Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northern Uganda Crisis Response
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
        (1) The United States and the Republic of Uganda enjoy a strong
    bilateral relationship and continue to work closely together in
    fighting the human immunodeficiency virus and acquired immune
    deficiency syndrome (``HIV/AIDS'') pandemic and combating
    international terrorism.
        (2) For more than 17 years, the Government of Uganda has been
    engaged in a conflict with the Lord's Resistance Army that has
    inflicted hardship and suffering on the people of northern and
    eastern Uganda.
        (3) The members of the Lord's Resistance Army have used brutal
    tactics during this conflict, including abducting and forcing
    individuals into sexual servitude, and forcing a large number of
    children, estimated to be between 16,000 and 26,000 children, in
    Uganda to serve in such Army's military forces.
        (4) The Secretary of State has designated the Lord's Resistance
    Army as a terrorist organization and placed the Lord's Resistance
    Army on the Terrorist Exclusion list pursuant to section 212(a)(3)
    of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
        (5) According to Human Rights Watch, since the mid-1990s the
    only known sponsor of the Lord's Resistance Army has been the
    Government of Sudan, though such Government denies providing
    assistance to the Lord's Resistance Army.
        (6) More than 1,000,000 people have been displaced from their
    homes in Uganda as a result of the conflict.
        (7) The conflict has resulted in a lack of security for the
    people of Uganda, and as a result of such lack, each night more
    than 18,000 children leave their homes and flee to the relative
    safety of town centers, creating a massive ``night commuter''
    phenomenon that leaves already vulnerable children subject to
    exploitation and abuse.
        (8) Individuals who have been displaced by the conflict in
    Uganda often suffer from acute malnutrition and the mortality rate
    for children in northern Uganda who have been displaced is very
    high.
        (9) In the latter part of 2003, humanitarian and human rights
    organizations operating in northern Uganda reported an increase in
    violence directed at their efforts and at civilians, including a
    sharp increase in child abductions.
        (10) The Government of Uganda's military efforts to resolve
    this conflict, including the arming and training of local militia
    forces, have not ensured the security of civilian populations in
    the region to date.
        (11) The continued instability and lack of security in Uganda
    has severely hindered the ability of any organization or
    governmental entity to deliver regular humanitarian assistance and
    services to individuals who have been displaced or otherwise
    negatively affected by the conflict.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the Government of the United
States should--
        (1) work vigorously to support ongoing efforts to explore the
    prospects for a peaceful resolution of the conflict in northern and
    eastern Uganda;
        (2) work with the Government of Uganda and the international
    community to make available sufficient resources to meet the
    immediate relief and development needs of the towns and cities in
    Uganda that are supporting large numbers of people who have been
    displaced by the conflict;
        (3) urge the Government of Uganda and the international
    community to assume greater responsibility for the protection of
    civilians and economic development in regions in Uganda affected by
    the conflict, and to place a high priority on providing security,
    economic development, and humanitarian assistance to the people of
    Uganda;
        (4) work with the international community, the Government of
    Uganda, and civil society in northern and eastern Uganda to develop
    a plan whereby those now displaced may return to their homes or to
    other locations where they may become economically productive;
        (5) urge the leaders and members of the Lord's Resistance Army
    to stop the abduction of children, and urge all armed forces in
    Uganda to stop the use of child soldiers, and seek the release of
    all individuals who have been abducted;
        (6) make available increased resources for assistance to
    individuals who were abducted during the conflict, child soldiers,
    and other children affected by the conflict;
        (7) work with the Government of Uganda, other countries, and
    international organizations to ensure that sufficient resources and
    technical support are devoted to the demobilization and
    reintegration of rebel combatants and abductees forced by their
    captors to serve in non-combatant support roles;
        (8) cooperate with the international community to support civil
    society organizations and leaders in Uganda, including Acholi
    religious leaders, who are working toward a just and lasting
    resolution to the conflict;
        (9) urge the Government of Uganda to improve the
    professionalism of Ugandan military personnel currently stationed
    in northern and eastern Uganda, with an emphasis on respect for
    human rights, accountability for abuses, and effective civilian
    protection;
        (10) work with the international community to assist
    institutions of civil society in Uganda to increase the capacity of
    such institutions to monitor the human rights situation in northern
    Uganda and to raise awareness of abuses of human rights that occur
    in that area;
        (11) urge the Government of Uganda to permit international
    human rights monitors to establish a presence in northern and
    eastern Uganda;
        (12) monitor the creation of civilian militia forces in
    northern and eastern Uganda and publicize any concerns regarding
    the recruitment of children into such forces or the potential that
    the establishment of such forces will invite increased targeting of
    civilians in the conflict or exacerbate ethnic tension and
    violence; and
        (13) make clear that the relationship between the Government of
    Sudan and the Government of the United States cannot improve unless
    no credible evidence indicates that authorities of the Government
    of Sudan are complicit in efforts to provide weapons or other
    support to the Lord's Resistance Army.

