such a transaction--
                    ``(A) the form under subsection (c)(1) shall be
                appropriately and accurately completed by the lender or
                mortgage broker, or both; and
                    ``(B) the completed form under subsection (c)(1)
                shall be provided to the borrower, together with the
                form under subsection (c)(2), not later than three days
                after the application for the federally related
                mortgage loan is made.
    ``(c) Contents.--With respect to a federally related mortgage loan,
the standard written forms required under this subsection are as
follows:
            ``(1) Statement of loan terms.--A single page, written
        disclosure regarding the federally related mortgage loan that,
        when completed by the lender or mortgage broker, or both, sets
        forth, in accordance with such requirements as the Secretary
        shall by regulation establish--
                    ``(A) a best possible estimate of--
                            ``(i) the total loan amount under the
                        federally related mortgage loan;
                            ``(ii) the loan-to-value ratio for the
                        loan;
                            ``(iii) the final maturity date for the
                        loan;
                            ``(iv) the amount and due date for any
                        balloon payment under the loan;
                            ``(v) the amount of any prepayment fee to
                        be charged if the loan is paid in full before
                        the final maturity date for the loan;
                            ``(vi) the initial interest rate under the
                        loan expressed as an annual percentage rate,
                        and the amount of the monthly payment due under
                        such rate;
                            ``(vii) the duration during which such
                        initial interest rate will be charged;
                            ``(viii) the fully indexed rate of interest
                        under the loan expressed as an annual
                        percentage rate and the amount of the monthly
                        payment due under such rate;
                            ``(ix) the maximum possible rate of
                        interest under the loan expressed as an annual
                        percentage rate and the amount of the monthly
                        payment due under such rate;
                            ``(x) the monthly household income of the
                        borrower upon which the loan is based;
                            ``(xi) the amount of initial monthly
                        payment due under the loan, and the amount of
                        such initial monthly payment plus monthly
                        amounts due for taxes and insurance on the
                        property for which the loan is made, both
                        expressed as a percentage of the monthly
                        household income of the borrower;
                            ``(xii) the amount of the fully indexed
                        monthly payment due under the loan, and the
                        amount of such fully indexed monthly payment
                        plus monthly amounts due for taxes and
                        insurance on the property for which the loan is
                        made, both expressed as a percentage of the
                        monthly household income of the borrower;
                            ``(xiii) the aggregate amount of settlement
                        charges for all settlement services provided in
                        connection with the loan, the amount of such
                        charges that are included in the loan amount
                        and the amount of such charges the borrower
                        must pay at closing, the aggregate amount of
                        lender's fees connection with the loan, and the
                        aggregate amount of other fees or required
                        payments in connection with the loan; and
                            ``(xiv) the aggregate amount of fees paid
                        to the mortgage broker in connection with the
                        loan, the amount of such fees paid directly by
                        the borrower, and any additional amount
                        received by the broker from the lender based on
                        the interest rate of the loan (commonly
                        referred to as a yield spread premium);
                    ``(B) a name, telephone number, and electronic mail
                address that may be used by the borrower to obtain
                information regarding the loan; and
                    ``(C) a prominent statement that the amounts to be
                provided by the lender or mortgage broker, or both,
                under the federally related mortgage loan shall be
                subject to final underwriting of the loan.
            ``(2) Statement of definitions and explanations.--A two-
        page written disclosure that sets forth, in accordance with
        such requirements as the Secretary shall, by regulation,
        establish, basic easy-to-understand definitions or
        explanations, of terms relating to residential mortgage loans,
        including each of the following terms: appraised value, types
        of loans, initial interest rate, fully indexed rate of
        interest, maximum possible rate of interest, monthly household
        income, monthly loan payment including taxes and insurance,
        fully indexed housing expense ratio, prepayment fee, balloon
        payment, payment option loan, points, closing costs, settlement
        services, settlement charges, lender's fees, and mortgage
        broker.
