Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fueling America
Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
 TITLE I--INCREASED PRODUCTION OF NATURAL GAS AND LIQUEFIED PETROLEUM
                              GAS VEHICLES

Sec. 101. Definitions.
Sec. 102. Natural gas and liquefied petroleum gas vehicle research,
                            development, and demonstration projects.
Sec. 103. Study of increasing natural gas and liquefied petroleum gas
                            vehicles in Federal fleet.
Sec. 104. Clean school bus program.
                        TITLE II--TAX INCENTIVES

Sec. 201. Credit for natural gas and liquefied petroleum gas refueling
                            property.
Sec. 202. Credit for purchase of vehicles fueled by natural gas or
                            liquefied petroleum gas.

 TITLE I--INCREASED PRODUCTION OF NATURAL GAS AND LIQUEFIED PETROLEUM
                              GAS VEHICLES

SEC. 101. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Natural gas.--The term ``natural gas'' means--
                    (A) compressed natural gas;
                    (B) liquefied natural gas;
                    (C) biomethane; and
                    (D) mixtures of--
                            (i) hydrogen; and
                            (ii) methane, biomethane, compressed
                        natural gas, or liquefied natural gas.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 102. NATURAL GAS AND LIQUEFIED PETROLEUM GAS VEHICLE RESEARCH,
              DEVELOPMENT, AND DEMONSTRATION PROJECTS.

    (a) In General.--The Secretary, in coordination with the
Administrator, shall conduct a program of natural gas and liquefied
petroleum gas vehicle research, development, and demonstration.
    (b) Purposes.--The purposes of the program conducted under this
section are to focus on--
            (1) the continued improvement and development of new,
        cleaner, more efficient light-duty, medium-duty, and heavy-duty
        natural gas and liquefied petroleum gas vehicle engines;
            (2) the integration of those engines into light-duty,
        medium-duty, and heavy-duty natural gas and liquefied petroleum
        gas vehicles for onroad and offroad applications;
            (3) expanding product availability by assisting
        manufacturers with the certification of the engines or vehicles
        described in paragraph (1) or (2) to comply with Federal or
        California certification requirements and in-use emission
        standards;
            (4) the demonstration and proper operation and use of the
        vehicles described in paragraph (2) under all operating
        conditions;
            (5) the development and improvement of nationally
        recognized codes and standards for the continued safe operation
        of vehicles described in paragraph (2) and the components of
        the vehicles;
            (6) improvement in the reliability and efficiency of
        natural gas and liquefied petroleum gas fueling station
        infrastructure;
            (7) the certification of natural gas and liquefied
        petroleum gas fueling station infrastructure to nationally
        recognized and industry safety standards;
            (8) the improvement in the reliability and efficiency of
        onboard natural gas and liquefied petroleum gas fuel storage
        systems;
            (9) the development of new natural gas and liquefied
        petroleum gas fuel storage materials;
            (10) the certification of onboard natural gas and liquefied
        petroleum gas fuel storage systems to nationally recognized and
        industry safety standards; and
            (11) the use of natural gas and liquefied petroleum gas
        engines in hybrid vehicles.
    (c) Certification of Aftermarket Conversion Systems.--
            (1) In general.--The Secretary shall coordinate with the
        Administrator on issues related to streamlining the
        certification of natural gas and liquefied petroleum gas
        aftermarket conversion systems to comply with appropriate
        Federal certification requirements and in-use emission
        standards.
            (2) Streamlined certification.--For purposes of paragraph
        (1), streamlined certification shall include providing
        aftermarket conversion system manufacturers the option to
        continue to sell and install systems on engines and test groups
        for which the manufacturers have previously received a
        certificate of conformity without having to request a new
        certificate in future years.
    (d) Cooperation and Coordination With Industry.--In developing and
carrying out the program under this section, the Secretary shall
coordinate with the natural gas and liquefied petroleum gas vehicle
industry to ensure, to the maximum extent practicable, cooperation
between the public and the private sector.
    (e) Administration.--The program under this section shall be
conducted in accordance with sections 3001 and 3002 of the Energy
Policy Act of 1992 (42 U.S.C. 13541, 13542).
    (f) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit to the appropriate committees of
Congress a report on the implementation of this section.
    (g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $30,000,000 for
each of fiscal years 2010 through 2014.

SEC. 103. STUDY OF INCREASING NATURAL GAS AND LIQUEFIED PETROLEUM GAS
              VEHICLES IN FEDERAL FLEET.

    Not later than 180 days after the date of enactment of this Act,
the Administrator of General Services, in consultation with the
Administrator, shall--
            (1) conduct a study on whether or not the Federal fleet
        should increase the number of light-duty, medium-duty, and
        heavy-duty natural gas and liquefied petroleum gas vehicles in
        the fleet;
            (2) assess the barriers to increasing the number of natural
        gas and liquefied petroleum gas vehicles in the fleet;
            (3) assess the potential for maximizing the use of natural
        gas and liquefied petroleum gas vehicles in the fleet; and
            (4) submit to the appropriate committees of Congress a
        report on the results of the study.

SEC. 104. CLEAN SCHOOL BUS PROGRAM.

    (a) In General.--Section 6015 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (42 U.S.C.
16091a) is amended--
            (1) in subsection (b)(5)--
                    (A) in subparagraph (A)--
                            (i) in the subparagraph heading, by
                        striking ``50'' and inserting ``65'';
                            (ii) in the matter preceding clause (i), by
                        striking ``one-half'' and inserting ``65
                        percent'';
                            (iii) in clause (i)(II), by striking ``or''
                        after the semicolon at the end;
                            (iv) in clause (ii), by striking the period
                        at the end and inserting as semicolon; and
                            (v) by adding at the end the following:
                            ``(iii) clean school buses with engines
                        manufactured in model year 2010, 2011, 2012,
                        2013, or 2014 that satisfy regulatory
                        requirements established by the Administrator
                        for emissions of oxides of nitrogen and
                        particulate matter to be applicable for school
                        buses manufactured in that model year; or
                            ``(iv) clean school buses with engines only
                        fueled by compressed natural gas, liquefied
                        natural gas, or liquefied petroleum gas, except
                        that school buses described in this clause may
                        be eligible for a grant that is equal to an
                        additional 25 percent of the acquisition costs
                        of the school buses (including fueling
                        infrastructure).''; and
                    (B) in subparagraph (B)--
                            (i) in the subparagraph heading, by
                        striking ``25'' and inserting ``50''; and
                            (ii) in the matter preceding clause (i), by
                        striking ``one-fourth'' and inserting ``50
                        percent''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``and'' at the
                end;
                    (B) in paragraph (2), by striking ``2008, 2009, and
                2010.'' and inserting ``2008 and 2009; and''; and
                    (C) by adding at the end the following:
            ``(3) $75,000,000 for each of fiscal years 2010 through
        2014.''.
    (b) Technical Correction.--Section 741 of the Energy Policy Act of
2005 (42 U.S.C. 16091) is repealed.

                        TITLE II--TAX INCENTIVES

SEC. 201. CREDIT FOR NATURAL GAS AND LIQUEFIED PETROLEUM GAS REFUELING
              PROPERTY.

    (a) Increase in Credit Percentage for Natural Gas and Liquefied
Petroleum Gas Refueling Property.--Subsection (e) of section 30C of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
            ``(7) Special rule for qualified natural gas vehicle
        refueling property and qualified liquefied petroleum gas
        vehicle refueling property.--
                    ``(A) In general.--In the case of any qualified
                natural gas vehicle refueling property and any
                qualified liquefied petroleum gas vehicle refueling
                property to which paragraph (6) does not apply--
                            ``(i) subsection (a) shall be applied by
                        substituting `50 percent' for `30 percent',
                            ``(ii) subsection (b)(1) shall be applied
                        by substituting `$50,000' for `$30,000', and
                            ``(iii) subsection (b)(2) shall be applied
                        by substituting `$2,000' for `$1,000'.
                    ``(B) Qualified natural gas vehicle refueling
                property.--For purposes of this paragraph, the term
                `qualified natural gas vehicle refueling property' has
                the same meaning as the term `qualified alternative
                fuel vehicle refueling property' would have under
                subsection (c) if only natural gas, compressed natural
                gas, and liquefied natural gas were treated as clean-
                burning fuels for purposes of section 179A(d).
                    ``(C) Qualified liquefied petroleum gas vehicle
                refueling property.--For purposes of this paragraph,
                the term `qualified liquefied petroleum gas vehicle
                refueling property' has the same meaning as the term
                `qualified alternative fuel vehicle refueling property'
                would have under subsection (c) if only liquefied
                petroleum gas were treated as a clean-burning fuel for
                purposes of section 179A(d).''.
    (b) Extension of Credit.--Subsection (g) of section 30C of the
Internal Revenue Code of 1986 is amended to read as follows:
    ``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2014.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2008, in taxable
years ending after such date.