SEC. 4. REPORT.

    (a) Requirements.--Not later than 6 months after the date of
enactment of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees on the conflict in Uganda.
    (b) Content.--The report required by subsection (a) shall include a
description of the following:
        (1) The individuals or entities that are providing financial
    and material support for the Lord's Resistance Army, including a
    description of any such support provided by the Government of Sudan
    or by senior officials of such Government.
        (2) The activities of the Lord's Resistance Army that create
    obstacles that prohibit the provision of humanitarian assistance or
    the protection of the civilian population in Uganda.
        (3) The practices employed by the Ugandan People's Defense
    Forces in northern and eastern Uganda to ensure that children and
    civilians are protected, that civilian complaints are addressed,
    and that any member of the armed forces that abuses a civilian is
    held accountable for such abuse.
        (4) The actions carried out by the Government of the United
    States, the Government of Uganda, or the international community to
    protect civilians, especially women and children, who have been
    displaced by the conflict in Uganda, including women and children
    that leave their homes and flee to cities and towns at night in
    search of security from sexual exploitation and gender-based
    violence.
    (c) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
    (d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Northern Uganda Crisis Response Act - Expresses the sense of Congress that the United States should: (1) support efforts for a peaceful resolution of the conflict in northern and eastern Uganda; (2) work with the Government of Uganda and the international community to make available sufficient resources to meet the relief and development needs of the towns and cities that are supporting large numbers of displaced people; (3) urge the Government of Uganda and the international community to assume greater responsibility for the protection of civilians and economic development in regions in Uganda affected by the conflict; (4) urge the leaders and members of the Lord's Resistance Army to stop the abduction of children, and urge all armed forces in Uganda to stop the use of child soldiers, and seek the release of all individuals who have been abducted; (5) provide assistance to individuals who were abducted during the conflict, child soldiers, and other children affected by the conflict; (6) work with the Government of Uganda, other countries, and international organizations to ensure that sufficient resources and technical support are devoted to the demobilization and reintegration of rebel combatants and abductees; (7) urge the Government of Uganda to improve the professionalism of Ugandan military personnel currently stationed in northern and eastern Uganda, with an emphasis on respect for human rights and civilian protection; (8) work with the international community to assist and increase the capacity of Ugandan civil institutions to monitor the human rights situation in northern Uganda; (9) urge the Government of Uganda to permit international human rights monitors to establish a presence in northern and eastern Uganda; and (10) make clear that the relationship between Sudan and the United States cannot improve unless no credible evidence indicates that authorities of the Government of Sudan are providing support to the Lord's Resistance Army.

Directs the Secretary of State to submit a report on the conflict in Uganda which shall include information on: (1) individuals or entities that are providing support for the Lord's Resistance Army, including a description of any such support provided by the Government of Sudan or by senior officials of such Government; (2) activities of the Lord's Resistance Army that prohibit the provision of humanitarian assistance or the protection of the civilian population in Uganda; (3) practices employed by the Ugandan People's Defense Forces in northern and eastern Uganda to ensure that children and civilians are protected; and (4) actions carried out by the United States, Uganda, or the international community to protect displaced civilians, especially women and children.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alien Terrorist Removal Act of
1995''.

