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Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Saving Family Homes Act of 2008''.

SEC. 2. RIGHT TO RENT HOME SUBJECT TO FORECLOSURE.

(a) Exercise of Right.--If, at any time after notice under
subsection (b) for an eligible mortgage is provided to the eligible
mortgagor and before the commencement of the 7-day period that ends on
the first date that the foreclosing creditor may first commence or
execute such foreclosure pursuant to such notice, the eligible
mortgagor under the eligible mortgage that is subject to such
foreclosure provides notice in accordance with section 3,
notwithstanding such foreclosure or any other interests in the
property, the eligible mortgagor may, at the sole option of the
eligible mortgagor, continue to occupy the foreclosed property during
the 20-year period that begins upon the commencement of such occupancy,
subject to the requirements of subsection (c).
(b) Limitation on Timing of Foreclosure; Notice of Default and
Right To Rent.--Notwithstanding any other provision of law or any
contract, a foreclosure of an eligible mortgage may not be commenced or
executed before the expiration of the 28-day period beginning upon the
receipt, by the eligible mortgagor, of written notice provided by the
foreclosing creditor for the mortgage that--
(1) clearly states that--
(A) the eligible mortgagor is in default on the
mortgage; and
(B) foreclosure on the mortgage may or will be
commenced on account of such default;
(2) clearly states that the eligible mortgagor has the
right, notwithstanding foreclosure, to continue to occupy the
foreclosed property in accordance with this Act, and sets forth
the terms of such occupancy under subsections (a) and (c); and
(3) identifies the first date, pursuant to this section and
any other provisions of law and contract, that such foreclosure
may be commenced.
(c) Terms of Periodic Tenancy.--Occupancy, by an eligible
mortgagor, of a foreclosed property pursuant to subsection (a) shall be
under a periodic month-to-month tenancy under which the owner of the
property may terminate the tenancy for material breach but shall have
no authority, at will, to terminate the tenancy during the occupancy
pursuant to subsection (a) if the mortgagor--
(1) timely pays to the owner of the foreclosed property
rent on a monthly basis in the amount of the fair market rent
for the property determined in accordance with section 4; and
(2) uses property as the principal residence of the
mortgagor.

SEC. 3. REQUIRED NOTICE.

With respect to an eligible mortgage for which notice under
subsection (b) has been provided, notice in accordance with this
section is notice that--
(1) is made in writing;
(2) is submitted to--
(A) the court having jurisdiction and venue to
conduct the covered foreclosure proceeding for the
eligible mortgage or, in the case of nonjudicial
foreclosure, the court in which an action is brought
pursuant to section 5; and
(B) the foreclosing creditor; and
(3) states that the eligible mortgagor is exercising the
authority under section 2(a) to continue to occupy the
foreclosed property.

SEC. 4. DETERMINATION OF FAIR MARKET RENT.

(a) Initial Determination.--For purposes of this Act, the fair
market rent for a foreclosed property involved in a covered foreclosure
proceeding shall be the amount that is determined by an independent
appraiser who is licensed or certified, as applicable, to conduct
appraisals in the jurisdiction in which the property is located, who
shall be appointed for such purpose by the court conducting such
proceeding or hearing an action pursuant to section 5.
(b) Periodic Adjustments.--The fair market rent determined under
subsection (a) for a foreclosed property shall be adjusted annually to
reflect changes in the owners' equivalent rent of primary residence
component, for the appropriate city, region, or class of city, as
available, of the Consumer Price Index for All Urban Consumers of the
Bureau of Labor Statistics of the Department of Labor.
(c) Redetermination.--If the owner of a foreclosed property or the
eligible mortgagor under the eligible mortgage requests the court
described in subsection (a) to redetermine the fair market rent for a
foreclosed property determined pursuant to this section (as such amount
may have been adjusted pursuant to subsection (b)) and agrees to pay
any costs of such redetermination (including costs of the appraisal
involved), the court shall provide for redetermination of the fair
market rent for the foreclosed property in the manner provided under
subsection (a), except that no such redetermination shall be made
pursuant to a request under this subsection made before the expiration
of the 12-month period beginning upon the most recent redetermination
conducted at the request of the same party.