SEC. 202. CREDIT FOR PURCHASE OF VEHICLES FUELED BY NATURAL GAS OR
              LIQUEFIED PETROLEUM GAS.

    (a) In General.--Subsection (e) of section 30B of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
            ``(6) Higher incremental cost limits for natural gas
        vehicles and liquefied petroleum gas vehicles.--
                    ``(A) In general.--In the case of any eligible
                natural gas motor vehicle and any eligible liquefied
                petroleum gas motor vehicle, paragraph (3) shall be
                applied by multiplying each of the dollar amounts
                contained in such paragraph by 2.
                    ``(B) Eligible natural gas motor vehicle.--For
                purposes of this paragraph, the term `eligible natural
                gas motor vehicle' means (except as provided in clause
                (ii)) a new qualified alternative fuel motor vehicle or
                aftermarket conversion system the final assembly of
                which is in the United States and that--
                            ``(i) is only capable of operating on
                        compressed natural gas or liquefied natural
                        gas, or
                            ``(ii) is capable of operating for more
                        than 175 miles on compressed natural gas or
                        liquefied natural gas and is capable of
                        operating on gasoline or diesel fuel.
                    ``(C) Eligible liquefied petroleum gas motor
                vehicle.--For purposes of this paragraph, the term
                `eligible liquefied petroleum gas motor vehicle' means
                (except as provided in clause (ii)) a new qualified
                alternative fuel motor vehicle or aftermarket
                conversion system the final assembly of which is in the
                United States and that--
                            ``(i) is only capable of operating on
                        liquefied petroleum gas, or
                            ``(ii) is capable of operating for more
                        than 175 miles on liquefied petroleum gas and
                        is capable of operating on gasoline or diesel
                        fuel.
                    ``(D) Aftermarket conversion system.--For purposes
                of this paragraph, the term `aftermarket conversion
                system' means property that converts a vehicle that is
                not described in this paragraph into an eligible
                natural gas motor vehicle (for purposes of subparagraph
                (B)) or an eligible liquefied petroleum gas motor
                vehicle (for purposes of subparagraph (C)).''.
    (b) Extension of Credit for Natural Gas and Liquefied Petroleum Gas
Vehicles.--Paragraph (4) of section 30B(k) of the Internal Revenue Code
of 1986 is amended--
            (1) by striking ``and'' at the end of paragraph (3),
            (2) by striking the period at the end of paragraph (4) and
        inserting ``, and'',
            (3) by striking ``(as described in subsection (e))'' in
        paragraph (4) and inserting ``(as described in paragraph (4) or
        (5) of subsection (e))'', and
            (4) by adding at the end the following new paragraph:
            ``(5) in the case of a new qualified alternative fuel
        vehicle described in subsection (e)(6), December 31, 2014.''.
    (c) Effective Date.--The amendments made by this section shall
apply to vehicles placed in service after December 31, 2008, in taxable
years ending after such date.

Output:
Fueling America Act of 2009 - Directs the Secretary of Energy, in coordination with the Administrator of the Environmental Protection Agency (EPA), to: (1) conduct a natural gas and liquefied petroleum gas vehicle research, development, and demonstration program; and (2) address the streamlining of manufacturer certification of natural gas and liquefied petroleum gas aftermarket conversion systems to comply with federal requirements and in-use emission standards.

Requires the Administrator of General Services to study and report to Congress on whether the federal fleet should increase the number of its light-duty, medium-duty, and heavy-duty natural gas and liquefied petroleum gas vehicles.

Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to increase from 50% to 65% of acquisition costs the federal matching grants for replacing school buses under the clean school bus program.

Extends eligibility for such grants to clean school buses with: (1) engines manufactured in model years 2010-2014 that satisfy federal requirements for emissions of oxides of nitrogen and particulate matter; or (2) engines only fueled by compressed natural gas, liquefied natural gas, or liquefied petroleum gas (including eligibility for a grant for an additional 25% of the acquisition costs of such school buses).

Amends the Internal Revenue Code to increase the percentage rate of, and extend through calendar 2014, the tax credit for the purchase of natural gas vehicle refueling property and liquefied petroleum gas vehicle refueling property.

Doubles the incremental cost limits for vehicles fueled by natural gas or liquefied petroleum gas in the formula for determining the new qualified alternative fuel motor vehicle credit.


Input:
SECTION 1. APPLICABILITY OF PUBLIC DEBT LIMIT TO FEDERAL TRUST FUNDS
              AND OTHER FEDERAL ACCOUNTS.

    (a) Protection of Federal Funds.--Notwithstanding any other
provision of law--
            (1) no officer or employee of the United States may--
                    (A) delay the deposit of any amount into (or delay
                the credit of any amount to) any Federal fund or
                otherwise vary from the normal terms, procedures, or
                timing for making such deposits or credits, or
                    (B) refrain from the investment in public debt
                obligations of amounts in any Federal fund,
        if a purpose of such action or inaction is to not increase the
        amount of outstanding public debt obligations, and
            (2) no officer or employee of the United States may
        disinvest amounts in any Federal fund which are invested in
        public debt obligations if a purpose of the disinvestment is to
        reduce the amount of outstanding public debt obligations.
    (b) Protection of Benefits and Expenditures for Administrative
Expenses.--
            (1) In general.--Notwithstanding subsection (a), during any
        period for which cash benefits or administrative expenses would
        not otherwise be payable from a covered benefits fund by reason
        of an inability to issue further public debt obligations
        because of the applicable public debt limit, public debt
        obligations held by such covered benefits fund shall be sold or
        redeemed only for the purpose of making payment of such
        benefits or administrative expenses and only to the extent cash
        assets of the covered benefits fund are not available from
        month to month for making payment of such benefits or
        administrative expenses.
            (2) Issuance of corresponding debt.--For purposes of
        undertaking the sale or redemption of public debt obligations
        held by a covered benefits fund pursuant to paragraph (1), the
        Secretary of the Treasury may issue corresponding public debt
        obligations to the public, in order to obtain the cash
        necessary for payment of benefits or administrative expenses
        from such covered benefits fund, notwithstanding the public
        debt limit.
            (3) Advance notice of sale or redemption.--Not less than 3
        days prior to the date on which, by reason of the public debt
        limit, the Secretary of the Treasury expects to undertake a
        sale or redemption authorized under paragraph (1), the
        Secretary of the Treasury shall report to each House of the
        Congress and to the Comptroller General of the United States
        regarding the expected sale or redemption. Upon receipt of such
        report, the Comptroller General shall review the extent of
        compliance with subsection (a) and paragraphs (1) and (2) of
        this subsection and shall issue such findings and
        recommendations to each House of the Congress as the
        Comptroller General considers necessary and appropriate.
    (c) Public Debt Obligation.--For purposes of this section, the term
``public debt obligation'' means any obligation subject to the public
debt limit established under section 3101 of title 31, United States
Code.
    (d) Federal Fund.--For purposes of this section, the term ``Federal
fund'' means any Federal trust fund or Government account established
pursuant to Federal law to which the Secretary of the Treasury has
issued or is expressly authorized by law directly to issue obligations
under chapter 31 of title 31, United States Code, in respect of public
money, money otherwise required to be deposited in the Treasury, or
amounts appropriated.
    (e) Covered Benefits Fund.--For purposes of subsection (b), the
term ``covered benefits fund'' means any Federal fund from which cash
benefits are payable by law in the form of retirement benefits,
separation payments, life or disability insurance benefits, or
dependent's or survivor's benefits, including (but not limited to) the
following:
            (1) the Federal Old-Age and Survivors Insurance Trust Fund;
            (2) the Federal Disability Insurance Trust Fund;
            (3) the Civil Service Retirement and Disability Fund;
            (4) the Government Securities Investment Fund;
            (5) the Department of Defense Military Retirement Fund;
            (6) the Unemployment Trust Fund;
            (7) each of the railroad retirement funds and accounts;
            (8) the Department of Defense Education Benefits Fund and
        the Post-Vietnam Era Veterans Education Fund; and
            (9) the Black Lung Disability Trust Fund.

SEC. 2. CONFORMING AMENDMENT.