    ``(d) Savings Clause.--Notwithstanding disclosure pursuant to
subsection (c)(1)(A) of best possible estimates of the information
required under such subsection with respect to a federally related
mortgage loan, the amounts to be provided by the lender or mortgage
broker, or both, under the loan shall be subject to final underwriting
of the loan.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Motor Donor Act''.

SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY.

    Part H of title III of the Public Health Service Act (42 U.S.C. 273
et seq.) is amended by inserting before section 371 the following:

               ``Subpart 1--National Organ Donor Registry

``SEC. 370. NATIONAL ORGAN DONOR REGISTRY.

    ``(a) Purposes.--The purposes of this subpart are--
            ``(1) to establish procedures that will increase the number
        of individuals who register their intent to be organ or tissue
        donors and to support State efforts to provide for donor
        designations through State motor vehicle driver's license
        application processes;
            ``(2) to make it possible for Federal and State governments
        to enhance the information received by individuals regarding
        organ or tissue donation;
            ``(3) to ensure that timely and accurate information
        regarding an individual's wishes regarding organ and tissue
        donation is made available; and
            ``(4) to provide grants to States to establish organ and
        tissue donor registries through State motor vehicle driver's
        license application processes and linkages to the National
        Registry.
    ``(b) Definitions.--In this subpart:
            ``(1) Motor vehicle driver's license.--The term `motor
        vehicle driver's license' means any personal identification
        document issued by a State motor vehicle authority.
            ``(2) State.--The term `State' means each of the 50 States
        and the District of Columbia.
    ``(c) Establishment of Registry.--
            ``(1) In general.--The Secretary shall establish and
        maintain a national organ and tissue donor registry (referred
        to in this section as the `Registry').
            ``(2) Database.--The Registry shall consist of a database
        of information listing individuals who have expressed an intent
        to be organ or tissue donors. The information for each
        individual shall include such individual's name, address, date
        of birth, sex, height, and eye color, and a Registry
        identification number assigned by the Secretary.
    ``(d) Coordination With States and Organ Procurement
Organizations.--
            ``(1) States.--
                    ``(A) Initial 2-year period.--The Secretary, during
                the 2-year period after the date of enactment of the
                Motor Donor Act, shall--
                            ``(i) coordinate activities with States
                        that have organ and tissue donor registries
                        operated through a State agency to share
                        existing data; and
                            ``(ii) provide links between the Registry
                        and such State agencies on an ongoing basis.
                    ``(B) Initial 4-year period.--The Secretary, during
                the 4-year period after the date of enactment of the
                Motor Donor Act, shall coordinate activities with
                States to promote and encourage the establishment of
                organ and tissue donor registries through the motor
                vehicle driver's license process.
            ``(2) Organ procurement organizations.--The Secretary shall
        provide to each organ procurement organization within the
        United States a means by which the organization may promptly
        access the Registry 24-hours a day using a password assigned to
        the organization by the Secretary. In order to obtain such a
        password, each such procurement organization shall designate
        staff members within the organization to receive the password
        and to access the Registry.
    ``(e) Website.--
            ``(1) In general.--The Secretary, not later than 3 years
        following the date of enactment of the Motor Donor Act, shall
        disseminate to all United States citizens who reside within the
        United States and who filed a Federal income tax return with
        the Internal Revenue Service during the prior year, a pamphlet
        that contains information about organ and tissue donations and
        that includes an address for a website where individuals may
        elect to participate in the Registry.
            ``(2) Notification.--Within 4 months after an individual
        elects to participate in the Registry through the website, the
        Secretary shall notify such individual concerning the
        individual's participation in the Registry.
    ``(f) Limitations.--
            ``(1) Organ allocation.--Participation in the Registry
        shall not affect organ or tissue allocation. Standard State and
        national practices that determine the appropriate procurement
        organization for obtaining consent for an individual's organ or
        tissue donation shall continue to apply to such determinations.