SEC. 2. REMOVAL OF ALIEN TERRORISTS.

    The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting the following new section:

                     ``removal of alien terrorists

    ``Sec. 242C. (a) Definitions.--As used in this section--
            ``(1) the term `alien terrorist' means any alien described
        in section 241(a)(4)(B);
            ``(2) the term `classified information' has the same
        meaning as defined in section 1(a) of the Classified
        Information Procedures Act (18 U.S.C. App. IV);
            ``(3) the term `national security' has the same meaning as
        defined in section 1(b) of the Classified Information
        Procedures Act (18 U.S.C. App. IV);
            ``(4) the term `special court' means the court described in
        subsection (c) of this section; and
            ``(5) the term `special removal hearing' means the hearing
        described in subsection (e) of this section.
    ``(b) Application for Use of Procedures.--The provisions of this
section shall apply whenever the Attorney General certifies under seal
to the special court that--
            ``(1) the Attorney General or Deputy Attorney General has
        approved of the proceeding under this section;
            ``(2) an alien terrorist is physically present in the
        United States; and
            ``(3) removal of such alien terrorist by deportation
        proceedings described in sections 242, 242A, or 242B would pose
        a risk to the national security of the United States because
        such proceedings would disclose classified information.
    ``(c) Special Court.--
            ``(1) The Chief Justice of the United States shall publicly
        designate up to seven judges from up to seven United States
        judicial districts to hear and decide cases arising under this
        section, in a manner consistent with the designation of judges
        described in section 103(a) of the Foreign Intelligence
        Surveillance Act (50 U.S.C. 1803(a)).
            ``(2) The Chief Justice may, in the Chief Justice's
        discretion, designate the same judges under this section as are
        designated pursuant to 50 U.S.C. 1803(a).
    ``(d) Invocation of Special Court Procedure.--
            ``(1) When the Attorney General makes the application
        described in subsection (b), a single judge of the special
        court shall consider the application in camera and ex parte.
            ``(2) The judge shall invoke the procedures of subsection
        (e), if the judge determines that there is probable cause to
        believe that--
                    ``(A) the alien who is the subject of the
                application has been correctly identified;
                    ``(B) a deportation proceeding described in
                sections 242, 242A, or 242B would pose a risk to the
                national security of the United States because such
                proceedings would disclose classified information; and
                    ``(C) the threat posed by the alien's physical
                presence is immediate and involves the risk of death or
                serious bodily harm.
    ``(e) Special Removal Hearing.--
            ``(1) Except as provided in paragraph (4), the special
        removal hearing authorized by a showing of probable cause
        described in subsection (d)(2) shall be open to the public.
            ``(2) The alien shall have a right to be present at such
        hearing and to be represented by counsel. Any alien financially
        unable to obtain counsel shall be entitled to have counsel
        assigned to represent such alien. Counsel may be appointed as
        described in section 3006A of title 18, United States Code.
            ``(3) The alien shall have a right to introduce evidence on
        his own behalf, and except as provided in paragraph (4), shall
        have a right to cross-examine any witness or request that the
        judge issue a subpoena for the presence of a named witness.
            ``(4) The judge shall authorize the introduction in camera
        and ex parte of any item of evidence for which the judge
        determines that public disclosure would pose a risk to the
        national security of the United States because it would
        disclose classified information.
            ``(5) With respect to any evidence described in paragraph
        (4), the judge shall cause to be delivered to the alien
        either--
                    ``(A)(i) the substitution for such evidence of a
                statement admitting relevant facts that the specific
                evidence would tend to prove, or (ii) the substitution
                for such evidence of a summary of the specific
                evidence; or
                    ``(B) if disclosure of even the substituted
                evidence described in subparagraph (A) would create a
                substantial risk of death or serious bodily harm to any
                person, a statement informing the alien that no such
                summary is possible.
            ``(6) If the judge determines--
                    ``(A) that the substituted evidence described in
                paragraph (5)(A) will provide the alien with
                substantially the same ability to make his defense as
                would disclosure of the specific evidence, or
                    ``(B) that disclosure of even the substituted
                evidence described in paragraph (5)(A) would create a
                substantial risk of death or serious bodily harm to any
                person, then the determination of deportation
                (described in subsection (f)) may be made pursuant to
                this section.
    ``(f) Determination of Deportation.--
            ``(1) If the determination in subsection (e)(6)(A) has been
        made, the judge shall, considering the evidence on the record
        as a whole, require that the alien be deported if the Attorney
        General proves, by clear and convincing evidence, that the
        alien is subject to deportation because he is an alien as
        described in section 241(a)(4)(B).
            ``(2) If the determination in subsection (e)(6)(B) has been
        made, the judge shall, considering the evidence received (in
        camera and otherwise), require that the alien be deported if
        the Attorney General proves, by clear, convincing, and
        unequivocal evidence, that the alien is subject to deportation
        because he is an alien as described in section 241(a)(4)(B).
    ``(g) Appeals.--
            ``(1) The alien may appeal a determination under subsection
        (f) to the court of appeals for the Federal Circuit, by filing
        a notice of appeal with such court within twenty days of the
        determination under such subsection.
            ``(2) The Attorney General may appeal a determination under
        subsection (d), (e), or (f) to the court of appeals for the
        Federal Circuit, by filing a notice of appeal with such court
        within twenty days of the determination under any one of such
        subsections.
            ``(3) When requested by the Attorney General, the entire
        record of the proceeding under this section shall be
        transmitted to the court of appeals under seal. The court of
        appeals shall consider such appeal in camera and ex parte.''.