        (a) In General.--Subsections (j), (k), and (l) of section 8348
of title 5, United States Code, and subsections (g) and (h) of section
8438 of such title are hereby repealed.
        (b) Retention of Authority To Restore Trust Funds With Respect
to Actions Taken Before Date of Enactment.--
          (1) In general.--The repeals made by subsection (a) shall not
        apply to the restoration requirements imposed on the Secretary
        of the Treasury (or the Executive Director referred to in
        section 8438(g)(5) of title 5, United States Code) with respect
        to amounts attributable to actions taken under subsection
        (j)(1) or (k) of section 8348, or section 8438(g)(1), of such
        title before the date of the enactment of this Act.
          (2) Restoration requirements.--For purposes of paragraph (1),
        the term ``restoration requirements'' means the requirements
        imposed by--
                  (A) paragraphs (2), (3), and (4) of subsection (j),
                and subsection (l)(1), of section 8348 of such title,
                and
                  (B) paragraphs (2), (3), (4), and (5) of subsection
                (g), and subsection (h)(1), of section 8438 of such
                title.

            Passed the House of Representatives December 14, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Output: Prohibits a U.S. officer or employee from:  (1) delaying the deposit or credit of any amount into any Federal fund, otherwise varying from normal procedures for making deposits or credits, or refraining from investments in public debt obligations of amounts in such fund if the purpose of such action or inaction is to not increase the amount of outstanding public debt obligations; and (2) disinvesting amounts in any such fund which are invested in public debt obligations if a purpose is to reduce the amount of outstanding public debt obligations.   Prescribes that during any period for which cash benefits or administrative expenses would not be payable from a covered benefits fund because of an inability to issue further public debt obligations due to the applicable public debt limit, such obligations held by a covered benefits fund will only be sold or redeemed for payment of:  (1) such benefits; or (2) administrative expenses and only if cash assets of such fund are not available from month to month for the purpose of making such payments. Requires the Secretary of the Treasury to notify each House of the Congress and the Comptroller General not less than three days before an expected sale or redemption.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pathways to Independence Act of
2005''.

SEC. 2. STATE OPTION TO RECEIVE CREDIT FOR RECIPIENTS WHO ARE
              DETERMINED BY APPROPRIATE AGENCIES WORKING IN
              COORDINATION TO HAVE A DISABILITY AND TO BE IN NEED OF
              SPECIALIZED ACTIVITIES.

    (a) In General.--Section 407(c)(2) of the Social Security Act (42
U.S.C. 607(c)(2)) is amended by adding at the end the following:
                    ``(E) State option to receive credit for recipients
                who are determined by appropriate agencies working in
                coordination to have a disability and to be in need of
                specialized activities.--
                            ``(i) Initial 3-month period.--At the
                        option of the State, if the State agency
                        responsible for administering the State program
                        funded under this part determines that an
                        individual described in clause (iv) is not able
                        to meet the State's full work requirements, but
                        is engaged in activities prescribed by the
                        State, the State may deem the individual as
                        being engaged in work for purposes of
                        determining monthly participation rates under
                        paragraphs (1)(B)(i) and (2)(B) of subsection
                        (b) for not more than 3 months in any 24-month
                        period.
                            ``(ii) Additional 3-month period.--A State
                        may extend the 3-month period under clause (i)
                        for an additional 3 months only if, during such
                        additional 3-month period, the individual
                        engages in rehabilitative services prescribed
                        by the State and a work activity described in
                        subsection (d) for such number of hours per
                        month as the State determines appropriate.
                            ``(iii) Rules for credit in succeeding
                        months.--
                                    ``(I) In general.-- If the State
                                agency responsible for administering
                                the State program funded under this
                                part works in collaboration or has a
                                referral relationship with other
                                governmental or private agencies with
                                expertise in disability determinations
                                or appropriate services plans for
                                adults with disabilities (including
                                agencies that receive funds under this
                                part) and one of these entities
                                determines that an individual treated
                                as being engaged in work under clauses
                                (i) and (ii) continues to be unable to
                                meet the State's full work requirements
                                because of the individual's disability
                                and continuing need for rehabilitative
                                services after the conclusion of the
                                periods applicable under such clauses,
                                then for purposes of determining
                                monthly participation rates under
                                paragraphs (1)(B)(i) and (2)(B) of
                                subsection (b), the State may receive
                                credit in accordance with subclause
                                (II) for certain activities undertaken
                                with respect to the individual.
                                    ``(II) Credit for activities
                                undertaken through collaborative agency
                                process.--Subject to subclause (III),
                                if the State undertakes to provide
                                services for an individual to which
                                subclause (I) applies through a
                                collaborative process that includes
                                governmental or private agencies with
                                expertise in disability determinations
                                or appropriate services for adults with
                                disabilities, the State shall be
                                credited for purposes of the monthly
                                participation rates determined under
                                paragraphs (1)(B)(i) and (2)(B) of
                                subsection (b) with the lesser of--
                                            ``(aa) the sum of the
                                        number of hours the individual
                                        participates in an activity
                                        described in paragraph (1),
                                        (2), (3), (4), (5), (6), (7),
                                        (8), or (12) of subsection (d)
                                        for the month and the number of
                                        hours that the individual
                                        participates in rehabilitation
                                        services under this clause for
                                        the month; or
                                            ``(bb) twice the number of
                                        hours the individual
                                        participates in an activity
                                        described in paragraph (1),
                                        (2), (3), (4), (5), (6), (7),
                                        (8), or (12) of subsection (d)
                                        for the month.
                                    ``(III) Limitation.--A State shall
                                not receive credit under this clause
                                towards the monthly participation rates
                                under paragraphs (1)(B)(i) and (2)(B)
                                of subsection (b) unless the State
                                reviews the disability determination of
                                an individual to which subclause (I)
                                applies and the activities in which the
                                individual is participating not less
                                than every 6 months.
                            ``(iv) Individual described.--For purposes
                        of this subparagraph, an individual described
                        in this clause is an individual who the State
                        has determined has a disability, including a
                        substance abuse problem, and would benefit from
                        participating in rehabilitative services while
                        combining such participation with other work
                        activities.
                            ``(v) Definition of disability.--In this
                        subparagraph, the term `disability' means a
                        physical or mental impairment, including
                        substance abuse, that--
                                    ``(I) constitutes or results in a
                                substantial impediment to employment;
                                or
                                    ``(II) substantially limits 1 or
                                more major life activities.''.
    (b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2005.

Output: Pathways to Independence Act of 2005 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to give States the option to receive credit for recipients who are determined by appropriate agencies to have a disability and to be in need of specialized activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Wheat Gluten Act of
1996''.

SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING FINAL DETERMINATION.

    (a) In General.--In addition to any other duty that may apply,
there is imposed a duty of 25 percent ad valorem on wheat gluten
described in subsection (b).
    (b) Wheat Gluten Described.--Wheat gluten described in this
subsection is wheat gluten, whether or not dried, described in heading
1109.00 of the Harmonized Tariff Schedule of the United States, that is
imported directly or indirectly from any member country of the European
Union.
    (c) Applicability.--The rate of duty imposed under subsection (a)
shall apply to goods described in subsection (b) that are entered, or
withdrawn from warehouse for consumption, during the period beginning
on the date that is 15 days after the date of the enactment of this Act
and ending on whichever of the following dates occurs first with
respect to an investigation initiated under section 3:
            (1) The date the investigation is suspended pursuant to
        section 3(b)(2).
            (2) The date on which a final negative determination is
        made by the Commission pursuant to section 705 of the Tariff
        Act of 1930.
            (3) The date on which an order is issued pursuant to
        section 706 of such Act.
    (d) Refunds; Collections.--If the amount of the duty imposed under
this section is different from the amount of the cash deposit, bond, or
other security required for the countervailing duty imposed under a
countervailing duty order issued under section 706 of the Tariff Act of
1930 (19 U.S.C. 1671e) as a result of the investigation initiated under
section 3, such difference shall be refunded, released, or collected,
as the case may be, in accordance with section 707 of the Tariff Act of
1930 (19 U.S.C. 1671f).

SEC. 3. INITIATION OF INVESTIGATION.