            ``(2) Registry of intent.--The Registry shall be considered
        a registry only of an individual's intent to serve as an organ
or tissue donor. Participation in the Registry shall not be deemed to
be the provision of legally binding consent for organ or tissue
donation except as provided by State law.
            ``(3) Request to cancel participation.--Individuals who
        elect to participate in the Registry shall have the right to
        cancel such participation at any time. The Secretary shall
        notify individuals who elect to participate in the Registry of
        their right to cancel such participation and the procedure for
        canceling such participation. The Secretary shall promptly
        remove from the Registry information concerning any individual
        who cancels participation in the Registry.
    ``(g) Grants to States.--
            ``(1) In general.--The Secretary is authorized to award
        grants to States that have applications approved under
        paragraph (2) to enable such States to plan and implement State
        registries associated with the motor vehicle driver's license
        application process and to provide for linkages with the
        Registry.
            ``(2) Applications.--
                    ``(A) In general.--Each State desiring a grant
                under this subsection shall submit an application to
                the Secretary at such time, in such manner, and
                containing such information as the Secretary may
                require.
                    ``(B) State procedure.--Each application submitted
                under subparagraph (A) shall demonstrate how the State
                will establish procedures to allow an individual to
                make a legally binding gift regarding organ and tissue
                donation by application or by designation made
                simultaneously with an application for a motor vehicle
                driver's license.
                    ``(C) Assurances.--Each application submitted under
                subparagraph (A) shall contain assurances that the
                State procedures described in subparagraph (B) will
                comply with the following requirements:
                            ``(i) License application.--The State
                        procedures shall include a process whereby each
                        State motor vehicle driver's license
                        application (including any renewal application)
                        that is submitted to the appropriate State
                        motor vehicle authority under State law
                        provides the individual submitting the
                        application with the option of designating the
                        individual's intent to be an organ and tissue
                        donor.
                            ``(ii) Donor designation.--The State
                        procedures shall provide that the application
                        described in clause (i) shall contain the
                        question, `Do you wish to have the organ donor
                        designation in the State registry?' or, if the
                        State agency process provides, `Do you wish to
                        have the organ donor designation on your
                        driver's license?'.
                            ``(iii) Affirmative response.--The State
                        procedures shall provide that only those
                        individuals who answer affirmatively to the
                        question described in clause (ii) shall have
                        their organ donor preference noted in the State
                        registry or, if applicable, on their motor
                        vehicle driver's license.
                            ``(iv) Forwarding of information.--The
                        State procedures shall provide that the State
                        shall forward to the Registry the names of
                        those individuals who answer affirmatively to
                        the question described in clause (ii), that
                        such information shall be forwarded not later
                        than 100 days after the date of designation,
                        and that any change in designation or change of
                        address information shall also be forwarded to
                        the Registry.
                            ``(v) Negative response.--The State
                        procedures shall provide that the name of any
                        individual who chooses not to have the organ
                        donor designation included in the State
                        registry or, if applicable, on the individual's
                        driver's license will not be forwarded to the
                        Registry.
                            ``(vi) Access by organ procurement
                        organization.--The State procedures shall
                        provide that the information regarding an
                        individual who answers affirmatively to the
                        question described in clause (ii) shall be
                        recorded in the individual's computer record
                        with the appropriate State agency. The State
                        agency shall provide 24-hour a day access to
                        such donor information to organ procurement
                        organizations, and the organ procurement
                        organizations shall not be assessed a fee or
                        other charge for such access.
            ``(3) Priority.--The Secretary shall give priority in
        awarding grants under this subsection to States that submit
        applications demonstrating that the State has collaborated with
        organ procurement organizations serving the State.
            ``(4) Limitation.--No grant awarded under this subsection
        to any one State shall exceed $300,000.
    ``(h) Advisory Task Force.--
            ``(1) In general.--There is established an advisory task
        force on organ and tissue donation (referred to in this
        subsection as the `Task Force').
            ``(2) Membership.--
                    ``(A) Members.--
                            ``(i) In general.--The Task Force shall
                        consist of 5 members, who shall be appointed by
                        the Secretary.
