Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farm-to-Fuel Investment Act of
2007''.

SEC. 2. BIOENERGY TRANSITION ASSISTANCE.

    (a) Definitions.--Section 9003(b) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8103(b)) is amended--
            (1) by redesignating paragraphs (2) through (4) as
        paragraphs (5) through (7), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Bioenergy crop.--
                    ``(A) In general.--The term `bioenergy crop'
                means--
                            ``(i) a perennial plant that can be used as
                        feedstock for bioenergy production; or
                            ``(ii) an annual plant that--
                                    ``(I) can be used as feedstock for
                                bioenergy production; and
                                    ``(II) is grown in a resource-
                                conserving crop rotation.
                    ``(B) Exclusions.--The term `bioenergy crop' does
                not include--
                            ``(i) any crop that is eligible for any
                        payments under title I; or
                            ``(ii) any plant that--
                                    ``(I) the Secretary determines to
                                be invasive or noxious; or
                                    ``(II) has the potential to become
                                invasive or noxious, as determined by
                                the Secretary, in consultation with the
                                United States Fish and Wildlife Service
                                or a State conservation agency.
            ``(3) Bioenergy cropshed.--The term `bioenergy cropshed'
        means a bioenergy cropshed designated by the Secretary under
        subsection (g)(1).
            ``(4) Bioenergy producer.--The term `bioenergy producer'
        means a producer that produces a bioenergy crop that, as
        determined by the Secretary--
                    ``(A) is physically located in a bioenergy
                cropshed; and
                    ``(B) can be used by the local biorefinery.''.
    (b) Bioenergy Transition Assistance.--Section 9003 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended--
            (1) by redesignating subsections (g) and (h) as subsections
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Bioenergy Transition Assistance.--
            ``(1) Designation of bioenergy cropsheds.--
                    ``(A) In general.--The Secretary shall designate as
                bioenergy cropsheds, areas that are physically located
                within, as determined by the Secretary--
                            ``(i) a 50-mile radius of an existing or
                        planned biorefinery; or
                            ``(ii) some other economically-practicable
                        distance from an existing or planned
                        biorefinery.
                    ``(B) Specific conservation objectives.--Each
                bioenergy cropshed designated under subparagraph (A)
                shall include specific conservation objectives for
                local resources of concern, including water quality,
                wildlife habitat, soil quality, and air quality, as
                determined by the Secretary, acting through the Natural
                Resources Conservation Service and in consultation with
                State technical committees.
                    ``(C) Priority.--In designating bioenergy cropsheds
                under subparagraph (A), the Secretary shall give
                priority to--
                            ``(i) locations in which the establishment
                        of bioenergy cropsheds is most likely, as
                        determined by the Secretary, to result in--
                                    ``(I) geographic diversity;
                                    ``(II) diversity of feedstocks;
                                    ``(III) net environmental benefit;
                                and
                                    ``(IV) minimal environmental harm;
                                and
                            ``(ii) areas in which the existing or
                        planned biorefinery is owned primarily by
                        residents of a rural area.
            ``(2) Bioenergy crop transition assistance.--
                    ``(A) In general.--The Secretary, acting through
                the Natural Resources Conservation Service, shall offer
                to enter into contracts with producers on a farm in a
                bioenergy cropshed to provide bioenergy crop transition
                assistance to encourage the producers to produce
                bioenergy crops for a biorefinery located in the
                bioenergy cropshed.
                    ``(B) Term of contract.--Contracts described in
                subparagraph (A) shall be for a term of 3 years.
            ``(3) Eligibility.--
                    ``(A) In general.--As a condition of entering into
                a bioenergy crop transition assistance contract, the
                producers on a farm shall, as determined by the
                Secretary--
                            ``(i) demonstrate that the producers are
                        producing a bioenergy crop that is contracted
                        for use by the biorefinery in the bioenergy
                        cropshed;
                            ``(ii) agree to meet the quality criteria
                        for water quality, wildlife habitat, and soil
                        quality by the end of the contract period; and
                            ``(iii) agree to make available to the
                        Secretary (or to an institution of higher
                        education designated by the Secretary) such
                        information as the Secretary considers to be
                        appropriate--
                                    ``(I) to promote the production of
                                bioenergy crops and the development of
                                biorefinery technology; and
                                    ``(II) to evaluate the bioenergy
                                transition assistance.
                    ``(B) Best practices database.--Subject to section
                1770 of the Food Security Act of 1985 (7 U.S.C. 2276),
                the Secretary shall make available to the public in a
                database format the best practices information
                developed by the Secretary in providing bioenergy
                transition assistance.
            ``(4) Amount of payments.--In determining the amount of
        annual bioenergy crop transition assistance to be paid to
        producers on a farm under this subsection, the Secretary shall
        consider--
                    ``(A) the cost of establishing the bioenergy crop;
                    ``(B) the amount necessary to encourage producers
                on a farm to produce bioenergy crops in the quantity
                needed by the biorefinery in the bioenergy cropshed;
                    ``(C) the amount that the producers on a farm would
                have earned if the producers had produced a crop other
                than a bioenergy crop; and
                    ``(D) such other factors as the Secretary considers
                to be appropriate.
            ``(5) Funding.--Of the funds of the Commodity Credit
        Corporation, the Secretary shall use to carry out this
        subsection $350,000,000 for the period of fiscal years 2008
        through 2012, to remain available until expended.''.
    (c) Conforming Amendments.--Section 1770(d) of the Food Security
Act of 1985 (7 U.S.C. 2276(d)) is amended--
            (1) in paragraph (11), by striking ``or'' at the end;
            (2) in paragraph (12), by striking the period at the end
        and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(13) section 9003(g) of the Farm Security and Rural
        Investment of 2002 (7 U.S.C. 8103(g))''.

SEC. 3. CONSERVATION SECURITY PROGRAM.

    (a) Definition of Bioenergy Crops.--Section 1238 of the Food
Security Act of 1985 (16 U.S.C. 3838) is amended--
            (1) by redesignating paragraphs (3) through (15) as
        paragraphs (5) through (17), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Bioenergy crop.--The term `bioenergy crop' has the
        meaning given the term in section 9003(b) of the Farm Security
        and Rural Investment of 2002 (7 U.S.C. 8103(b)).
            ``(4) Bioenergy producer.--The term `bioenergy producer'
        has the meaning given the term in section 9003(b) of the Farm
        Security and Rural Investment of 2002 (7 U.S.C. 8103(b)).''.
    (b) Conservation Security Contracts.--Section 1238C(b)(1)(C)(iii)
of the Food Security Act of 1985 (16 U.S.C. 3838c(b)(1)(C)(iii)) is
amended--
            (1) in subclause (IV), by striking ``or'' at the end;
            (2) in subclause (V), by striking the period at the end and
        inserting a semicolon; and
            (3) by adding at the end the following:
                                    ``(VI) is a bioenergy producer and
                                maintains and actively manages a
                                conservation system that incorporates 2
                                or more native perennial bioenergy crop
                                species; or
                                    ``(VII) is a bioenergy producer and
                                participates in a bioenergy crop system
                                research and demonstration project.''.