    (a) In General.--Notwithstanding any other provision of law, not
later than 30 days after the date of the enactment of this Act, the
administering authority shall initiate an investigation pursuant to
section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with
respect to the importation and sales for importation into the United
States of wheat gluten described in section 2(b).
    (b) Application of Title VII of the Tariff Act of 1930.--
            (1) In general.--Except as otherwise provided in this Act,
        the provisions of title VII of the Tariff Act of 1930 (19
        U.S.C. 1671 et seq.) shall apply to the countervailing duty
        investigation initiated under subsection (a).
            (2) Termination or suspension of investigation.--
                    (A) Termination.--Subsections (a) and (k) of
                section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c
                (a) and (k)) shall not apply to the investigation
                initiated pursuant to subsection (a).
                    (B) Suspension.--The investigation initiated
                pursuant to subsection (a) may be suspended pursuant to
                subsection (b) or (c) of section 704 of such Act, if
                the requirements of such section 704 and subparagraph
                (C) are satisfied.
                    (C) Suspension of investigation procedure.--The
                requirements of this subparagraph are satisfied if, not
                less than 30 days before suspending the investigation,
                the administering authority--
                            (i) notifies the Committee on Finance of
                        the Senate, the Committee on Ways and Means of
                        the House of Representatives, the Commission,
                        and other parties to the investigation, of the
                        administering authority's intention to suspend
                        the investigation;
                            (ii) consults with such committees
                        regarding such suspension;
                            (iii) provides to such committees a copy of
                        the proposed agreement pursuant to which the
                        investigation is to be suspended, together with
                        an explanation of--
                                    (I) how the agreement will be
                                carried out and enforced;
                                    (II) how the agreement meets the
                                requirements of subsections (b), (c),
                                (d), and (e) of section 704 of the
                                Tariff Act of 1930; and
                                    (III) any action required of the
                                European Union; and
                            (iv) permits all interested parties to
                        submit comments and information for the record
                        before the date on which notice of suspension
                        of the investigation is published.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Administering authority.--The term ``administering
        authority'' has the meaning given such term by section 771(1)
        of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
            (2) Commission.--The term ``Commission'' means the United
        States International Trade Commission.

Output:
Emergency Wheat Gluten Act of 1996 - Impose
s a 25
 percent ad valorem duty on wheat gluten imported from European Union countries.
Directs the administering authority to initiate a countervailing duty investigation with respect to such wheat.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Courts of Appeals
Modernization Act''.

SEC. 2. ESTABLISHMENT.

    There is established a Commission on Structural Alternatives for
the Federal Courts of Appeals (in this Act referred to as the
``Commission'').

SEC. 3. MEMBERSHIP.

    (a) Composition.--The Commission shall be composed of 5 members who
shall be appointed by the Chief Justice of the United States.
    (b) Appointment.--The members of the Commission shall be appointed
not later than 30 days after the date of enactment of this Act.
    (c) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
    (d) Chair.--The Commission shall elect a chair and vice chair from
among its members.
    (e) Quorum.--Three members of the Commission shall constitute a
quorum.

SEC. 4. DUTIES.

    The Commission shall--
            (1) study the present division of the United States courts
        of appeals, with particular references to the United States
        Court of Appeals for the Ninth Circuit; and
            (2) submit to the President and Congress a report on the
        recommendations of the Commission with respect to changes in
        circuit boundaries or structure as may be appropriate for the
        expeditious and effective disposition of the caseload of the
        United States courts of appeals, consistent with fundamental
        concepts of fairness and due process.

SEC. 5. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to $300 for each day (including travel
time) during which such member is engaged in the performance of the
duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
    (b) Travel Expenses.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates not greater than those described in section 456 of title 28,
United States Code.

SEC. 6. STAFF.

    (a) Executive Director.--The Commission may appoint an executive
director who shall be compensated at a rate not greater than the daily
equivalent of the annual rate of basic pay prescribed for a position at
GS-15 of the General Schedule for each day (including travel time)
during which the executive director is engaged in the performance of
the duties of the Commission.
    (b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the compensation of such additional
personnel as the Executive Director determines necessary, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates, except that
a rate of pay fixed under this subsection may not exceed the annual
maximum rate of basic pay for a position above GS-15 of the General
Schedule under section 5108 of title 5, United States Code.
    (c) Experts and Consultants.--The Executive Director may procure by
contract the temporary or intermittent services of experts or
consultants in accordance with section 3109 of title 5, United States
Code, at rates for individuals that are not greater than the daily
equivalent of the annual rate of basic pay for a comparable position
paid under the General Schedule.
    (d) Services.--The Administrative Office of the United States
Courts shall provide administrative services, including financial and
budgeting services, to the Commission on a reimbursable basis. The
Federal Judicial Center shall provide necessary research services to
the Commission on a reimbursable basis.

SEC. 7. INFORMATION.

    The Commission is authorized to request from any department,
agency, or independent instrumentality of the United States any
information and assistance the Commission determines necessary to carry
out its functions under this Act. Each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.

SEC. 8. STUDY AND REPORT.

    (a) Study.--Not later than the 10-month period beginning on the
date on which a quorum of the Commission is present, the Commission
shall conclude a study on the issues described in section 4(1).
    (b) Report.--Not later than 60 days after the date on which the
period described in subsection (a) expires, the Commission shall submit
to the President and Congress the report described in section 4(1).

SEC. 9. TERMINATION.

    The Commission shall terminate 90 days after the Commission submits
the report described in section 8(b).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary
not to exceed $1,000,000 to carry out this Act, to remain available
until expended.

Output: Federal Courts of Appeals Modernization Act This bill establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the U.S. courts of appeals, with particular references to the U.S. Court of Appeals for the Ninth Circuit; and (2) submit to the President and Congress recommendations for changes in circuit boundaries or structure for the expeditious and effective disposition of the caseload of such courts. The commission shall be composed of five members appointed by the Chief Justice of the United States.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small, Safe Schools Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Research related to school size indicates that
        elementary and middle schools with 300-400 students, and
        secondary schools with 400-800 students, are more effective
        than schools with larger student populations.
            (2) Smaller school size promotes learning and improves
        students' grades and test scores, especially for ethnic
        minority and low income students. Smaller school size has been
        found to be the second most important factor, after high
        socioeconomic status, in creating positive educational
        outcomes.
            (3) Students who attend smaller schools have more positive
        personal and academic self-concepts. Students and staff at
        smaller schools have a stronger sense of personal efficacy, and
        the students take more of the responsibility for their own
        learning, which includes more individualized and experimental
        learning relevant to the world outside of school.
            (4) Studies on school dropout rates show a decrease in the
        rates as schools get smaller.
            (5) Creating smaller schools and smaller learning
        communities within larger schools promotes school safety.
        Behavioral problems, including truancy, classroom disruption,
        vandalism, aggressive behavior, theft, substance abuse, and
        gang participation are greater in larger schools. Teachers in
        smaller schools learn of disagreements between students and can
        resolve problems before problems become severe.
            (6) School size plays a very important role in shaping the
        kinds of social relationships that form within schools. Smaller
        schools and learning communities reduce the isolation that
        causes violence. Smaller schools allow students to form closer
        relationships with their teachers and create a sense of
        ownership and belonging to their school. Young people who feel
        more connected to their school are less likely to be involved
        in violence. Smaller schools and learning communities are
        especially effective in reducing the types of violence parents
        fear most, particularly gang activity and serious violent
        incidents.
            (7) Students in smaller schools are less likely to have
        problems with drugs or alcohol.
            (8) Based on studies of secondary school violence,
        researchers have concluded that the first step in ending school
        violence must be to break through the impersonal atmosphere of
        larger secondary schools by creating smaller communities of
        learning within larger structures, where students and teachers
        can come to know each other well.
            (9) Research demonstrates that students attending smaller
        schools are more likely to participate in extracurricular
        activities. The students are also involved in a greater variety
        of activities, while students in larger schools tend to be
        polarized into a group that participates and a group that does
        not participate in any extracurricular activities. Because
        everyone in smaller schools is needed to populate teams,
        offices, and clubs, even shy and less able students are
        encouraged to participate and given a sense of belonging.
            (10) Larger schools contribute to negative teacher
        attitudes and low staff morale.
            (11) Smaller schools can be established cost effectively.
        Larger schools can be more expensive because the sheer size of
        the larger schools requires more administrative support. More
        importantly, additional bureaucracy translates into less
        flexibility and innovation.

SEC. 3. SMALL SCHOOLS AND SMALLER LEARNING COMMUNITIES.

    Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:

        ``Part L--Small Schools and Smaller Learning Communities

``SEC. 10995. DEFINITIONS.