                            ``(ii) Qualifications.--
                                    ``(I) In general.--The Secretary
                                shall appoint members of the Task Force
                                based upon their experience with organ
                                or tissue donations, organ procurement,
                                or organ transplants.
                                    ``(II) Special experience.--At
                                least 1 member of the Task Force shall
                                be a physician with experience in
                                performing organ transplants, and
at least 1 member of the Task Force shall have experience in organ
procurement.
                    ``(B) Term.--
                            ``(i) In general.--Except as provided in
                        this subparagraph, each member of the Task
                        Force shall be appointed for a term of 3 years.
                        Members of the Task Force may be reappointed.
                            ``(ii) Staggered terms.--As so designated
                        by the Secretary at the time of appointment,
                        the terms of two of the initial members shall
                        expire at the end of 2 years.
                    ``(C) Vacancies.--Any vacancy in the Task Force
                shall not affect the Task Force's powers but shall be
                filled in the same manner as the original appointment.
            ``(3) Functions.--
                    ``(A) Partnership.--The Task Force shall offer to
                enter into a partnership with the Coalition on Donation
                (a national membership organization with the sole
                purpose of increasing organ and tissue donations) to
                incorporate into the Coalition's national awareness
                campaign an outreach and awareness campaign for the
                Registry.
                    ``(B) Report.--Not later than 1 year after the date
                of enactment of the Motor Donor Act, the Task Force
                shall conduct a study concerning, and submit to the
                Secretary a report containing, recommendations for
                improving the Registry, increasing public awareness
                about organ and tissue donation, and improving the
                organ and tissue donation process.
            ``(4) Administration.--
                    ``(A) Personnel.--
                            ``(i) Travel expenses.--The members of the
                        Task Force shall not receive compensation for
                        the performance of services for the Task Force,
                        but shall be allowed travel expenses, including
                        per diem in lieu of subsistence, at rates
                        authorized for employees of agencies under
                        subchapter I of chapter 57 of title 5, United
                        States Code, while away from their homes or
                        regular places of business in the performance
                        of services for the Task Force. Notwithstanding
                        section 1342 of title 31, United States Code,
                        the Secretary may accept the voluntary and
                        uncompensated services of members of the Task
                        Force.
                            ``(ii) Detail of government employees.--Any
                        Federal Government employee may be detailed to
                        the Task Force without reimbursement, and such
                        detail shall be without interruption or loss of
                        civil service status or privilege.
                    ``(B) Administrative support.--The Department of
                Health and Human Services shall provide necessary and
                appropriate administrative support to the Task Force.
            ``(5) Permanent committee.--Section 14 of the Federal
        Advisory Committee Act (5 U.S.C. App.) shall not apply to the
        Task Force.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--
                    ``(A) Registry and grants.--There is authorized to
                be appropriated to carry out this section, other than
                subsection (h)(3), such sums as may be necessary for
                each of fiscal years 2002 through 2006.
                    ``(B) Awareness campaign.--There is authorized to
                be appropriated to carry out subsection (h)(3),
                $3,000,000 for each of fiscal years 2002 through 2006.
            ``(2) Availability.--Any amounts appropriated pursuant to
        paragraph (1) shall remain available until expended.

                   ``Subpart 2--Organ Procurement''.

SEC. 3. AMENDMENT OF INTERNAL REVENUE CODE.

    Section 6103(m) of the Internal Revenue Code of 1986 (relating to
disclosure of taxpayer identity information) is amended by adding at
the end the following:
            ``(18) Disclosure of taxpayer identification to carry out
        organ donor program.--
                    ``(A) In general.--The Secretary may, upon written
                request from the Secretary of Health and Human
                Services, disclose to officers and employees of the
                Department of Health and Human Services the name and
                address of each individual filing a return of tax under
                section 6012 for the previous taxable year.