Output: Alien Terrorist Removal Act of 1995 - Amends the Immigration and Nationality Act to establish procedures for the removal of alien terrorists, including a special court to hear such cases.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Life-Saving Service
Heritage Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The United States Life-Saving Service was organized by
        the Congress by enactment of the Act entitled ``An Act to
        organize the Life-Saving-Service'', approved June 18, 1878
        (chapter 265; 20 Stat. 163 et seq.).
            (2) These lifesaving stations were staffed by brave
        volunteer and professional lifesavers, who risked life and limb
        to rescue shipwrecked passengers and crews.
            (3) Many surviving Life-Saving Service stations are of rare
        architectural significance, yet these historic stations are
        threatened by harsh coastal environments, rapid economic
        development in the coastal zone, neglect, and lack of resources
        for their preservation.
            (4) The heroic actions of Life-Saving Service personnel
        deserve greater recognition, and their contributions to
        America's maritime history should be celebrated through a
        comprehensive preservation program and greater opportunities
        for the public's education about the heritage of the Life-
        Saving Service.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary
of the Interior to establish a program to inventory, evaluate,
document, and assist efforts to preserve surviving Life-Saving Service
stations.

SEC. 3. UNITED STATES LIFE-SAVING SERVICE STATION PRESERVATION PROGRAM.