Output:
Farm-to-Fuel Investment Act of 2007 - Amends the Farm Security and Rural Investment Act of 2002 to direct the Secretary of Agriculture to designate as bioenergy cropsheds areas that are physically located within a 50-mile radius, or some other economically-practicable distance, from an existing or planned biorefinery.

States that each designated bioenergy cropshed shall include local conservation objectives, including water quality, wildlife habitat, soil quality, and air quality.

Directs the Secretary, through the Natural Resources Conservation Service, to offer to enter into contracts with producers on a farm in a bioenergy cropshed to provide bioenergy crop transition assistance to encourage the producers to produce bioenergy crops.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Security and Iran Sanctions
Enforcement Act''.

SEC. 2. RESTRICTION ON PARTICIPATION IN OFFSHORE OIL AND GAS LEASING.

    (a) Certification Requirement.--The Secretary of the Interior
shall--
            (1) include in each lease issued after the date of
        enactment of this Act that authorizes drilling for oil and gas
        on the Outer Continental Shelf a provision that requires that--
                    (A) the person that is the lessee to certify
                annually to the Secretary that the person does not
                engage in any activity for which sanctions may be
                imposed under section 5 of the Iran Sanctions Act of
                1996 (50 U.S.C. 1701 note); and
                    (B) authorizes the Secretary to cancel the lease if
                the person fails to make such a certification or makes
                such a certification that is false; and
            (2) upon determination by the Secretary, in consultation
        with the Secretary of State and the Secretary of the Treasury,
        that the person has failed to make a certification required
        under such provision or made such a certification that is
        false, shall cancel the lease.
    (b) Disclosure Requirement.--The Secretary of the Interior shall--
            (1) include in each lease issued after the date of
        enactment of this Act that authorizes drilling for oil and gas
        on the Outer Continental Shelf a provision that--
                    (A) requires the person that is the lessee to
                disclose to the Secretary any participation by the
                person in any energy-related joint venture, investment,
                or partnership located outside Iran that involves--
                            (i) any person whose property and interests
                        in property are blocked pursuant to Executive
                        Order 13224 (66 Fed. Reg. 49079; relating to
                        blocking property and prohibiting transacting
                        with persons who commit, threaten to commit, or
                        support terrorism);
                            (ii) any person whose property and
                        interests in property are blocked pursuant to
                        Executive Order 13382 (70 Fed. Reg. 38567;
                        relating to blocking of property of weapons of
                        mass destruction proliferators and their
                        supporters); or
                            (iii) any entity listed on appendix A to
                        part 560 of title 31, Code of Federal
                        Regulations (relating to the Iranian
                        Transactions Regulations); and
                    (B) authorizes the Secretary to cancel the lease if
                the person fails to make such a disclosure or makes
                such a disclosure that is false; and
            (2) upon determination by the Secretary, in consultation
        with the Secretary of State and the Secretary of the Treasury,
        that the person has failed to make a disclosure required under
        such provision or made such a disclosure that is false, shall
        cancel the lease.
    (c) Waiver.--
            (1) In general.--The Secretary of the Interior may waive
        the requirement of subsection (a) or (b) (or both) on a case-
        by-case basis if the Secretary determines and certifies in
        writing to the appropriate congressional committees that it is
        in the national interest of the United States to do so.
            (2) Reporting requirement.--Not later than 120 days after
        the date of the enactment of this Act and semi-annually
        thereafter, the Secretary of the Interior shall submit to the
        appropriate congressional committees a report on waivers
        granted under paragraph (1).
    (d) Reporting Requirement.--The Secretary of the Interior shall
promptly report to the appropriate congressional committees any
cancellation of a lease under this section, including an explanation of
the reasons for the cancellation.
    (e) Definitions.--In this section--
            (1) the term ``appropriate congressional committees''
        means--
                    (A) the Committee on Natural Resources and the
                Committee on Foreign Affairs of the House of
                Representatives; and
                    (B) the Committee on Energy and Natural Resources
                and the Committee on Foreign Relations of the Senate;
                and
            (2) the term ``person'' has the meaning given such term in
        section 14(14) of the Iran Sanctions Act of 1996 (50 U.S.C.
        1701 note).

SEC. 3. SUNSET.

    This Act shall terminate 30 days after the date on which the
President certifies to Congress that the Government of Iran--
            (1) has permanently ceased--
                    (A) providing support for acts of international
                terrorism and no longer satisfies the requirements for
                designation as a state sponsor of terrorism for
                purposes of section 6(j) of the Export Administration
                Act of 1979, section 620A of the Foreign Assistance Act
                of 1961, section 40 of the Arms Export Control Act, or
                any other provision of law; and
                    (B) the pursuit, acquisition, and development of
                nuclear, biological, and chemical weapons and missiles;
                and
            (2) poses no significant threat to United States national
        security, interests, or allies.

Output:
Gulf Security and Iran Sanctions Enforcement Act - Requires the Secretary of the Interior to include in each lease issued after enactment of this Act that authorizes oil and gas drilling on the Outer Continental Shelf a provision that requires: (1) the lessee to certify annually to the Secretary that it does not engage in any activity for which sanctions may be imposed under the Iran Sanctions Act of 1996; and (2) the Secretary to cancel the lease if the lessee fails to make such a certification or makes a false one.

Requires such a lease also to require the lessee to disclose to the Secretary any participation in any energy-related joint venture, investment, or partnership located outside Iran that involves: (1) any person whose property and property interests are blocked pursuant to Executive Orders 13224 (for transacting business with persons who commit, threaten to commit, or support terrorism) or 13382 (because they are weapons of mass destruction proliferators or their supporters); or (2) any entity on a specified list relating to Iranian Transactions Regulations. Requires cancellation of any lease whose lessee has failed to make such a disclosure or makes a false disclosure.

Allows a national interest waiver of these requirements.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Encroachment on Military Bases
Prevention Act''.

SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES.