    ``In this part:
            ``(1) Eligible applicant.--The term `eligible applicant'
        means a local educational agency, an elementary school, a
        secondary school, or a Bureau funded school (as defined in
        section 1146(3) of this Act (25 U.S.C. 2026(3))) that is
        working independently or in partnership with other public
        agencies or private non-profit organizations.
            ``(2) Small school.--The term `small school' means a
        school--
                    ``(A) that has few enough students and teachers so
                that all teachers are able to know all students, and
                has a maximum student population of--
                            ``(i) 350 students in the case of an
                        elementary school; and
                            ``(ii) 400 to 800 students in the case of a
                        secondary school;
                    ``(B) in which teachers coordinate and cooperate in
                developing and implementing curricula;
                    ``(C) in which a sense of shared leadership and
                ownership among teachers, administrators, and staff
                exists; and
                    ``(D) in which parents are considered a valued part
                of the educational team.
            ``(3) Smaller learning community.--The term `smaller
        learning community' means a cohesive unit that--
                    ``(A) exists within a larger school; and
                    ``(B) meets the requirements of subparagraphs (B)
                through (D) of paragraph (2).

``SEC. 10996. SMALLER LEARNING COMMUNITIES.

    ``(a) Grants Authorized.--The Secretary is authorized to award
grants to eligible applicants to enable eligible applicants to carry
out the authorized activities described in subsection (c).
    ``(b) Applications.--Each eligible applicant desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may require. Each such application shall describe--
            ``(1) strategies and methods the eligible applicant will
        use to create the smaller learning community;
            ``(2) curriculum and instructional practices, including any
        particular themes or emphases, to be used in the learning
        environment;
            ``(3) the extent of involvement of teachers and other
        school personnel in investigating, designing, implementing, and
        sustaining the smaller learning community;
            ``(4) the process to be used for involving students,
        parents, and other stakeholders in the development and
        implementation of the smaller learning community;
            ``(5) any cooperation or collaboration among community
        agencies, organizations, businesses, and others to develop or
        implement a plan to create the smaller learning community;
            ``(6) the training and professional development activities
        that will be offered to teachers and others involved in the
        activities assisted under this section;
            ``(7) the goals and objectives of the activities assisted
        under this section, including a description of how such
        activities will better enable all students to reach challenging
        State content standards and State student performance
        standards;
            ``(8) the methods by which the eligible applicant will
        assess progress in meeting such goals and objectives;
            ``(9) if the smaller learning community exists as a school-
        within-a-school, the relationship, including governance and
        administration, of the smaller learning community to the rest
        of the school;
            ``(10) a description of the administrative and managerial
        relationship between the eligible applicant and the smaller
        learning community, including how such eligible applicant will
        demonstrate a commitment to the continuity of the smaller
        learning community, including the continuity of student and
        teacher assignment to a particular learning community;
            ``(11) how the eligible applicant will coordinate or use
        funds provided under this section with other funds provided
        under this Act or other Federal laws;
            ``(12) grade levels or ages of students who will
        participate in the smaller learning community; and
            ``(13) the method of placing students in the smaller
        learning community, such that students are not placed according
        to ability, performance, or any other measure, so that students
        are placed at random or by their own choice, not pursuant to
        testing or other judgments.
    ``(c) Authorized Activities.--Funds under this section may be
used--
            ``(1) to study the feasibility of creating the smaller
        learning community as well as effective and innovative
        organizational and instructional strategies that will be used
        in the smaller learning community;
            ``(2) to research, develop, and implement strategies for
        creating the smaller learning community, as well as effective
        and innovative changes in curriculum and instruction, geared to
        high State content standards and State student performance
        standards;
            ``(3) to provide professional development for school staff
        in innovative teaching methods that challenge and engage
        students and will be used in the smaller learning community;
        and
            ``(4) to develop and implement strategies to include
        parents, business representatives, local institutions of higher
        education, community-based organizations, and other community
        members in the smaller learning communities as facilitators of
        activities that enable teachers--
                    ``(A) to participate in professional development
                activities; and
                    ``(B) to provide links between students and their
                community.
    ``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2000
and such sums as may be necessary for each of the 3 succeeding fiscal
years.

``SEC. 10997. TECHNICAL ASSISTANCE.

    ``(a) Technical Assistance.--The Secretary is authorized to provide
technical assistance to eligible applicants seeking to create smaller
learning communities in the elementary schools or secondary schools
served by the eligible applicants.
    ``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,500,000 for fiscal year 2001
and such sums as may be necessary for each of the 3 succeeding fiscal
years.

``SEC. 10998. SCHOOL CONSTRUCTION AND RENOVATION.

    ``(a) Grants Authorized.--The Secretary is authorized to award
grants to eligible applicants to enable the eligible applicants to
carry out construction described in paragraph (c), or renovation
described in paragraph (d), of elementary schools or secondary schools.
    ``(b) Applications.--
            ``(1) In general.--Each eligible applicant desiring a grant
        under this section shall submit an application to the Secretary
        at such time, in such manner, and accompanied by such
        information as the Secretary may require.
            ``(2) Increasing the number of small schools and smaller
        learning environments.--Each such application shall describe
        how the construction or renovation assisted under this section
        will enable more students to be educated in a small school or
        smaller learning environment than would otherwise be possible
        without funds made available under this section.
            ``(3) Priority.--The Secretary shall give priority to an
        application submitted under this subsection that demonstrates--
                    ``(A) that the eligible applicant is located in an
                area densely populated with school-aged children; or
                    ``(B) that more students will be educated in the
                small school or smaller learning environment than would
                otherwise be possible without funds made available
                under this section.
    ``(c) Construction.--The Secretary shall only award grants under
subsection (a) for construction of elementary schools or secondary
schools that have the following maximum student capacities:
            ``(1) 350 students in the case of an elementary school.
            ``(2) 400 students in the case of a middle school.
            ``(3) 800 students in the case of a secondary school.
    ``(d) Renovation.--The Secretary shall only award a grant under
subsection (a) for renovation of an elementary school or a secondary
school, that has the maximum student capacity described in subsection
(b), related to the creation of small schools, or smaller learning
environments, within a larger school.
    ``(e) Report.--Each recipient of funds under this section shall
provide the Secretary with an annual report that contains a capital
budget for the construction or renovation to be assisted under this
section. Such report shall include a description of--
            ``(1) the proposed uses for grant funds authorized under
        this section; and
            ``(2) the actual uses of grant funds received under this
        section in a preceding year.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2000
and such sums as may be necessary for each of the 3 succeeding fiscal
years.''.

Output:
Authorizes the Secretary of Education to award to local educational agencies, elementary or secondary schools, and schools funded by the Bureau of Indian Affairs: (1) grants for certain activities relating to smaller learning communities; (2) technical assistance in creating smaller learning communities in schools; and (3) grants for construction or renovation of elementary, middle, and secondary schools with specified maximum student capacities.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Remedies for Refusal of Repatriation
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Foreign Relations of the
                Senate;
                    (B) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Foreign Affairs of the House
                of Representatives;
                    (E) the Committee on Homeland Security of the House
                of Representatives; and
                    (F) the Committee on the Judiciary of the House of
                Representatives.
            (2) Crime of violence.--The term ``crime of violence'' has
        the meaning given that term in section 16 of title 18, United
        States Code.
            (3) Felony.--The term ``felony'' means--
                    (A) a crime classified as a felony in the
                convicting jurisdiction, excluding State or local
                offenses for which an essential element was the alien's
                immigration status; or
                    (B) in the case of an offense under section 276 of
                the Immigration and Nationality Act (8 U.S.C. 1326), or
                other Federal immigration-related offense that the
                Secretary may designate by regulation, an offense for
                which the term of imprisonment imposed on the defendant
                exceeded 1 year.

SEC. 3. REMEDIES FOR SYSTEMATIC REFUSAL OF REPATRIATION.