                    ``(B) Restriction on use of disclosed
                information.--Return information disclosed under
                subparagraph (A) may be used by officers and employees
                of the Department of Health and Human Services only for
                the purposes of, and to the extent necessary in,
                carrying out the requirement to contact individuals
                regarding the national organ and tissue donor registry
                under section 370(c) of the Public Health Service
                Act.''.

SEC. 4. CONFORMING AMENDMENTS.

    Subpart 2 of part H of title III of the Public Health Service Act
(as so designated) (42 U.S.C. 273 et seq.) is amended in sections
374(a), 374(d), 375(1), and 378, by striking ``this part'' each place
it appears and inserting ``this subpart''.


SEC.   . STANDING FOR CERTAIN TAXPAYERS WITH REGARD TO SALE OF NET
              OPERATING LOSSES.

    (a) Subsection (c) of section 5021 of the Technical and
Miscellaneous Revenue Act of 1988 (Public Law 100-647) is amended to
read as follows:
    ``(c) Special Administrative Rules.--
            ``(1) Income included in native corporation return.--At the
        joint election of a Native Corporation and a corporation
        (referred to in this subsection (c) as the `buyer corporation')
        with which the Native Corporation entered into a transaction
        permitted under section 60(b)(5) of the Tax Reform Act of 1984
        and section 1804(e)(4) of the Tax Reform Act of 1986 (referred
        to in this subsection (c) as a `Native Corporation
        transaction'), income assigned, transferred or otherwise made
        available by the buyer corporation through the use of a
        corporation (referred to in this subsection (c) as the `profit
        subsidiary') by reason of such transaction for a period in
        which the profit subsidiary qualified as a member of the
        affiliated group of which the Native Corporation was the common
        parent shall be included in the taxable income of the Native
        Corporation affiliated group solely for purposes of section
        6212 of the Internal Revenue Code--
                    ``(A) Election.--The election under this subsection
                (c) for the taxable year to which the election relates
                shall be made no later than 120 days after the date of
                enactment of this amendment. The election shall be
                irrevocable and shall be made by filing with the
                district director for the Anchorage district office of
                the Internal Revenue Service a written statement signed
                by responsible officers of the Native Corporation and
                the electing buyer corporation that--
                            ``(i) identifies the Native Corporation,
                        the profit subsidiary, and the buyer
                        corporation (and their taxpayer identification
                        numbers) and states their agreement to make the
                        election provided in this subsection (c);
                            ``(ii) states the amount of income
                        assigned, transferred or otherwise made
                        available to the profit subsidiary for the
                        taxable year by reason of the Native
                        Corporation transaction;
                            ``(iii) if profit subsidiaries related to a
                        buyer corporation other than the electing buyer
                        corporation were members of the affiliated
                        group of which the Native Corporation was the
                        common parent, describes the order and the
                        amount of the losses and credits of the Native
                        Corporation affiliated group that were used to
                        offset the income of each profit subsidiary;
                            ``(iv) states the agreement of the buyer
                        corporation to consent under section 6501(c)(4)
                        of the Internal Revenue Code to extend the
                        periods of limitations for assessment and
                        collection solely with respect to the income of
                        the profit subsidiary for the affected taxable
                        period(s) to a date not less than 180 days
                        after the date the tax liability for the
                        taxable year in which the Native Corporation
                        transaction occurred is finally determined;
                            ``(v) states the agreement of the Native
                        Corporation to consent under section 6501(c)(4)
                        of the Internal Revenue Code to extend the
                        periods of limitations for assessment and
                        collection solely with respect to the income of
                        the profit subsidiary for the affected taxable
                        period(s) to a date not less than 120 days
                        after the date on which the Native Corporation
                        makes the election under this subsection; and
                            ``(vi) the Native Corporation and the buyer
                        corporation agree that the Service is
                        authorized to make any refund of any
                        overpayment that is determined to be due,
                        jointly to the Native Corporation and the
                        electing buyer corporation.