    (a) Limitation on Designation of Critical Habitat.--Section 4(a) of
the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended by
adding at the end the following new paragraph:
    ``(4)(A) The Secretary may not designate as critical habitat any
lands or other geographical areas owned or controlled by the Department
of Defense, or designated for its use, that are subject to an
integrated natural resources management plan prepared under section 101
of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that
such plan addresses special management considerations or protection (as
those terms are used in section 3(5)(A)(i)).
    ``(B) Nothing in this paragraph affects the requirement to consult
under section 7(a)(2) with respect to an agency action (as that term is
defined in that section).
    ``(C) Nothing in this paragraph affects the obligation of the
Department of Defense to comply with section 9, including the
prohibition preventing extinction and taking of endangered species and
threatened species.''.
    (b) Consideration of Effects of Designation of Critical Habitat.--
Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1533(b)(2)) is amended by inserting ``the impact on national
security,'' after ``the economic impact,''.

SEC. 3. RESTRICTION ON CONSIDERATION OF MILITARY INSTALLATIONS IN
              SPECIAL RESOURCE STUDIES.

    Section 8 of Public Law 91-383 (16 U.S.C. 1a-5; commonly known as
the National Park System General Authorities Act) is amended by adding
at the end the following new subsection:
    ``(g) Exclusion of Military Installations From Special Resource
Studies.--
            ``(1) Notification of secretary of defense.--If a study
        under this section or any other provision of law of an area for
        potential inclusion in the National Park System will include,
        or the study will be expanded to include, the consideration of
        any military lands, the Secretary of the Interior shall provide
        written notice to the Secretary of Defense of the exact
        military lands to be covered by the study. The written notice
        shall be provided not later than 30 days before the date on
        which the Secretary of the Interior will commence the study or
        expand the study to include the military lands.
            ``(2) Authority to exclude military lands.--Upon receipt of
        written notification under paragraph (1), the Secretary of
        Defense shall evaluate the existing environmental protections
        for the military lands described in the notice and the
        importance of the military lands to military readiness and
        preparedness. The Secretary of Defense may require the
        Secretary of the Interior to exclude all or a portion of the
        military lands from the study if the Secretary of Defense
        determines that the environmental protections for the military
        lands are sufficient and that inclusion of the military lands
        in the National Park System could adversely impact military
        readiness and preparedness. Notice to the Secretary of the
        Interior shall include the reasons of the Secretary of Defense
        for requiring the exclusion of the military lands.
            ``(3) Time for making determination; effect.--The Secretary
        of Defense shall make the determination required under
        paragraph (2), and transmit notice of the determination to the
        Secretary of the Interior, before the end of the 90-day period
        beginning on the date on which the Secretary of Defense
        receives the written notice required under paragraph (1) of a
        study that covers military lands. If the notice of the
        Secretary of Defense is timely, the Secretary of the Interior
        may not consider the military lands covered by the notice for
        possible inclusion in the National Park System in that study or
        any subsequent study. If the notice is not received by the
        Secretary of the Interior before the end of the 90-day period,
        the Secretary of the Interior may proceed with the
        consideration of the military lands under the study
        notwithstanding the determination.
            ``(4) Military lands.--In this subsection, the term
        `military lands' means lands included as part of a military
        installation, as that term is defined in section 100 of the
        Sikes Act (16 U.S.C. 670).''.

SEC. 4. RESTRICTION ON INCLUSION IN NATIONAL MARINE SANCTUARIES OF
              AREAS USED FOR MILITARY READINESS ACTIVITIES.

    (a) In General.--Section 305 of the National Marine Sanctuary Act
(16 U.S.C. 1433) is amended--
            (1) in subsection (a) in the matter preceding paragraph (1)
        by inserting ``(subject to subsection (c))'' after ``any
        discrete area of the marine environment''; and
            (2) by adding at the end the following:
    ``(c) Restriction on Inclusion of Areas Used for Military Readiness
Activities.--The Secretary may not designate as a national marine
sanctuary, or add to an existing national marine sanctuary, any area
that the Secretary of Defense has designated for use for military
readiness activities, including any area the use or navigation of which
is prohibited under regulations issued by the Secretary of the Army
under the first section of chapter XIX of the Act of July 9, 1918 (33
U.S.C. 3), popularly known as the Army Appropriation Act of 1919.''.
    (b) Application.--The amendment made by subsection (a) shall not
apply with respect to any designation of an area as, or addition of an
area to, a national marine sanctuary that takes effect before the date
of the enactment of this Act.

Output: Encroachment on Military Bases Prevention Act - Amends the Endangered Species Act to prohibit the Secretary of the Interior (Secretary) from designating as critical habitat any lands or areas owned and controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan under the Sikes Act if the Secretary determines that such plan addresses special management considerations or protection. Requires the Secretary to consider impact on national security when making critical habitat determinations.Amends the Act commonly known as the National Park System General Authorities Act to require: (1) the Secretary to notify the Secretary of Defense of the exact military lands included in any study of an area for potential inclusion in the National Park System (NPS); and (2) the Secretary of Defense to evaluate the existing environmental protections for such lands and the importance of such lands to military readiness and preparation. Authorizes the Secretary of Defense to require the Secretary to exclude such lands if it is determined that current environmental protections are adequate and that their inclusion in the NPS would adversely affect military readiness and preparation.Amends the National Marine Sanctuary Act to prohibit the Secretary from including as a national marine sanctuary any area that the Secretary of Defense has designated for use for military readiness activities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Atlantic Fisheries
Convention Act of 1995''.

SEC. 2. REPRESENTATION OF UNITED STATES UNDER CONVENTION.

    (a) Commissioners.--
            (1) Appointments, generally.--The Secretary shall appoint
        not more than 3 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 1 is appointed from among
                        representatives of the commercial fishing
                        industry;
                            (ii) 1 (but no more than 1) is an official
                        of the Government; and
                            (iii) 1, other than the individual
                        appointed under clause (ii), is a voting member
                        of the New England Fishery Management Council.
                    (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 appointed as a
                Commissioner--
                            (i) shall be specified by the Secretary at
                        the time of appointment; and
                            (ii) may not exceed 4 years.
                    (B) An individual who is not a Government official
                may not serve more than 2 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
        3 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 1 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 4
                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 Representative 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 8 of this Act.
            (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
and the Mid-Atlantic Fishery Management Councils, 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. CONSULTATIVE COMMITTEE.

    (a) Establishment.--The Secretary of State and the Secretary, shall
jointly establish a consultative committee to advise the Secretaries on
issues related to the Convention.
    (b) Membership.--(1) The membership of the Committee shall include
representatives from the New England and Mid-Atlantic Fishery
Management Councils, the States represented on those Councils, 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.--Members of the consultative committee
may attend--
            (1) all public meetings of the General Council or the
        Fisheries Commission;
            (2) any other meetings to which they are invited by the
        General Council or the Fisheries Commission; and
            (3) all nonexecutive meetings of the United States
        Commissioners.
    (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. 9. 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 202(e);
        or
            (3) a member of the consultative committee established by
        section 8.
    (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. 10. 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. 11. 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 1995, 1996, 1997, and 1998.