    (a) Criteria for Systematic Refusal or Delay.--Not later than 60
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall establish procedures for determining whether
the government of a foreign country systematically and unreasonably
refuses or delays the repatriation of nationals of such country who--
            (1) have been ordered removed from the United States; and
            (2)(A) have been convicted of a felony;
            (B) have been convicted of a crime of violence; or
            (C) are a threat to national security or public safety.
    (b) Requirements for Inclusion on Refusal or Delay List.--A country
shall be deemed to systematically and unreasonably refuse or delay the
repatriation of its nationals if--
            (1) the country refuses--
                    (A) to repatriate an individual described in
                subsection (a) who has been ordered removed
                notwithstanding the designation of such country as the
                place to which the individual is to be removed by the
                United States under section 241(b) of the Immigration
                and Nationality Act (8 U.S.C. 1231(b)); and
                    (B)(i) to secure and analyze all documents within
                its control that could tend to identify the nationality
                of such individual; or
                    (ii) to ensure that a government official capable
                of determining that such individual is a national of
                such country interviews such individual and, if
                additional evidence is needed, such individual's
                family; or
            (2) other factors indicate that the country systematically
        and unreasonably refuses or delays the repatriation of
        nationals of such country who are described in subsection (a)
        and have been ordered removed to such country by the United
        States.
    (c) Notification Requirements.--Upon determining that a country
systematically and unreasonably refuses or delays repatriation of its
nationals--
            (1) the Secretary of Homeland Security shall notify the
        Secretary of State of such determination in writing not later
        than 5 days after such determination; and
            (2) the Secretary of State and the Secretary of Homeland
        Security shall--
                    (A) meet concurrently with representatives of the
                foreign government in the United States and in the
                foreign country about such determination; and
                    (B) notify such representatives that the United
                States may discontinue issuance of visas to nationals
                of such country under section 243(d) of the Immigration
                and Nationality Act (8 U.S.C. 1253(d)).
    (d) Discontinuance of Visas.--In furtherance of section 243(d) of
the Immigration and Nationality Act (8 U.S.C. 1253) and except as
provided under subsection (e), if a country described in subsection (c)
continues to systematically and unreasonably refuse or delay the
repatriation of its nationals described in subsection (a) after
receiving notification under subsection (c)(2)(B)--
            (1) the Secretary of Homeland Security shall notify the
        Secretary of State that the country meets the criteria
        described in section 243(d) of the Immigration and Nationality
        Act (8 U.S.C. 1253(d)); and
            (2) the Secretary of State shall discontinue the issuance
        of visas in accordance with such section.
    (e) Exception.--If the Secretary of Homeland Security determines
that it is not in the interests of the United States to discontinue the
issuance of visas to nationals of a country described in subsection
(d), the Secretary of Homeland Security shall submit to the appropriate
committees of Congress a report documenting the reasons for such
determination.
    (f) Public Dissemination of Information.--The Secretary of Homeland
Security and the Secretary of State shall list countries that
systematically and unreasonably refuse or delay repatriation of their
nationals described in subsection (a) on the Web sites of their
respective departments.
    (g) Reports to Congress.--Not later than March 1 of each year, the
Secretary of Homeland Security and the Secretary of State shall jointly
submit to the appropriate committees of Congress a report that--
            (1) identifies the countries that met the criteria
        developed pursuant to subsection (a) in the previous calendar
        year;
            (2) describes the actions taken by the Secretary of
        Homeland Security and the Secretary of State after determining
        that a country met the criteria developed pursuant to
        subsection (a);
            (3) identifies the countries included in the notifications
        described in subsections (c) and (d) and the actions taken by
        the Secretary of State as a result of such notifications;
            (4) identifies the countries that do not meet the criteria
        described in subsection (b), but have refused or delayed the
        repatriation of their nationals; and
            (5) describes the actions taken by the Secretary of
        Homeland Security and the Secretary of State with respect to
        the countries described in paragraph (4).

Output: Remedies for Refusal of Repatriation Act This bill requires the Department of Homeland Security (DHS) to establish procedures for determining whether a foreign government systematically and unreasonably refuses or delays the repatriation of its nationals who: (1) have been ordered removed from the United States; and (2) have been convicted of a felony or a crime of violence or are a threat to national security or public safety. Upon determining that a country does refuse or delay repatriation of its nationals, DHS shall notify the Department of State and the two departments shall meet with the country's representatives and notify them that the United States may deny visas to their nationals.  If the country continues to refuse or delay the repatriation of its nationals, the State Department shall discontinue the issuance of visas, unless DHS determines that such discontinuance is not in U.S. interests.  DHS and the State Department shall list such countries on their websites.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Raising Employment in Affordable
Communities and Homes Act of 2013'' or the ``REACH Act of 2013''.

SEC. 2. SECTION 3 ACTION PLANS.

    Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
            (1) by redesignating subsections (e), (f), and (g) as
        subsections (f), (g), and (h), respectively; and
            (2) by inserting after subsection (d) the following new
        subsection:
    ``(e) Action Plans.--
            ``(1) Public housing and indian housing assistance.--
                    ``(A) Public housing agencies.--
                            ``(i) In general.--Except as provided in
                        clause (ii), a public housing agency may not be
                        provided any development assistance pursuant to
                        section 5 of the United States Housing Act of
                        1937 (42 U.S.C. 1437c), or assistance from the
                        Operating Fund or Capital Fund under section 9
                        of the United States Housing Act of 1937 (42
                        U.S.C. 1437g), for any fiscal year unless the
                        agency prepares an action plan under this
                        subsection that describes activities to be
                        carried out in accordance subsections (c) and
                        (d) of this section during such fiscal year.
                            ``(ii) Inapplicability to qualified public
                        housing agencies.--Clause (i) shall not apply
                        to any qualified public housing agency, as such
                        term is defined in section 5A(b)(3)(C) of the
                        United States Housing Act of 1937 (42 U.S.C.
                        1437c-1(b)(3)(C)).
                    ``(B) Indian tribes.--
                            ``(i) In general.--Except as provided in
                        clause (ii), an Indian tribe or tribally
                        designated housing entity (as such terms are
                        defined in section 4 of the Native American
                        Housing Assistance and Self-Determination Act
                        of 1996 (25 U.S.C. 4103)) may not be provided
                        any grant amounts under such Act for any
                        program year unless the tribe or entity
                        prepares an action plan under this subsection
                        that describes activities to be carried out in
                        accordance subsections (c) and (d) of this
                        section during such fiscal year.
                            ``(ii) Inapplicability.--Clause (i) shall
                        not apply to any recipient of grant amounts
                        under the Native American Housing Assistance
                        and Self-Determination Act of 1996 for which
                        the sum of--
                                    ``(I) the number of affordable
                                housing dwelling units administered by
                                such recipient and assisted with such
                                grant amounts, and
                                    ``(II) the number of households
                                provided tenant-based rental assistance
                                with such grant amounts by such
                                recipient,
                        is 550 or fewer.
                    ``(C) Incorporation in annual plan.--Such an action
                plan for a year shall be incorporated--
                            ``(i) in the case of a public housing
                        agency, in the annual plan under section 5A of
                        such Act (42 U.S.C. 1437c-1) for the agency for
                        such fiscal year; and
                            ``(ii) in the case of an Indian tribe or
                        tribally designated housing entity, the Indian
                        housing plan under section 102 of the Native
                        American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 4112) for
                        the tribe for the program year.
                    ``(D) Retroactive funding.--Funds may be provided
                to any public housing agency, and to any Indian tribe
                or tribally designated housing entity, retroactively
                upon the development and inclusion of an action plan
                under this subsection in an agency's annual plan, or
                the tribe's or tribally designated housing entity's
                Indian housing plan, respectively.
            ``(2) Other programs.--The Secretary shall require that
        each application for housing and community development
        assistance in an amount exceeding $200,000 shall include an
        action plan under this subsection that describes activities to
        be carried out in accordance subsections (c) and (d) of this
        section.
            ``(3) Content.--An action plan under this subsection for a
        public housing agency, for an Indian tribe or tribally
        designated housing entity, or for a recipient of housing and
        community development assistance, shall specify the agency's,
        tribe's or entity's, or recipient's--
                    ``(A) intended outreach efforts under this section
                within the community;
                    ``(B) planned training programs;
                    ``(C) relevant employment opportunities under this
                section; and
                    ``(D) timeline for planned implementation under
                this section.
            ``(4) Oversight.--The Secretary shall take such actions as
        may be necessary to review the implementation of annual action
        plans under this subsection.
            ``(5) Penalties.--The Secretary may establish and impose
        penalties for public housing agencies, Indian tribes and
        tribally designated housing entities, recipients of housing and
        community development assistance that do not comply with their
        action plans to the satisfaction of the Secretary. Such
        penalties may include--
                    ``(A) in the case of a public housing agency, or
                tribe or tribally designated housing entity,
                withholding of assistance from the Department until
                compliance is achieved; and
                    ``(B) in the case of recipients of housing and
                community development assistance--
                            ``(i) enforcement actions through the
                        Departmental Enforcement Center of the
                        Department of Housing and Urban Development;
                            ``(ii) withholding future assistance
                        payments;
                            ``(iii) a flag in the Active Partners
                        Performance System; and
                            ``(iv) rejection of any further
                        applications for assistance from the Department
                        until compliance is achieved.
            ``(6) Authorization of appropriation.--There are authorized
        to be appropriated such sums as may be necessary to carry out
        this subsection.''.

SEC. 3. EFFECTIVE DATE.

    The amendment under section 2 shall take effect upon the expiration
of the 90-day period beginning on the date of the enactment of this
Act.