    (a) In General.--The Secretary of the Interior, through the
National Maritime Initiative of the National Park Service, shall
establish a program in accordance with this section to inventory,
evaluate, document, and assist efforts to preserve surviving United
States Life-Saving Service stations.
    (b) Inventory, Documentation, and Evaluation.--The Secretary, in
cooperation with the U.S. Life-Saving Service Heritage Association,
shall--
            (1) survey coastal regions of the United States to identify
        and prepare an inventory of surviving historic lifesaving
        stations;
            (2) document the designs of significant existing structures
        and lifesaving boats of historic lifesaving stations, for
        inclusion in the Historic American Engineering Record
        Collection; and
            (3) evaluate historic lifesaving stations, including--
                    (A) assessing the historic significance, integrity,
                and condition of surviving historic lifesaving
                stations; and
                    (B) making recommendations for outstanding examples
                of historic lifesaving stations that should be
                designated as National Historic Landmarks.
    (c) Technical Assistance, Educational Materials, Research Aids, and
Other Information.--The Secretary shall--
            (1) serve as a clearinghouse of information for persons
        interested in preserving historic lifesaving stations; and
            (2) make available to the public, including through the
        Internet, educational materials, research aids, guides,
        bibliographies, and other information regarding the Life-Saving
        Service and related organizations that provided humanitarian
        assistance to shipwrecked mariners, including--
                    (A) information on the history and development of
                the Life-Saving Service, predecessor private and State
                lifesaving organizations, and Coast Guard lifesaving
                stations;
                    (B) technical descriptions of lifesaving boats,
                line-guns, life cars, and other lifesaving gear;
                    (C) the inventory, documentation, and evaluation
                prepared under subsection (b); and
                    (D) guidance and technical assistance in the
                listing of historic lifesaving stations in the National
                Register of Historic Places.
    (d) Grants.--
            (1) In general.--The Secretary, subject to the availability
        of appropriations, shall make grants to coordinate and assist
        preservation of historic lifesaving stations.
            (2) Cost share.--The Federal share of the cost of an
        activity carried out with financial assistance under this
        subsection shall not exceed 75 percent of the total cost of the
        activity.
    (e) Definitions.--In this section:
            (1) Historic lifesaving station.--The term ``historic
        lifesaving station'' means any land, structure, equipment, or
        other physical artifact or facility formerly under the
        jurisdiction or control of the Life-Saving Service, including
        lifesaving stations, sailor's refuges, shipwreck survivors'
        cache sites, and lifeboats.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior, acting through the National Maritime
        Initiative of the National Park Service.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
            (1) for use in making grants under subsection (d),
        $5,000,000 for each of fiscal years 2004 through 2008; and
            (2) for carrying out the other provisions of this section
        $500,000 for each of fiscal years 2004 through 2008.

Output: United States Life-Saving Service Heritage Act - Directs the Secretary of the Interior, through the National Maritime Initiative of the National Park Service, to establish a program to inventory, evaluate, document, and assist efforts to preserve surviving U.S. Life-Saving Service stations.Requires the Secretary to: (1) serve as a clearinghouse of information for persons interested in restoring and preserving historic lifesaving stations; (2) make information regarding the Service and related organizations that provided humanitarian assistance to shipwrecked mariners available to the public; and (3) make grants to coordinate and assist such preservation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Musconetcong Wild and Scenic Rivers
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
        (1) the Secretary of the Interior, in cooperation and
    consultation with appropriate Federal, State, regional, and local
    agencies, is conducting a study of the eligibility and suitability
    of the Musconetcong River in the State of New Jersey for inclusion
    in the Wild and Scenic Rivers System;
        (2) the Musconetcong Wild and Scenic River Study Task Force,
    with assistance from the National Park Service, has prepared a
    river management plan for the study area entitled ``Musconetcong
    River Management Plan'' and dated April 2003 that establishes goals
    and actions to ensure long-term protection of the outstanding
    values of the river and compatible management of land and water
    resources associated with the Musconetcong River; and
        (3) 13 municipalities and 3 counties along segments of the
    Musconetcong River that are eligible for designation have passed
    resolutions in which the municipalities and counties--
            (A) express support for the Musconetcong River Management
        Plan;
            (B) agree to take action to implement the goals of the
        management plan; and
            (C) endorse designation of the Musconetcong River as a
        component of the Wild and Scenic Rivers System.

SEC. 3. DEFINITIONS.

    In this Act:
        (1) Additional river segment.--The term ``additional river
    segment'' means the approximately 4.3-mile Musconetcong River
    segment designated as ``C'' in the management plan, from
    Hughesville Mill to the Delaware River Confluence.
        (2) Management plan.--The term ``management plan'' means the
    river management plan prepared by the Musconetcong River Management
    Committee, the National Park Service, the Heritage Conservancy, and
    the Musconetcong Watershed Association entitled ``Musconetcong
    River Management Plan'' and dated April 2003 that establishes goals
    and actions to--
            (A) ensure long-term protection of the outstanding values
        of the river segments; and
            (B) compatible management of land and water resources
        associated with the river segments.
        (3) River segment.--The term ``river segment'' means any
    segment of the Musconetcong River, New Jersey, designated as a
    scenic river or recreational river by section 3(a)(167) of the Wild
    and Scenic Rivers Act (as added by section 4).
        (4) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior.