            Passed the House of Representatives March 28, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Output:
Northwest Atlantic Fisheries Convention Act of 1995 - 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, the States, 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.
Directs the Secretaries of State and Commerce to jointly establish a consultative committee on issues related to the Convention.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Statewide PTV Access Act of 2009''.

SEC. 2. SECONDARY TRANSMISSION OF NONCOMMERCIAL STATIONS BY SATELLITE
              CARRIERS OUTSIDE LOCAL MARKETS.

    (a) Secondary Transmissions.--Section 119(a)(2)(C) of title 17,
United States Code, is amended--
            (1) by redesignating clauses (iii), (iv), and (v) as
        clauses (iv), (v), and (vi), respectively; and
            (2) by inserting after clause (ii) the following:
                            ``(iii) Noncommercial educational broadcast
                        stations.--
                                    ``(I) Secondary transmissions
                                within state-wide network.--In the case
                                of a State-wide network of
                                noncommercial educational broadcast
                                stations, the statutory license
                                provided for in subparagraph (A) shall
                                apply to the secondary transmission of
                                any noncommercial educational broadcast
                                station in that State-wide network to
                                any subscriber in any county within
                                that State that is located outside that
                                station's local market and is not
                                served by a noncommercial educational
                                television broadcast station that is
                                located within that State.
                                    ``(II) State-wide network
                                defined.--In this clause, the term
                                `State-wide network of noncommercial
                                educational broadcast stations' is a
                                network of three or more noncommercial
                                educational broadcast stations that are
                                licensed to a single State, political,
                                educational, or special purpose
                                subdivision of a State, or a single
                                public agency.''.
    (b) Royalty Fee.--Section 119(b)(1)(B) of title 17, United States
Code, is amended by inserting ``or paragraph (2)(C)(iii)'' after
``subscriber under paragraph (3)''.

SEC. 3. AMENDMENTS TO THE COMMUNICATIONS ACT OF 1934.

    (a) In General.--Section 325(b)(2) of the Communications Act of
1934 (47 U.S.C. 325 (b)(2)) is amended--
            (1) by striking ``or'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E)
        and inserting ``; or''; and
            (3) by inserting after subparagraph (E) the following new
        subparagraph:
                    ``(F) to retransmission of the signal of a
                television broadcast station outside the station's
                local market by a satellite carrier directly to its
                subscribers, if--
                            ``(i) such station is a part of a network
                        of three or more noncommercial educational
                        broadcast stations that are licensed to a
                        single State, political, educational, or
                        special purpose subdivision of a State, or a
                        single public agency; and
                            ``(ii) the satellite carrier retransmits
                        the secondary signal of such eligible
                        noncommercial educational broadcast station
                        only to its subscribers--
                                    ``(I) located in any county within
                                that State that is located outside that
                                station's local market; and
                                    ``(II) not served by another
                                noncommercial educational broadcast
                                station that is located within that
                                State;''.
    (b) Distant Signals.--Section 339(a)(1) of the Communications Act
of 1934 (47 U.S.C. 339 (a)(1)) is amended by adding at the end the
following new subparagraph:
                    ``(C) In the case of a network of three or more
                noncommercial educational broadcast stations that are
                licensed to a single State, political, educational, or
                special purpose subdivision of a State, or public
                agency, a satellite carrier may carry the signals of
                such network to all subscribers in any county within
                that State that is located outside that station's
                designated market area and is not served by another
                noncommercial educational broadcast station located
                within that State.''.

Output:
Statewide PTV Access Act of 2009 - Permits a satellite carrier to retransmit the signals of a state-wide network of noncommercial educational broadcast stations to any subscriber in any county within such state that is: (1) outside that station's local market; and (2) not served by an in-state noncommercial educational television broadcast station.

Amends the Communications Act of 1934 to permit a satellite carrier to retransmit the signals of a television broadcast station outside the station's local market directly to its subscribers if: (1) such station is a part of a network of three or more noncommercial educational broadcast stations that are licensed to a single state, political, educational, or special purpose subdivision of a state, or to a single public agency; and (2) the carrier retransmits such signal only to subscribers in a county within that state that is outside the station's local market and is not served by another in-state noncommercial educational broadcast station.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equal Employment Opportunity
Restoration Act of 2012''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Congress has enacted laws to eradicate workplace
        discrimination and to secure equal employment opportunities for
        all Americans, as noted in Teamsters v. United States, 431 U.S.
        324 (1977) and McDonnell Douglas Corp. v. Green, 411 U.S. 792
        (1973) (stating that civil rights laws are meant ``to assure
        equality of employment opportunities and to eliminate . . .
        discriminatory practices and devices'' in the workplace).
            (2) Workplace discrimination laws prohibit subjective
        employment practices that operate to deny equal employment
        opportunities to employees, as explained in Watson v. Fort
        Worth Bank & Trust, 487 U.S. 977 (1988), which stated that
        personnel decisions ``based on the exercise of personal
        judgment or the application of inherently subjective criteria''
        are unlawful when the personnel decisions have the effect of
        discriminating on grounds prohibited by law.
            (3) Class actions often have been the most effective means
        to enforce employment discrimination laws, as explained in East
        Texas Motor Freight System Inc. v. Rodriguez, 431 U.S. 395
        (1977) (``[S]uits alleging . . . discrimination are often by
        their very nature class suits, involving classwide wrongs''
        where ``[c]ommon questions of law or fact are typically
        present.'') and in Eisen v. Carlisle & Jacquelin, 417 U.S. 156
        (1974) (``Economic reality dictates that [claims of relatively
        small value] proceed as a class action or not at all.'').
            (4) Historically, a class action alleging employment
        discrimination could be maintained if the class was united by a
        common issue of law or fact. As a leading legal treatise,
        William B. Rubenstein, 1 Newberg on Class Actions Sec. 3:20
        (5th ed. 2011), explained, ``this requirement [was] easily met
        in most cases''. As another leading treatise, Charles A. Wright
        et al., 7A Federal Practice and Procedure, Wright and Miller
        Sec. 1763 (3rd ed. 2005), explained, this requirement had been
        given ``permissive application''.
            (5) However, the Supreme Court recently made it more
        difficult for victims of discrimination to vindicate claims for
        their rights. In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct.
        2541 (2011), the Court required ``convincing proof of a
        companywide discriminatory pay and promotion policy'' as a
        prerequisite to class certification. In a dissent in that case,
        Justice Ginsberg wrote that the Court's decision ``disqualifies
        the class at the starting gate''.
    (b) Purpose.--The purpose of this Act is to restore employees'
ability to challenge, as a group, discriminatory employment practices,
including subjective employment practices.