Output: Raising Employment in Affordable Communities and Homes Act of 2013 or REACH Act of 2013 - Amends the Housing and Urban Development Act of 1968 with respect to providing economic opportunities for low- and very low-income persons, particularly recipients of federal assistance for housing. Prohibits any assistance to a public housing agency (PHA) under the United States Housing Act of 1937 for any fiscal year for low-income housing projects (development assistance), or assistance from the Operating Fund or Capital Fund under the same Act, unless the PHA prepares an action plan describing activities that will: (1) provide such individuals the training and employment opportunities generated by such assistance, and (2) award contracts for work in connection with such assistance to business concerns that also provide economic opportunities for such individuals. Waives this prohibition for any qualified PHA: (1) the sum of the public housing dwelling units it administers, and the number of tenant-based rental assistance vouchers it administers, is 550 or fewer; and (2) that is not a troubled PHA, and does not have a failing score under the Section 8 Management Assessment Program during the prior 12 months. Prohibits an Indian tribe or tribally designated housing entity (as defined in the Native American Housing Assistance and Self-Determination Act of 1996) from providing any grant amounts under the Act for any program year unless the tribe or entity prepares an action plan meeting the same criteria. Waives this prohibition for any recipient of such grant amounts for which the sum of the affordable housing dwelling units it administers and the number of households provided tenant-based rental assistance with such grant amounts, is 550 or fewer. Requires incorporation of the yearly action plan in: (1) a PHA's annual plan for the fiscal year, or (2) an Indian tribe's (or designated entity's) Indian housing plan for the program year. Allows retroactive funding to any PHA, Indian tribe, or tribally designated entity upon the development and inclusion of an action plan in the PHA's annual plan or the tribe's or tribal entity's Indian housing plan. Directs the Secretary to require that each application for housing and community development assistance exceeding $200,000 include an action plan. Authorizes the Secretary to establish and impose penalties for PHAs, Indian tribes and tribally designated entities, and recipients of housing and community development assistance that do not comply with their action plans to the Secretary's satisfaction.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Atlantic Fisheries
Convention Act of 1993''.

SEC. 2. REPRESENTATION OF UNITED STATES UNDER CONVENTION.

    (a) Commissioners.--
            (1) Appointments, generally.--The Secretary shall appoint
        not more than three individuals to serve as the representatives
        of the United States on the General Council and the Fisheries
        Commission, who shall each--
                    (A) be known as a ``United States Commissioner to
                the Northwest Atlantic Fisheries Organization''; and
                    (B) serve at the pleasure of the Secretary.
            (2) Requirements for appointments.--
                    (A) The Secretary shall ensure that of the
                individuals serving as Commissioners.--
                            (i) at least one is appointed from among
                        representatives of the commercial fishing
                        industry; and
                            (ii) one (but no more than one) is an
                        official of the Government.
                    (B) The Secretary may not appoint as a Commissioner
                an individual unless the individual is knowledgeable
                and experienced concerning the fishery resources to
                which the Convention applies.
            (3) Terms.--
                    (A) The term of an individual as a Commissioner--
                            (i) shall be specified by the Secretary at
                        the time of appointment; and
                            (ii) may not exceed four years.
                    (B) An individual who is not a Government official
                may not serve more than two consecutive terms as a
                Commissioner.
    (b) Alternate Commissioners.--
            (1) Appointment.--The Secretary may, for any anticipated
        absence of a duly appointed Commissioner at a meeting of the
        General Council or the Fisheries Commission, designate an
        individual to serve as an Alternate Commissioner.
            (2) Functions.--An Alternate Commissioner may exercise all
        powers and perform all duties of the Commissioner for whom the
        Alternate Commissioner is designated, at any meeting of the
        General Council or the Fisheries Commission for which the
        Alternate Commissioner is designated.
    (c) Representatives.--
            (1) Appointment.--The Secretary shall appoint not more than
        three individuals to serve as the representatives of the United
        States on the Scientific Council, who shall each be known as a
        ``United States Representative to the Northwest Atlantic
        Fisheries Organization Scientific Council''.
            (2) Eligibility for appointment.--
                    (A) The Secretary may not appoint an individual as
                a Representative unless the individual is knowledgeable
                and experienced concerning the scientific issues dealt
                with by the Scientific Council.
                    (B) The Secretary shall appoint as a Representative
                at least one individual who is an official of the
                Government.
            (3) Term.--An individual appointed as a Representative--
                    (A) shall serve for a term of not to exceed four
                years, as specified by the Secretary at the time of
                appointment;
                    (B) may be reappointed; and
                    (C) shall serve at the pleasure of the Secretary.
    (d) Alternate Representatives.--
            (1) Appointment.--The Secretary may, for any anticipated
        absence of a duly appointed Representative at a meeting of the
        Scientific Council, designate an individual to serve as an
        Alternate Representative.
            (2) Functions.--An Alternate Representative may exercise
        all powers and perform all duties of the Representative for
        whom the Alternate Commissioner is designated, at any meeting
        of the Scientific Council for which the Alternate
        Representative is designated.
    (e) Experts and Advisers.--The Commissioners, Alternate
Commissioners, Representatives, and Alternate Representatives may be
accompanied at meetings of the Organization by experts and advisers.
    (f) Coordination and Consultation.--
            (1) In general.--In carrying out their functions under the
        Convention, Commissioners, Alternate Commissioners,
        Representatives, and Alternate Representatives shall--
                    (A) coordinate with the appropriate Regional
                Fishery Management Councils established by section 302
                of the Magnuson Act (16 U.S.C. 1852); and
                    (B) consult with the committee established under
                section 9.
            (2) Relationship to other law.--The Federal Advisory
        Committee Act (5 U.S.C. App.) shall not apply to coordination
        and consultations under this subsection.

SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE.

    (a) Restriction.--The Representatives may not make a request or
specification described in subsection (b)(1) or (2), respectively,
unless the Representatives have first--
            (1) consulted with the appropriate Regional Fishery
        Management Councils; and
            (2) received the consent of the Commissioners for that
        action.
    (b) Requests and Terms of Reference Described.--The requests and
specifications referred to in subsection (a) are, respectively--
            (1) any request, under Article VII(1) of the Convention,
        that the Scientific Council consider and report on a question
        pertaining to the scientific basis for the management and
        conservation of fishery resources in waters under the
        jurisdiction of the United States within the Convention Area;
        and
            (2) any specification, under Article VIII(2) of the
        Convention, of the terms of reference for the consideration of
        a question referred to the Scientific Council pursuant to
        Article VII(1) of the Convention.

SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.

    The Secretary of State may, on behalf of the Government of the
United States--
            (1) receive and transmit reports, requests,
        recommendations, proposals, and other communications of and to
        the Organization and its subsidiary organs;
            (2) object, or withdraw an objection, to the proposal of
        the Fisheries Commission;
            (3) give or withdraw notice of intent not to be bound by a
        measure of the Fisheries Commission;
            (4) object or withdraw an objection, to an amendment to the
        convention; and
            (5) act upon, or refer to any other appropriate authority,
        any other communication referred to in paragraph (1).

SEC. 5. INTERAGENCY COOPERATION.

    (a) Authorities of Secretary.--In carrying out the provisions of
the Convention and this Act, the Secretary may arrange for cooperation
with other agencies of the United States, the States, the New England
Fishery Management Council, and private institutions and organizations.
    (b) Other Agencies.--The head of any Federal agency may--
            (1) cooperate in the conduct of scientific and other
        programs, and furnish facilities and personnel, for the
        purposes of assisting the Organization in carrying out its
        duties under the Convention; and
            (2) accept reimbursement from the Organization for
        providing such services, facilities, and personnel.

SEC. 6. RULEMAKING.

    The Secretary shall promulgate regulations as may be necessary to
carry out the purposes and objectives of the Convention and this Act.
Any such regulation may be made applicable, as necessary, to all
persons and all vessels subject to the jurisdiction of the United
States, wherever located.

SEC. 7. PROHIBITED ACTS AND PENALTIES.