SEC. 5. NONJUDICIAL FORECLOSURE PROCEEDINGS.

In the case of any covered foreclosure proceeding that is not
conducted or administered by a court, the eligible mortgagor may bring
an action in an appropriate court of the State in which the foreclosed
property is located for a determination of fair market rent for the
foreclosed property for purposes of this Act, by filing notice in
accordance with section 3 with such court and otherwise complying with
the rules of such court.

SEC. 6. NO BAR TO FORECLOSURE.

This Act may not be construed to delay, or otherwise modify,
affect, or alter any right of a creditor under an eligible mortgage to
foreclose on the mortgage and to sell the foreclosed property in
connection with such foreclosure, except that the right of any owner of
the property to possession of the property shall be subject to the
leasehold interest established pursuant to section 2(c).

SEC. 7. RIGHT TO REINSTATEMENT.

This Act may not be construed to affect any right of any eligible
mortgagor to reinstatement of an eligible mortgage, including any right
established under contract or State law.

SEC. 8. JURISDICTION OF FEDERAL COURTS.

At the option of the eligible mortgagor, a proceeding under section
4 or 5 shall be removed to the appropriate district court of the United
States in accordance with section 1441 of title 28, United States Code.

SEC. 9. EFFECT ON STATE LAW.

This Act does not annul, alter, affect, or exempt any person
subject to the provisions of this Act from complying with the laws of
any State regarding foreclosure on residential properties, except to
the extent that such laws are inconsistent with any provision of this
Act, and then only to the extent of such inconsistency.

SEC. 10. DEFINITIONS.

For purposes of this Act, the following definitions apply:
(1) Covered foreclosure proceeding.--The term ''covered
foreclosure proceeding'' means a foreclosure proceeding with
respect to an eligible mortgage, and includes any foreclosure
proceeding authorized under the law of the applicable State,
including judicial and non-judicial foreclosure proceedings.
(2) Eligible mortgagor.--The term ''eligible mortgagor''
means a mortgagor under an eligible mortgage.
(3) Eligible mortgage.--The term ''eligible mortgage''
means a first mortgage--
(A) on property that--
(i) is a single family property; and
(ii) has been used as the principal
residence of the eligible mortgagor for a
period of not less than 2 years immediately
preceding the initiation of the covered
foreclosure proceeding involved;
(B) that was made in connection with the purchase
of the property by the mortgagor for a purchase price
that is less than the median purchase price for
residences that are located in--
(i) the same metropolitan statistical area;
or
(ii) if the property is not located in a
metropolitan statistical area or information
for the area is not available, the same State;
and
(C) that was originated before July 1, 2007.
For purposes of subparagraph (B), the median purchase price of
residences located within a metropolitan area or State shall be
determined according to information collected and made
available by the National Association of Realtors for such area
or State for the most recently completed month for which such
information is available.
(4) Foreclosed property.--The term ''foreclosed property''
means, with respect to a covered foreclosure proceeding, the
single family property that is subject to the eligible mortgage
being foreclosed under the proceeding.
(5) Foreclosing creditor.--The term ''foreclosing
creditor'' means, with respect to a covered foreclosure
proceeding, the creditor that is foreclosing the eligible
mortgage through such proceeding.
(6) Owner.--The term ''owner'' means, with respect to a
foreclosed property, the person who has title to the property
pursuant to the foreclosure proceeding for the property, and
any successor or assign of such person.
(7) Single family property.--The term ''single family
property'' means--
(A) a structure consisting of 1 to 4 dwelling
units;
(B) a dwelling unit in a multi-unit condominium
property together with an undivided interest in the
common areas and facilities serving the property; or
(C) a dwelling unit in a multi-unit project for
which purchase of stock or a membership interest
entitles the purchaser to permanent occupancy of that
unit.

SEC. 11. APPLICABILITY AND SUNSET.