SEC. 3. GROUP ACTIONS.

    (a) In General.--Part VI of title 28, United States Code, is
amended by adding at the end the following:

                      ``CHAPTER 182--GROUP ACTIONS

``Sec.
``4201. Group actions in certain employment discrimination cases.
``Sec. 4201. Group actions in certain employment discrimination cases
    ``(a) Group Actions.--In seeking relief under title VII of the
Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title I of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.),
title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.),
section 1977 of the Revised Statutes (42 U.S.C. 1981), or title II of
the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff
et seq.) (individually referred to in this section as a `covered
employment statute'), 1 or more members (collectively referred to in
this section as the `representative party') of a group may sue on
behalf of all members of the group if the representative party shows,
by a reasonable inference, that--
            ``(1) the members of the group are so numerous that their
        joinder is impracticable;
            ``(2) the claims of the representative party are typical of
        the claims of the group the representative party seeks to
        represent and the representative party and the representative
        party's counsel will fairly and adequately protect the
        interests of the group; and
            ``(3) the members of the group are, or have been, subject
        to an employment practice that has adversely affected or is
        adversely affecting a significant portion of the group's
        members.
    ``(b) Subjective Employment Practices.--
            ``(1) Definition.--In this subsection, the term `subjective
        employment practice' means--
                    ``(A) an employer's policy of leaving personnel
                decisions to the unguided discretion of supervisors,
                managers, and other employees with authority to make
                such personnel decisions; or
                    ``(B) an employment practice that combines a
                subjective employment practice, as defined in
                subparagraph (A), with other types of personnel
                decisions.
            ``(2) Challenges.--A representative party may challenge a
        subjective employment practice covered by a covered employment
        statute in a group action filed under this section to the same
        extent as the party may challenge any other employment practice
        covered by the covered employment statute in such an action.
            ``(3) Exercise of discretion in different ways.--The fact
        that individual supervisors, managers, or other employees with
        authority to make personnel decisions may exercise discretion
        in different ways in applying a subjective employment practice
        under the covered employment statute shall not preclude a
        representative party from filing a corresponding group action
        under this section.
            ``(4) Consideration of written nondiscrimination policy.--
        In determining whether to certify a group action challenging an
        employment practice, the court may consider as evidence, in
        opposition to certification, an employer's written
        nondiscrimination policy only to the extent that the employer
        demonstrates that the policy has been consistently and
        effectively used to prevent and, where necessary, promptly
        correct discrimination against the group.
    ``(c) Relationship to Rule 23 of the Federal Rules of Civil
Procedure.--
            ``(1) Election of procedure.--The representative party may
        elect to proceed in a group action under this section or in a
        class action under rule 23 of the Federal Rules of Civil
        Procedure. This election shall occur not later than the latest
        date on which the representative party may petition for class
        certification under rule 23 of the Federal Rules of Civil
        Procedure.
            ``(2) Rule 23 requirements.--To the extent consistent with
        this section, the court shall apply the provisions of rule
        23(c) through rule 23(h) of the Federal Rules of Civil
        Procedure, including the requirements under rule 23 regarding
        notice and requests for exclusion, to claims brought pursuant
        to this section.
            ``(3) Interlocutory appellate review.--Decisions granting
        or denying certification of claims as group actions under this
        section are subject to review to the same extent as orders
        granting or denying class certification pursuant to rule 23 of
        the Federal Rules of Civil Procedure.
            ``(4) Class action fairness act.--Group actions certified
        under this section shall be subject to section 1332(d), section
        1453, and chapter 114 to the same extent as class actions
        certified pursuant to rule 23 of the Federal Rules of Civil
        Procedure.
            ``(5) Rule of construction.--Nothing in this section shall
        be construed to create any inference regarding the standards
        for determining whether claims may be adjudicated together
        under any law other than the covered employment statutes.
    ``(d) Remedies.--
            ``(1) Availability of remedies.--If an employer has been
        found liable under a covered employment statute against a group
        certified under this section, the court may deny a remedy
        available under the covered employment statute to a member of
        the group only if the employer demonstrates, by a preponderance
        of the evidence, that the member of the group would not have
        received the corresponding employment opportunity or benefit
        even in the absence of a violation of the covered employment
        statute.
            ``(2) Relief.--
                    ``(A) In general.--The court shall fashion the most
                complete relief possible for members of a prevailing
                group described in this section and shall have broad
                discretion in determining how to fashion that relief.
                    ``(B) Exercise of discretion.--In exercising its
                discretion under this paragraph, the court shall--
                            ``(i) use such procedures as the interests
                        of justice warrant, which procedures may
                        include economic or statistical modeling,
                        mathematical calculation, sampling, individual
                        adjudication, and other means the court may
                        adopt;
                            ``(ii) consider which procedure will best
                        ensure that members of the group will be made
                        whole;
                            ``(iii) consider which procedure will best
                        minimize the cost to and burden on the parties;
                        and
                            ``(iv) consider which procedure most
                        reliably and efficiently accounts for
                        limitations on the court's ability to identify
                        individual members of the group and to measure
                        the harm incurred by individual members of the
                        group.''.
    (b) Technical and Conforming Amendment.--The table of chapters for
part VI of title 28, United States Code, is amended by adding at the
end the following:

``182. Group actions........................................    4201''.

Output:
Equal Employment Opportunity Restoration Act of 2012 - Amends the federal judicial code to permit one or more members of a group seeking relief for discriminatory employment practices under specified provisions of the Civil Rights Act of 1964, Americans with Disabilities Act of 1990, Rehabilitation Act of 1973, equal rights laws under the Revised Statutes, or the Genetic Information Nondiscrimination Act of 2008 to sue on behalf of all members of the group if the representative party shows, by a reasonable inference, that: (1) members of the group are so numerous that their joinder is impracticable; (2) claims of the representative party are typical of the claims of the group the representative party seeks to represent and the representative party and the representative party's counsel will fairly and adequately protect the interests of the group; and (3) members of the group are, or have been, subject to an employment practice that has adversely affected or is adversely affecting a significant portion of the group's members. (Thus establishing a new standard for employees bringing group actions for certain employment discrimination, notwithstanding the Supreme Court decision in Wal-Mart Stores, Inc. v. Dukes, which required "convincing proof of a companywide discriminatory pay and promotion policy" as a prerequisite to class certification.)

Permits a representative party to challenge a subjective employment practice covered by any of the above-referenced employment statutes in a group action filed under this Act to the same extent as the party may challenge any other employment practice covered by such a statute in such an action.