                If a Native Corporation has engaged in multiple Native
                Corporation transactions, such election shall be
                independently made by each buyer corporation on
                separate written statements. A buyer corporation that
                elects under this provision must so elect for all
                Native Corporation transactions with the particular
                Native Corporation with whom the election is made for
                which the statue of limitations for assessment is open.
                    ``(B) Taxable rate.--Notwithstanding section 11 of
                the Internal Revenue Code, any income of the profit
                subsidiary that is subject to the election provided in
                this subsection (c) shall be taxed at the rate that
                such income would have been taxed if it had been
                included in the return of the buyer corporation for the
                taxable year from which such income was assigned,
                transferred or otherwise made available. Solely for
                purposes of issuing a notice under section 6212 of the
                Internal Revenue Code to a Native Corporation for a
                Native Corporation transaction for which an election
                has been made under this subsection (c), the tax may be
                computed by applying the maximum corporate rate under
                section 11 of the Internal Revenue Code.
            ``(2) Treatment of native corporation as common parent as
        sole agent.--The common parent of an affiliated group which
        includes a Native Corporation that elects under subsection
        (c)(1) shall be the sole agent for the profit subsidiary for
        purposes of the Native Corporation transaction for the period
        of affiliation.
            ``(3) Collection of tax from buyer corporation.--For
        purposes of this subsection, the amount of any tax, interest,
        addition to tax, penalty or other amount attributable to the
        income of the profit subsidiary shall be paid by and be
        collectible from the profit subsidiary and the buyer
        corporation for the taxable year for which income was assigned,
        transferred or otherwise made available by the buyer
        corporation in connection with the Native Corporation
        transaction.
            ``(4) Payment of tax by native corporation.--If, after the
        election provided in subsection (c)(1) is made, the Native
        Corporation pays all or any part of the tax, interest, addition
        to tax, penalty or other amount attributable to the income of
        the profit subsidiary, such payment shall be deemed to be a
        payment by the buyer corporation for the taxable year for which
        such income would otherwise have been included in the buyer
        corporation's return if the election provided in subsection
        (c)(1) was not made--
                    ``(A) Filing of refund claim.--A Native Corporation
                that elects under subsection (c)(1) shall be treated as
                the taxpayer for purposes of sections 6402 and 6511 of
                the Internal Revenue Code with respect to all payments
                of tax, interest, additions to tax, penalties, or other
                amounts attributable to the income of the profit
                subsidiary and shall be entitled to file a claim for
                refund as the taxpayer with respect to any taxes,
                interest, additions to tax, penalties or other amounts
                attributable to the income of the profit subsidiary.
                    ``(B) Filing of refund suit.--A Native Corporation
                that elects under subsection (c)(1) shall be treated as
                the taxpayer for purposes of section 7422 of the
                Internal Revenue Code with respect to all payments of
                tax, interest, additions to tax, penalties, or other
                amounts attributable to the income of the profit
                subsidiary, and as the plaintiff for purposes of
                section 1402 of title 28, United States Code, and shall
                be entitled to file and maintain a proceeding in court
                as the taxpayer for the recovery of such amounts.
                    ``(C) Refund of overpayment.--In the event that an
                overpayment is determined to be due, whether by final
                administrative or judicial decision, with respect to a
                Native Corporation transaction (c)(1), the Native
                Corporation shall be treated as the person who made the
                overpayment within the meaning of section 6402(a) of
                the Internal Revenue Code. Notwithstanding any law or
                rule of law, including the preceding sentence, any
                refund of such overpayment may be made jointly to the
                Native Corporation and to the electing buyer
                corporation, as agreed to under paragraph (A)(v) of
                subsection (c)(1).
            ``(5) Participatory rights of electing buyer corporation.--
        Any buyer corporation that makes an election under subsection
        (c)(1) shall have the right to--
                    ``(A) submit a written statement and participate
                with the Native Corporation in any administrative
                proceeding relating to any proposed adjustment
                regarding a Native Corporation transaction for which an
                election has been made; and
                    ``(B) file an amicus brief in any proceeding in a
                Federal court or the United States Tax Court that has
                been filed by the Native Corporation involving a
                proposed adjustment regarding such a Native Corporation
                transaction.