(a) Applicability.--Subject to subsection (b), this Act shall apply
to any covered foreclosure proceeding that has not been finally
adjudicated as of the date of the enactment of this Act.
(b) Sunset.--This Act shall not apply to any foreclosure proceeding
commenced after the expiration of the 5-year period beginning on the
date of the enactment of this Act.

Answer: Saving Family Homes Act of 2008 - Grants eligible mortgagors subject to foreclosure proceedings the right to continue to occupy forclosed properties subject to the payment of fair market rent for a period of 20 years that begins upon the commencement of occupancy of such property.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Small Business Health Tax Credit
Act''.

SEC. 2. SMALL BUSINESS TAX CREDIT FOR 50 PERCENT OF HEALTH PREMIUMS.

(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:

''SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES.

''(a) General Rule.--For purposes of section 38, in the case of a
qualified small employer, the employee health insurance expenses credit
determined under this section is an amount equal to the applicable
percentage of the amount paid by the taxpayer during the taxable year
for qualified employee health insurance expenses.
''(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is equal to--
''(1) 50 percent in the case of an employer with less than
26 qualified employees,
''(2) 40 percent in the case of an employer with more than
25 but less than 36 qualified employees, and
''(3) 30 percent in the case of an employer with more than
35 but less than 51 qualified employees.
''(c) Per Employee Dollar Limitation.--The amount of qualified
employee health insurance expenses taken into account under subsection
(a) with respect to any qualified employee for any taxable year shall
not exceed the maximum employer contribution for self-only coverage or
family coverage (as applicable) determined under section 8906(a) of
title 5, United States Code, for the calendar year in which such
taxable year begins.
''(d) Definitions and Special Rules.--For purposes of this
section--
''(1) Qualified small employer.--
''(A) In general.--The term 'qualified small
employer' means any small employer which provides
eligibility for health insurance coverage (after any
waiting period (as defined in section 9801(b)(4))) to
all qualified employees of the employer.
''(B) Small employer.--
''(i) In general.--For purposes of this
paragraph, the term 'small employer' means,
with respect to any calendar year, any employer
if such employer employed an average of not
less than 2 and not more than 50 qualified
employees on business days during either of the
2 preceding calendar years. For purposes of the
preceding sentence, a preceding calendar year
may be taken into account only if the employer
was in existence throughout such year.
''(ii) Employers not in existence in
preceding year.--In the case of an employer
which was not in existence throughout the 1st
preceding calendar year, the determination
under clause (i) shall be based on the average
number of qualified employees that it is
reasonably expected such employer will employ
on business days in the current calendar year.
''(2) Qualified employee health insurance expenses.--
''(A) In general.--The term 'qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
''(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
''(C) Health insurance coverage.--The term 'health
insurance coverage' has the meaning given such term by
paragraph (1) of section 9832(b) (determined by
disregarding the last sentence of paragraph (2) of such
section).
''(3) Qualified employee.--The term 'qualified employee'
means an employee of an employer who, with respect to any
period, is not provided health insurance coverage under--
''(A) a health plan of the employee's spouse,
''(B) title XVIII, XIX, or XXI of the Social
Security Act,
''(C) chapter 17 of title 38, United States Code,
''(D) chapter 55 of title 10, United States Code,
''(E) chapter 89 of title 5, United States Code, or
''(F) any other provision of law.
''(4) Employee--The term 'employee'--
''(A) means any individual, with respect to any
calendar year, who is reasonably expected to receive at
least $5,000 of compensation from the employer during
such year,
''(B) does not include an employee within the
meaning of section 401(c)(1), and
''(C) includes a leased employee within the meaning
of section 414(n).
''(5) Compensation.--The term 'compensation' means amounts
described in section 6051(a)(3).
''(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
''(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ''plus'' at the end of paragraph (14),
by striking the period at the end of paragraph (15) and inserting '',
plus'', and by adding at the end the following:
''(16) the employee health insurance expenses credit
determined under section 45G.''.
(c) Credit Allowed Against Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of the
Internal Revenue Code of 1986 (relating to limitation based on
amount of tax) is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
''(4) Special rules for employee health insurance credit.--
''(A) In general.--In the case of the employee
health insurance credit--
''(i) this section and section 39 shall be
applied separately with respect to the credit,
and
''(ii) in applying paragraph (1) to the
credit--
''(I) the amounts in subparagraphs
(A) and (B) thereof shall be treated as
being zero, and
''(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the employee
health insurance credit).
''(B) Employee health insurance credit.--For
purposes of this subsection, the term 'employee health
insurance credit' means the credit allowable under
subsection (a) by reason of section 45G(a).''.
(2) Conforming amendments.--
(A) Subclause (II) of section 38(c)(2)(A)(ii) of
such Code is amended by inserting ''or the employee
health insurance credit'' after ''employee credit''.
(B) Subclause (II) of section 38(c)(3)(A)(ii) of
such Code is amended by inserting ''or the employee
health insurance credit'' after ''employee credit''.
(d) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
''(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45G may be carried
back to a taxable year ending before the date of the enactment
of section 45G.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:

''Sec. 45G. Employee health insurance
expenses.''.
(f) Employer Outreach.--The Internal Revenue Service shall, in
conjunction with the Small Business Administration, develop materials
and implement an educational program to ensure that business personnel
are aware of--
(1) the eligibility criteria for the tax credit provided
under section 45G of the Internal Revenue Code of 1986 (as
added by this section),
(2) the methods to be used in calculating such credit,
(3) the documentation needed in order to claim such credit,
and
(4) any available health plan purchasing alliances
established under title II,
so that the maximum number of eligible businesses may claim the tax
credit.
(g) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act.

Answer: Small Business Health Tax Credit Act - Amends the Internal Revenue Code to allow small business employers (employers with between two and 50 employees) an income tax credit of between 30 to 50 percent (depending upon the number of employees) of the amount paid for employee health insurance, subject to a dollar limitation for each employee. Allows the employer to apply such credit against its minimum tax liability. Directs the Internal Revenue Service, in conjunction with the Small Business Administration, to educate small business personnel about this tax credit.

Question: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Red Lake Band of Chippewa Indians of
Minnesota Use or Distribution of Indian Judgment Funds Plan Approval
Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) On August 2, 1951, the Red Lake Band of Chippewa
Indians of Minnesota filed a complaint before the Indian Claims
Commission in Red Lake Band of Chippewa Indians v. United
States, Docket Nos. 189-A, 189-B, and 189-C, pursuant to the
Indian Claims Commission Act (25 U.S.C. 70 et seq.).
(2) Upon the close of the Indian Claims Commission in 1976,
all of the cases then remaining unresolved, included Red Lake
Band of Chippewa Indians v. United States, Docket Nos. 189-A,
189-B, and 189-C, were transferred to the Court of Claims (now
known as the United States Court of Federal Claims).
(3) The Red Lake Band obtained a settlement in Dockets 189-
A and 189-B in 1997, for a total of $27,105,000.
(4) That 1997 settlement was distributed pursuant to the
Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1401 et seq.), except for $3,780,616.20, which were escrowed in
the name of the Red Lake Band at the Office of Trust Funds
Management of the Department of the Interior pursuant to an
Escrow Agreement dated August 20, 1998.
(5) The escrowed funds were for the purpose of securing
repayment to the United States for certain expert witness loans
made by the United States to the Red Lake Band to assist the
Band in developing the evidence needed to prosecute its claims
in Dockets 189-A, 189-B, and 189-C.
(6) Pursuant to section 813 of the Omnibus Indian
Advancement Act (Public Law 106-568), the balance of such Red
Lake Band expert witness loans was canceled, thereby releasing
the Red Lake Band from any liability associated with such
loans.
(7) The escrowed funds and the investment income earned
thereon are ready for distribution along with other funds
secured to the Red Lake Band from the order and judgment
entered in its favor by the Court of Federal Claims on January
16, 2001, in the amount of $53,500,000 and the investment
income earned thereon.
(8) A use or distribution plan for those funds was approved
by the Secretary and submitted to Congress pursuant to the
Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1401 et seq.) and provides as follows:
(A) $40,000,000 shall be disbursed to a permanent
trust fund that, consistent with the Settlement
Agreement entered into between the Red Lake Band and
the United States in Docket 189-C, the Red Lake Band
has created pursuant to Tribal Resolution No. 243-2000
and Ordinance adopted thereby No. 02-2000, and from
which fund some of the interest income will be expended
in accordance with a reforestation plan, which is
described in the Use or Distribution Plan and which may
be amended from time to time as provided in the Use or
Distribution Plan.
(B) $7,525,657 shall be disbursed to the Red Lake
Band for reimbursement to the Band for litigation-
related fees, costs, and expenses it has incurred in
the successful prosecution of the claims in Docket 189-
C, and $680,578 shall be disbursed to the Red Lake Band
for expenses and fees, including legal costs, related
to the Band's ongoing land restoration project.
(C) The remaining funds, estimated to be
$10,422,394.00, together with all investment income
earned on the Current Red Lake Judgment Funds through
the date of disbursement by the Office of Trust Funds
Management, shall be paid out per capita to the members
of the Red Lake Band who were born and alive on July
31, 2001.
(9) The Use or Distribution Plan is in the best interests
of the Red Lake Band.