Defines a "subjective employment practice" as: (1) an employer's policy of leaving personnel decisions to the unguided discretion of supervisors, managers, and other employees with authority to make such personnel decisions; or (2) an employment practice combining such a subjective employment practice with other types of personnel decisions.

Prohibits the fact that individual supervisors, managers, or other employees with authority to make personnel decisions may exercise discretion in different ways in applying a subjective employment practice under such a statute from precluding a representative party from filing a corresponding group action.

Allows a representative party to elect to proceed in a group action under this Act or in a class action under the Federal Rules of Civil Procedure.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Insurance Affordability and
Equity Act of 2001''.

SEC. 2. CREDIT FOR HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED
              INDIVIDUALS.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:

``SEC. 25B. HEALTH INSURANCE COSTS OF PREVIOUSLY UNINSURED INDIVIDUALS.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the amount paid during the taxable year
for coverage for the taxpayer, his spouse, and dependents under
qualified health insurance.
    ``(b) Limitations.--
            ``(1) In general.--The amount allowed as a credit under
        subsection (a) to the taxpayer for the taxable year shall not
        exceed the sum of the monthly limitations for eligible coverage
        months during such taxable year for each individual referred to
        in subsection (a).
            ``(2) Monthly limitation.--
                    ``(A) In general.--The monthly limitation for an
                individual for each eligible coverage month of such
                individual during the taxable year is the amount equal
                to \1/12\ of $1,500.
                    ``(B) Limitation to 2 individuals.--Not more than 2
                individuals may be taken into account by the taxpayer
                under this subsection.
                    ``(C) Special rule for married individuals.--In the
                case of an individual--
                            ``(i) who is married (within the meaning of
                        section 7703) as of the close of the taxable
                        year but does not file a joint return for such
                        year, and
                            ``(ii) who does not live apart from such
                        individual's spouse at all times during the
                        taxable year,
                only such individual may be taken into account under
                this subsection.
            ``(3) Eligible coverage month.--For purposes of this
        subsection, the term `eligible coverage month' means, with
        respect to an individual, any month if--
                    ``(A) as of the first day of such month such
                individual is covered by qualified health insurance the
                premium for which was paid by the taxpayer, and
                    ``(B) there was at least a 12-month period
                beginning after December 31, 2001, and ending before
                such month throughout which the individual--
                            ``(i) was not covered by qualified health
                        insurance, and
                            ``(ii) was not eligible to participate in
                        any employer-provided group health plan.
    ``(c) Limitation Based on Adjusted Gross Income.--
            ``(1) In general.--The aggregate amount which would (but
        for this subsection) be allowed as a credit under this section
        shall be reduced (but not below zero) by the amount determined
        under paragraph (2).
            ``(2) Amount of reduction.--
                    ``(A) In general.--The amount determined under this
                paragraph shall be the amount which bears the same
                ratio to such aggregate amount as--
                            ``(i) the excess of--
                                    ``(I) the taxpayer's modified
                                adjusted gross income for such taxable
                                year, over
                                    ``(II) the applicable dollar
                                amount, bears to
                            ``(ii) $10,000.
                    ``(B) Modified adjusted gross income.--For purposes
                of this paragraph, the term `modified adjusted gross
                income' means adjusted gross income increased by any
                amount excluded from gross income under section 911,
                931, or 933.
                    ``(C) Rounding.--Any amount determined under
                subparagraph (A) which is not a multiple of $10 shall
                be rounded to the next lowest $10.
            ``(3) Applicable dollar amount.--For purposes of paragraph
        (2), the term `applicable dollar amount' means--
                    ``(A) $60,000 in the case of a taxpayer whose
                qualified health insurance coverage covers more than 1
                individual referred to in subsection (a), and
                    ``(B) $30,000--
                            ``(i) in any case not described in
                        subparagraph (A), and
                            ``(ii) in the case of a married individual
                        filing a separate return.
        For purposes of this paragraph, marital status shall be
        determined under section 7703.
    ``(d) Qualified Health Insurance.--For purposes of this section--
            ``(1) In general.--The term `qualified health insurance'
        means insurance which constitutes medical care; except that
        such term shall not include any insurance if substantially all
        of its coverage is of excepted benefits described in section
        9832(c).
            ``(2) Credit not allowable for certain subsidized
        coverage.--Except for purposes of subsection (b)(3)(B), the
        term `qualified health insurance' shall not include any
        coverage less than 50 percent of the cost of which is borne by
        the taxpayer.
    ``(e) Denial of Credit for Amounts Paid Under Certain Government-
Provided Programs.--
            ``(1) In general.--No credit shall be allowed under this
        section for amounts paid under--
                    ``(A) title XVIII, XIX, or XXI of the Social
                Security Act,
                    ``(B) chapter 55 of title 10, United States Code,
                    ``(C) chapter 17 of title 38, United States Code,
                or
                    ``(D) the Indian Health Care Improvement Act.
            ``(2) Coverage under program included in determining
        eligibility.--Coverage under any of the provisions referred to
        in paragraph (1) shall be treated as coverage under qualified
        health insurance for purposes of subsection (b)(3)(B).
    ``(g) Special Rules.--
            ``(1) Coordination with other deductions.--No credit shall
        be allowed under this section for the taxable year if any
        amount paid for qualified health insurance is taken into
        account in determining any deduction allowed for such year
        under sections 162(l), 213, or 222.
            ``(2) Denial of credit to dependents.--No credit shall be
        allowed under this section to any individual with respect to
        whom a deduction under section 151 is allowable to another
        taxpayer for a taxable year beginning in the calendar year in
        which such individual's taxable year begins.
            ``(3) Inflation adjustment.--
                    ``(A) In general.--In the case of a taxable year
                beginning after 2002, the dollar amount in subsection
                (b)(2)(A) and each dollar amount in subsection (c)(3)
                shall be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year in which the taxable year begins,
                        determined by substituting `calendar year 2001'
                        for `calendar year 1992' in subparagraph (B)
                        thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $100, such amount
                shall be rounded to the next lowest multiple of $100.''
    (b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:

                              ``Sec. 25B. Health insurance costs of
                                        previously uninsured
                                        individuals.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 3. DEDUCTION FOR QUALIFIED HEALTH INSURANCE COSTS OF EMPLOYEES AND
              SELF-EMPLOYED INDIVIDUALS.

    (a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 222 as section 223 and
by inserting after section 221 the following new section:

``SEC. 222. COSTS OF QUALIFIED HEALTH INSURANCE.