        All written notices or other reports issued by the Secretary or
        his delegate with respect to such a Native Corporation
        transaction shall be issued to the Native Corporation, and it
        shall be the obligation of the Native Corporation to provide
        copies thereof to the electing buyer corporation. Rules similar
        to the rules of subparagraphs (B) and (C) of paragraph (7)
        shall apply for purposes of this paragraph.
            ``(6) Final determination of issues.--
                    ``(A) All issues with respect to the Native
                Corporation transaction with respect to which an
                election is made under subsection (c)(1), including the
                applicability of any interest, addition to tax, penalty
                or other amount, shall be determined by administrative
                or judicial decision with respect to the consolidated
                return of the Native Corporation affiliated group.
                    ``(B) Upon such determination, any income of the
                profit subsidiary that is not offset in the Native
                Corporation transaction shall be reported on the buyer
                corporation's return as if it were originally reported
                thereon and subject to all adjustments, including net
                operating loss or other carrybacks, to which such
                income would otherwise be subject.
            ``(7) No effect on nonelecting corporations.--The absence
        of an election by a Native Corporation and a buyer corporation
        with respect to a Native Corporation transaction shall not
        restrict the authority of the Secretary of the Treasury or his
        delegate to settle or litigate with any nonelecting buyer
        corporation with respect to any issue relating to such a
        transaction--
                    ``(A) Rights of native corporation.--For any such
                Native Corporation transaction for which no election is
                made under subsection (c)(1), the Native Corporation
                shall have the right to submit a written statement and
                participate with the buyer corporation in any
                administrative proceeding relating to any proposed
                adjustment regarding such Native Corporation
                transaction; and to file an amicus brief in any
                proceeding in a Federal court or the United States Tax
                Court that has been filed by the non-electing buyer
                corporation involving a proposed adjustment regarding
                such Native Corporation transaction.
                    ``(B) Extension of statute of limitations.--
                Subparagraph (A) shall not apply if the Secretary of
                the Treasury or his delegate determines that an
                extension of the statute of limitations is necessary to
                permit the participation described in subparagraph (A)
                and the taxpayer and the Secretary or his delegate have
                not agreed to such extension.
                    ``(C) Failures.--For purposes of the 1986 Code, any
                failure by the Secretary of the Treasury or his
                delegate to comply with the provisions of this
                subsection shall not affect the validity of the
                determination of the Internal Revenue Service of any
                adjustment of tax liability of any non-electing buyer
                corporation.
            ``(8) Effective date.--This provision shall be effective
        for all taxable years for which the statute of limitations for
        assessment with respect to an electing Native Corporation has
        not expired prior to the date of enactment of this Act--
                    ``(A) Extension of statute of limitations.--Any
                Native Corporation for which the statue of limitations
                for assessment will expire within 120 days after the
                date of enactment of this section shall have the right
                upon request to extend such statute of limitations
                pursuant to section 6501(c)(4) of the Internal Revenue
                Code to a date not less than 120 days after the date of
                enactment of this section.
                    ``(B) Period for assessments.--If the statute of
                limitations for assessments with respect to an electing
                Native Corporation has not expired prior to the date of
                the enactment of this Act, such period shall not expire
                before the date 120 days after the date on which the
                Native Corporation makes the election under this
                subsection.''.
    (b) Section 5021 of the Technical and Miscellaneous Revenue Act of
1988 (Public Law 100-647) is amended by adding, after subsection (e),
new subsection (f) to read as follows:
    ``(f) Increase in Underpayment Rate.--For purposes of determining
the amount of interest payable under section 6601 of the Internal
Revenue Code on a tax underpayment attributable to a Native Corporation
transaction for which an election has been made under subsection (c)
hereof, the underpayment rate otherwise applicable under section
6621(a) (2) or (c) of the Internal Revenue Code of 1986 shall be
increased by 0.5 percentage points.''.