    (a) Prohibition.--It is unlawful for any person or vessel that is
subject to the jurisdiction of the United States--
            (1) to violate any regulation issued under this Act or any
        measure that is legally binding on the United States under the
        Convention;
            (2) to refuse to permit any authorized enforcement officer
        to board a fishing vessel that is subject to the person's
        control for purposes of conducting any search or inspection in
        connection with the enforcement of this Act, any regulation
        issued under this Act, or any measure that is legally binding
        on the United States under the Convention;
            (3) forcibly to assault, resist, oppose, impede,
        intimidate, or interfere with any authorized enforcement
        officer in the conduct of any search or inspection described in
        paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by
        this section;
            (5) to ship, transport, offer for sale, sell, purchase,
        import, export, or have custody, control, or possession of, any
        fish taken or retained in violation of this section; or
            (6) to interfere with, delay, or prevent, by any means, the
        apprehension or arrest of another person, knowing that the
        other person has committed an act prohibited by this section.
    (b) Civil Penalty.--Any person who commits any act that is unlawful
under subsection (a) shall be liable to the United States for a civil
penalty, or may be subject to a permit sanction, under section 308 of
the Magnuson Act (16 U.S.C. 1858).
    (c) Criminal Penalty.--Any person who commits an act that is
unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall
be guilty of an offense punishable under section 309(b) of the Magnuson
Act (16 U.S.C. 1859(b)).
    (d) Civil Forfeiture.--
            (1) In general.--Any vessel (including its gear, furniture,
        appurtenances, stores, and cargo) used in the commission of an
        act that is unlawful under subsection (a), and any fish (or the
        fair market value thereof) taken or retained, in any manner, in
        connection with or as a result of the commission of any act
        that is unlawful under subsection (a), shall be subject to
        seizure and forfeiture as provided in section 310 of the
        Magnuson Act (16 U.S.C. 1860).
            (2) Disposal of fish.--Any fish seized pursuant to this Act
        may be disposed of pursuant to the order of a court of
        competent jurisdiction or, if perishable, in a manner
        prescribed by regulations issued by the Secretary.
    (e) Enforcement.--The Secretary and the Secretary of the Department
in which the Coast Guard is operating shall enforce the provisions of
this Act and shall have the authority specified in sections 311(a),
(b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and
(c)) for that purpose.
    (f) Jurisdiction of Courts.--The district courts of the United
States shall have exclusive jurisdiction over any case or controversy
arising under this section and may, at any time--
            (1) enter restraining orders or prohibitions;
            (2) issue warrants, process in rem, or other process;
            (3) prescribe and accept satisfactory bonds or other
        security; and
            (4) take such other actions as are in the interests of
        justice.

SEC. 8. UNITED STATES-CANADA FISHERY MANAGEMENT AGREEMENT.

    (a) Negotiations.--Not later than one hundred and eighty days after
the date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce and the Committee
established under section 9, is authorized and encouraged to initiate
negotiations with the Government of Canada for the purpose of entering
into an international fishery agreement with Canada for the
conservation and management of fisheries of mutual concern in the
northwest Atlantic Ocean, with particular emphasis on transboundary
stocks of groundfish and ensuring the success of New England groundfish
restoration efforts pursuant to the Magnuson Act.
    (b) Contents of Agreement.--An agreement entered into pursuant to
this section shall--
            (1) provide for timely and periodic exchanges of scientific
        information relating to the conservation and management of
        fisheries stocks of mutual concern;
            (2) provide for routine meetings between the officials of
        the United States and Canada responsible for the conservation
        and management of fisheries;
            (3) establish procedures for the identification of
        conservation and management measures that would be mutually
        beneficial; and
            (4) identify procedures for the implementation within each
        country of conservation and management measures identified as
        mutually beneficial.
    (c) Application of Existing Law.--An agreement entered into
pursuant to this section shall be subject to section 203 of the
Magnuson Act (16 U.S.C. 1823).
    (d) Letter.--Not later than one year after the date of enactment of
this Act, and annually thereafter until the effective date of an
agreement entered into pursuant to this section, the Secretary of State
shall transmit to the Congress a letter describing activities of the
Secretary under this section.

SEC. 9. CONSULTATIVE COMMITTEE.

    (a) Establishment.--The Secretary of State and the Secretary of
Commerce, shall jointly establish a consultative committee to advise
the Secretaries on issues related to the Convention and in the
development and implementation of a fishery agreement pursuant to
section 8.
    (b) Membership.--(1) The membership of the Committee shall include
representatives from the New England Fishery Management Council, the
States represented on that Council, the Atlantic States Marine
Fisheries Commission, the fishing industry, the seafood processing
industry, and others knowledgeable and experienced in the conservation
and management of fisheries in the Northwest Atlantic Ocean.
    (2) Terms and Reappointment.--Each member of the consultative
committee shall serve for a term of two years and shall be eligible for
reappointment.
    (c) Duties of the Committee.--
            (1) Northwest atlantic fisheries organization.--Members of
        the consultative committee may attend--
                    (A) all public meetings of the General Council or
                the Fisheries Commission;
                    (B) any other meetings to which they are invited by
                the General Council or the Fisheries Commission; and
                    (C) all nonexecutive meetings of the United States
                Commissioners.
            (2) United states-canada fisheries management agreement.--
        Members of the consultative committee shall advise the the
        Secretaries on any agreements established under section 8.
    (d) Relationship to Other Law.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the consultative committee
established under this section.

SEC. 10. ADMINISTRATIVE MATTERS.

    (a) Prohibition on Compensation.--A person shall not receive any
compensation from the Government by reason of any service of the person
as--
            (1) a Commissioner, Alternate Commissioner, Representative,
        or Alternative Representative;
            (2) an expert or adviser authorized under section 2(e); or
            (3) a member of the consultative committee established by
        section 9.
    (b) Travel and Expenses.--The Secretary of State shall, subject to
the availability of appropriations, pay all necessary travel and other
expenses of persons described in subsection (a)(1) and of not more than
six experts and advisers authorized under section 2(e) with respect to
their actual performance of their official duties pursuant to this Act,
in accordance with the Federal Travel Regulations and sections 5701,
5702, 5704 through 5708, and 5731 of title 5, United States Code.
    (c) Status as Federal Employees.--A person shall not be considered
to be a Federal employee by reason of any service of the person in a
capacity described in subsection (a), except for purposes of injury
compensation and tort claims liability under chapter 81 of title 5,
United States Code, and chapter 17 of title 28, United States Code,
respectively.

SEC. 11. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Authorized enforcement officer.--The term ``authorized
        enforcement officer'' means a person authorized to enforce this
        Act, any regulation issued under this Act, or any measure that
        is legally binding on the United States under the Convention.
            (2) Commissioner.--The term ``Commissioner'' means a United
        States Commissioner to the Northwest Atlantic Fisheries
        Organization appointed under section 2(a).
            (3) Convention.--The term ``Convention'' means the
        Convention on Future Multilateral Cooperation in the Northwest
        Atlantic Fisheries, done at Ottawa on October 24, 1978.
            (4) Fisheries commission.--The term ``Fisheries
        Commission'' means the Fisheries Commission provided for by
        Articles II, XI, XII, XIII, and XIV of the Convention.
            (5) General council.--The term ``General Council'' means
        the General Council provided for by Article II, III, IV, and V
        of the Convention.
            (6) Magnuson act.--The term ``Magnuson Act'' means the
        Magnuson Fishery Conservation and Management Act (16 U.S.C.
        1801 et seq.).
            (7) Organization.--The term ``Organization'' means the
        Northwest Atlantic Fisheries Organization provided for by
        Article II of the Convention.
            (8) Person.--The term ``person'' means any individual
        (whether or not a citizen or national of the United States),
        and any corporation, partnership, association, or other entity
        (whether or not organized or existing under the laws of any
        State).
            (9) Representative.--The term ``Representative'' means a
        United States Representative to the Northwest Atlantic
        Fisheries Scientific Council appointed under section 2(c).
            (10) Scientific council.--The term ``Scientific Council''
        means the Scientific Council provided for by Articles II, VI,
        VII, VIII, IX, and X of the Convention.
            (11) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act,
including use for payment as the United States contribution to the
Organization as provided in Article XVI of the Convention, $500,000 for
each of the fiscal years 1994, 1995, and 1996.

HR 3058 IH----2

Output:
Northwest Atlantic Fisheries Convention Act of 1993 - Provides for the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, including regarding:  (1) appointment of U.S. representatives and alternate representatives as Commissioners and on the Scientific Council; (2) handling of requests for scientific advice; (3) the authorities of the Secretary of State; and (4) cooperation between various agencies, private institutions, and organizations.
Makes certain actions unlawful, including:  (1) violating any regulation issued under this Act or any measure legally binding on the United States under the Convention; (2) resisting, impeding, intimidating, or interfering with certain actions; and (3) transporting, selling, or possessing fish taken in violation of these provisions.  Provides for:  (1) civil and criminal penalties, permit sanctions, and forfeiture of vessels, cargo, and fish; (2) enforcement by the Coast Guard; and (3) U.S. district court exclusive jurisdiction.
Authorizes and encourages the Secretary of State to initiate negotiations with the Government of Canada toward an international fishery agreement for the conservation and management of fisheries of mutual concern in the northwest Atlantic Ocean.
Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention and the agreement with Canada.
Authorizes appropriations.