    ``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid during the
taxable year for coverage for the taxpayer, his spouse, and dependents
under qualified health insurance (as defined in section 25B(d)).
    ``(b) Special Rules.--
            ``(1) Coordination with medical deduction, etc.--Any amount
        paid by a taxpayer for insurance to which subsection (a)
        applies shall not be taken into account in computing the amount
        allowable to the taxpayer as a deduction under section 162(l)
        or 213(a).
            ``(2) Deduction not allowed for self-employment tax
        purposes.--The deduction allowable by reason of this section
        shall not be taken into account in determining an individual's
        net earnings from self-employment (within the meaning of
        section 1402(a)) for purposes of chapter 2.''
    (b) Conforming Amendments.--
            (1) Subsection (a) of section 62 of such Code is amended by
        inserting after paragraph (17) the following new item:
            ``(18) Costs of qualified health insurance.--The deduction
        allowed by section 222.''
            (3) The table of sections for part VII of subchapter B of
        chapter 1 of such Code is amended by striking the last item and
        inserting the following new items:

                              ``Sec. 222. Costs of qualified health
                                        insurance.
                              ``Sec. 223. Cross reference.''
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Output: Health Insurance Affordability and Equity Act of 2001 - Amends the Internal Revenue Code to allow a limited credit for qualified health insurance costs paid for by an individual during a period when the individual was not covered by qualified health insurance and was not eligible to participate in any employer provided group health plan.Provides for the deduction of the qualified health insurance costs of employees and the self-employed.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Money Laundering Prevention Act of
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) Money laundering is a serious problem: between
        $100,000,000,000 and $300,000,000,000 in United States currency
        is ``laundered'' each year and the total dollar amount involved
        in international money laundering likely exceeds
        $500,000,000,000.
            (2) Money laundering is critical to the survival of the
        illicit drug trade, which has annual worldwide revenues of more
        than $400,000,000,000, more than 8 percent of the total value
        of international trade.
            (3) United States financial institutions are a critical
        link in our efforts to combat money laundering.
            (4) Highly secretive and loosely regulated private banking
        services that cater to wealthy clients are particularly
        vulnerable to use by drug traffickers for money laundering
        purposes, and it is estimated that private banking services
        have banking assets ranging from $200,000,000,000 to
        $300,000,000,000.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To ensure that United States financial institutions
        make combating money laundering the highest of priorities.
            (2) To close the existing gaps in law that allow money
        laundering to flourish in the private banking system.
            (3) To designate foreign high-intensity money laundering
        areas for the purpose of targeting areas of concentrated money
        laundering activities.
            (4) To require the Board of Governors of the Federal
        Reserve System to take into account money laundering activities
        in the consideration of applications under section 3 of the
        Bank Holding Company Act of 1956.

SEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES.

    (a) In General.--Before the end of the 1-year period beginning on
the date of the enactment of this Act, the Secretary of the Treasury,
in consultation with the Federal banking agencies (as defined in
section 3(z) of the Federal Deposit Insurance Act) shall submit a
report on private banking activities in the United States to the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
    (b) Contents of Report.--The report required under subsection (a)
shall include information on the following:
            (1) The nature and extent of private banking activities in
        the United States.
            (2) Regulatory efforts to monitor private banking
        activities and ensure that such activities are conducted in
        compliance with subchapter II of chapter 53 of title 31, United
        States Code, and section 21 of the Federal Deposit Insurance
        Act.
            (3) The policies and procedures of depository institutions
        that are designed to ensure compliance by such institutions
        with the requirements of subchapter II of chapter 53 of title
        31, United States Code, and section 21 of the Federal Deposit
        Insurance Act.
    (c) Private Banking Activities Defined.--For purposes of this
section, the term ``private banking activities'' includes, with respect
to a financial institution, personalized services, such as money
management, financial advice, and investment services, that are
provided to individuals with a high net worth and are not provided
generally to all clients of the financial institution.

SEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY
              LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL
              INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN
              ACCOUNT INFORMATION.

    Section 5318(h) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
            ``(3) Availability of certain account information.--The
        Secretary of the Treasury shall prescribe regulations under
        this subsection which require financial institutions to
        maintain all accounts in such a way as to ensure that--
                    ``(A) the name of the account holder and the number
                of the account are associated with all account activity
                of the account holder; and
                    ``(B) all such information is available for
                purposes of account supervision and law enforcement.''

SEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS.

    (a) In General.--Subchapter III of chapter 53 of title 31, United
States Code (as added by the Money Laundering and Financial Crimes
Strategy Act of 1998) is amended by adding at the end the following new
part:

 ``Part 3--International Money Laundering and Related Financial Crimes

``Sec. 5361. Designation of foreign high-intensity money laundering
              areas
    ``(a) In General.--The Secretary, in consultation with the Federal
banking agencies, shall develop criteria for identifying areas outside
the United States in which money laundering activities are
concentrated.
    ``(b) Designation.--The Secretary shall designate as a high-
intensity money laundering area any foreign country in which there is
an area identified, in accordance with the criteria developed pursuant
to subsection (a), as an area in which money laundering activities are
concentrated.
    ``(c) Notice and Warning.--Upon the designation, under subsection
(b), of a country as a high-intensity money laundering area, the
Secretary shall provide--
            ``(1) a written notice to each insured depository
        institution (as defined in section 3 of the Federal Deposit
        Insurance Act), and each depository institution holding company
        (as defined in such section 3) that controls an insured
        depository institution, of the identity of the country
        designated; and
            ``(2) a written warning that there is a concentration of
        money laundering activity in such country.''.
    (b) Clerical Amendment.--The table of subchapters for chapter 53 of
title 31, United States Code, is amended by adding at the end the
following item:

 ``Part 3--International Money Laundering and Related Financial Crimes

``5361. Designation of foreign high-intensity money laundering
                            areas.''.

SEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH-
              INTENSITY MONEY LAUNDERING AREAS.

    (a) In General.--Section 5322 of title 31, United States Code, is
amended by adding at the end the following new subsection:
    ``(d) Doubled Penalty.--The court may double the sentence of fine
or imprisonment, or both, that could otherwise be imposed on any person
for a violation described in subsection (a) or (b) if the person
commits the violation with respect to a transaction involving a person
in, a relationship maintained for a person in, or a transport of a
monetary instrument involving a foreign country, knowing that a
designation of the foreign country as a high-intensity money laundering
area under section 5361 was in effect at the time of the violation.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any violation committed on or after the date of
the enactment of this Act.

SEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956.