SEC. 3. DEFINITIONS.

In this Act, the following definitions apply:
(1) Current red lake judgment funds.--The term ''Current
Red Lake Judgment Funds'' means the escrowed funds described in
section 2(a)(4), together with the judgment amount of January
16, 2001, described in section 2(a)(7), along with all interest
earned on those amounts while held by the Office of Trust Funds
Management.
(2) Red lake band.--The term ''Red Lake Band'' means the
Red Lake Band of Chippewa Indians of Minnesota of the Red Lake
Indian Reservation in north central Minnesota.
(3) Secretary.--The term ''Secretary'' means the Secretary
of the Interior.
(4) Use or distribution plan.--The term ''Use or
Distribution Plan'' means the use or distribution plan approved
by the Secretary and submitted to Congress as described in
section 2(8).

SEC. 4. APPROVAL OF SECRETARIAL PLAN

Congress hereby approves the Use or Distribution Plan.

SEC. 5. PLAN APPROVAL AND AUTHORIZATION FOR IMMEDIATE DISBURSEMENT OF
FUNDS.

The Secretary, through the Office of Trust Funds Management, shall
immediately disburse the funds identified in this Act as follows:
(1) $40,000,000 to a permanent trust fund that, consistent
with the Settlement Agreement entered into between the Red Lake
Band and the United States in Docket 189-C, the Red Lake Band
has created pursuant to Tribal Resolution No. 243-2000 and
Ordinance adopted thereby No. 02-2000, and from which fund some
of the interest income shall be expended in accordance with a
reforestation plan, which is described in the Use or
Distribution Plan and which may be amended from time to time as
provided in the Use or Distribution Plan.
(2) $7,525,657 to the Red Lake Band for reimbursement to
the Band for litigation-related fees, costs, and expenses it
has incurred in the successful prosecution of the claims in
Docket 189-C and related matters.
(3) $680,578 to the Red Lake Band for expenses and fees,
including legal costs, related to the Band's ongoing land
restoration project.
(4) $10,422,394, and all investment income earned on the
Current Red Lake Judgment Funds through the date of
disbursement by the Secretary through the Office of Trust Funds
Management, per capita to the members of the Red Lake Band who
were born and alive on July 31, 2001. Such payments shall be
exempt to the extent provided in section 7 of the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1407).

Answer:
Red Lake Band of Chippewa Indians of Minnesota Use or Distribution of Indian Judgment Funds Plan Approval Act - Approves the Use or Distribution Plan for specified escrowed funds, investment income, and funds secured to the Red Lake Band from the order and judgment entered in its favor on January 16, 2001.Directs the Secretary of the Interior, acting through the Office of Trust Funds Management, to immediately disburse the funds as specified, including amounts for: (1) a permanent trust fund; (2) litigation-related expenses incurred for Docket 189-C claims; (3) land restoration project expenses and fees; and (4) per capita disbursement to Red Lake Band members.