    (a) In General.--Section 3(c) of the Bank Holding Company Act of
1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following
new paragraph:
            ``(6) Money laundering.--In every case--
                    ``(A) the Board shall take into consideration the
                effectiveness of the company or companies in combating
                and preventing money laundering activities, including
                in overseas branches;
                    ``(B) the Board shall not consider any application
                under this section involving any company which is the
                subject of any--
                            ``(i) pending Federal investigation of
                        possible money laundering or other related
                        financial crimes; or
                            ``(ii) pending Federal prosecution for
                        money laundering or other related financial
                        crimes,
                until such investigation or prosecution is completed
                and a finding is made, except that this subparagraph
                shall not apply if the period for such completion and
                the making of findings exceeds 3 years; and
                    ``(C) the Board shall disapprove any application
                under this section involving any company which has been
                found criminally or civilly liable for money laundering
                or any related financial crime during the 5-year period
                preceding the consideration of such application by the
                Board.''.
    (b) Scope of Application.--The amendment made by subsection (a)
shall apply with respect to any application submitted to the Board of
Governors of the Federal Reserve System under section 3 of the Bank
Holding Company Act of 1956 after December 31, 1997, which has not been
approved by the Board before the date of the enactment of this Act.

Output:
Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States.
(Sec. 4) Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder; and (2) all such information is available for purposes of account supervision and law enforcement.
(Sec. 5) Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country.
(Sec. 6) Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation.
(Sec. 7) Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches; (2) not consider any application (regarding acquisition of bank shares or assets) involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception; and (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Highway Fairness and Reform Act of
2009''.

SEC. 2. ELECTION TO RECEIVE STATE CONTRIBUTION TO HIGHWAY TRUST FUND IN
              LIEU OF PARTICIPATING IN FEDERAL-AID HIGHWAY PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 149 the following:
``150. Direct Federal-aid highway program
    ``(a) In General.--Beginning with fiscal year 2011, the Secretary
shall carry out a direct Federal-aid highway program in accordance with
the requirements of this section. Under the program, the Governor or
chief executive officer of a State may elect, not less than 90 days
before the beginning of the fiscal year, to have the State waive its
right to receive amounts apportioned or allocated to it under the
Federal-aid highway program for the fiscal year to which the election
relates; and to receive instead the amount determined under subsection
(d) for that fiscal year. The election shall be made in such form and
manner as the Secretary may require and shall be irrevocable.
    ``(b) State Responsibility.--
            ``(1) In general.--The Secretary shall accept an election
        under subsection (a) if the Secretary determines that the
        State--
                    ``(A) has an interstate maintenance program and
                agrees to maintain the interstate in accordance with
                that program;
                    ``(B) submits a plan to the Secretary describing--
                            ``(i) the purposes, projects, and uses to
                        which amounts received under the program will
                        be put; and
                            ``(ii) which programmatic requirements of
                        this title the State elects to continue;
                    ``(C) agrees to obligate or expend amounts received
                under the program exclusively for projects that would
                be eligible for funding under section 133(b) of this
                title if the State were not participating in the
                program; and
                    ``(D) agrees to report annually to the Secretary on
                the use of amounts received under the program and to
                make the report available to the public in an easily
                accessible format.
            ``(2) Safety requirements.--The Secretary may determine
        that requirements important for transportation safety continue
        to apply to a State that makes an election under subsection
        (a).
            ``(3) Surface transportation program.--A State that makes
        an election under subsection (a) shall continue to suballocate
        funds to urbanized areas and other areas using the formulae and
        rules under section 133(d)(3) of this title.
            ``(4) No limitation on use of funds.--Except as provided in
        paragraphs (1), (2), and (3), the expenditure or obligation of
        funds received by the State under the program are not subject
        to regulation under this title or title 49.
    ``(c) Effect on Pre-existing Obligations.--The making of an
election under subsection (a) shall not affect any obligation,
responsibility, or commitment of the State under this title for any
fiscal year with respect to--
            ``(1) a project or program funded under this title (other
        than under this section); or
            ``(2) any project or program funded under this title in any
        fiscal year for which an election under subsection (a) is not
        in effect.
    ``(d) Transfers.--
            ``(1) In general.--The amount to be transferred to a State
        under the program for a fiscal year shall be the portion of the
        taxes appropriated to the Highway Trust Fund under section 9503
        of the Internal Revenue Code of 1986, other than for the Mass
        Transit Account, for a fiscal year for which an election is in
        effect under subsection (a) that is attributable to highway
        users in that State during that fiscal year, reduced by a pro
        rata share withheld by the Secretary to fund contract authority
        for programs of the National Highway Traffic Safety
        Administration and the Federal Motor Carrier Safety
        Administration.
            ``(2) General fund amounts.--For purposes of paragraph (1),
        any amounts deposited in or credited to the Highway Trust Fund
        from the general fund of the Treasury shall be treated as if
        they were taxes appropriated to the Fund.
            ``(3) Transfers.--
                    ``(A) In general.--Transfers under the program--
                            ``(i) shall be made at the same time as
                        deposits to the Highway Trust Fund are made by
                        the Secretary of the Treasury;
                            ``(ii) shall be made on the basis of
                        estimates by the Secretary, in consultation
                        with the Secretary of the Treasury, and proper
                        adjustments shall be made in amounts
                        subsequently transferred to the extent prior
                        estimates were in excess of, or less than, the
                        amounts required to be transferred.
                    ``(B) Limitation.--An adjustment under subparagraph
                (A)(ii) to any transfer may not exceed 5 percent of the
                transferred amount to which the adjustment relates. If
                the adjustment required under subparagraph (A)(ii)
                exceeds that percentage, the excess shall be taken into
                account in making subsequent adjustments under
                subparagraph (A)(ii).
    ``(e) Application with Other Authority.--The Secretary shall
rescind or cancel any contract authority under this chapter (and any
obligation limitation) for a State for a fiscal year for which an
election by that State is in effect under subsection (a).''.
    (b) Clerical Amendment.--The chapter analysis for chapter 1 of
title 23, United States Code, is amended by inserting after the item
relating to section 149 the following:

``150. Direct Federal-aid highway program.''.

Output:
Highway Fairness and Reform Act of 2009 - Directs the Secretary of Transportation, beginning with FY2011, to carry out a direct federal-aid highway program to permit a state governor or chief executive officer, at least 90 days before the beginning of a fiscal year, to elect to: (1) waive the state's right to receive apportioned or allocated funds under the federal-aid highway program; and (2) receive instead a prorated amount of the taxes appropriated to the Highway Trust Fund (other than from the Mass Transit Account) which are attributable to highway users in the state. Requires a pro rata reduction of such tax-equivalent amount in order to fund contract authority for programs of the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA).

Requires the Secretary to accept a state's election if: (1) the state has an interstate maintenance program; (2) it submits a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; (3) the state agrees to obligate program amounts exclusively for projects that would be eligible for surface transportation program funding; and (4) it continues to suballocate surface transportation program funds to urbanized and other areas using certain formulae and rules.