SEC. 4. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW JERSEY, AS
              SCENIC AND RECREATIONAL RIVERS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following:
    ``(167) Musconetcong river, new jersey.--
        ``(A) Designation.--The 24.2 miles of river segments in New
    Jersey, consisting of--
            ``(i) the approximately 3.5-mile segment from Saxton Falls
        to the Route 46 bridge, to be administered by the Secretary of
        the Interior as a scenic river; and
            ``(ii) the approximately 20.7-mile segment from the Kings
        Highway bridge to the railroad tunnels at Musconetcong Gorge,
        to be administered by the Secretary of the Interior as a
        recreational river.
        ``(B) Administration.--Notwithstanding section 10(c), the river
    segments designated under subparagraph (A) shall not be
    administered as part of the National Park System.''.

SEC. 5. MANAGEMENT.

    (a) Management Plan.--
        (1) In general.--The Secretary shall manage the river segments
    in accordance with the management plan.
        (2) Satisfaction of requirements for plan.--The management plan
    shall be considered to satisfy the requirements for a comprehensive
    management plan for the river segments under section 3(d) of the
    Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
        (3) Restrictions on water resource projects.--For purposes of
    determining whether a proposed water resources project would have a
    direct and adverse effect on the values for which a river segment
    is designated as part of the Wild and Scenic Rivers System under
    section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)),
    the Secretary shall consider the extent to which the proposed water
    resources project is consistent with the management plan.
        (4) Implementation.--The Secretary may provide technical
    assistance, staff support, and funding to assist in the
    implementation of the management plan.
    (b) Cooperation.--
        (1) In general.--The Secretary shall manage the river segments
    in cooperation with appropriate Federal, State, regional, and local
    agencies, including--
            (A) the Musconetcong River Management Committee;
            (B) the Musconetcong Watershed Association;
            (C) the Heritage Conservancy;
            (D) the National Park Service; and
            (E) the New Jersey Department of Environmental Protection.
        (2) Cooperative agreements.--Any cooperative agreement entered
    into under section 10(e) of the Wild and Scenic Rivers Act (16
    U.S.C. 1281(e)) relating to a river segment--
            (A) shall be consistent with the management plan; and
            (B) may include provisions for financial or other
        assistance from the United States to facilitate the long-term
        protection, conservation, and enhancement of the river segment.
    (c) Land Management.--
        (1) In general.--The Secretary may provide planning, financial,
    and technical assistance to local municipalities and nonprofit
    organizations to assist in the implementation of actions to protect
    the natural and historic resources of the river segments.
        (2) Plan requirements.--After adoption of recommendations made
    in section IV of the management plan, the zoning ordinances of the
    municipalities bordering the segments shall be considered to
    satisfy the standards and requirements under section 6(c) of the
    Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
    (d) Designation of Additional River Segment.--
        (1) Finding.--Congress finds that the additional river segment
    is suitable for designation as a recreational river if the
    Secretary determines that there is adequate local support for the
    designation of the additional river segment in accordance with
    paragraph (3).
        (2) Designation and administration.--If the Secretary
    determines that there is adequate local support for designating the
    additional river segment as a recreational river--
            (A) the Secretary shall publish in the Federal Register
        notice of the designation of the segment;
            (B) the segment shall be designated as a recreational river
        in accordance with the Wild and Scenic Rivers Act (16 U.S.C.
        1271 et seq.); and
            (C) the Secretary shall administer the additional river
        segment as a recreational river.
        (3) Criteria for local support.--In determining whether there
    is adequate local support for the designation of the additional
    river segment, the Secretary shall consider the preferences of
    local governments expressed in resolutions concerning designation
    of the additional river segment.
    (e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act and the
amendments made by this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Musconetcong Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments of the Musconetcong River, New Jersey, as scenic and recreational rivers. Prohibits such designated river segments from being administered as part of the National Park System.

Directs the Secretary of the Interior to manage those segments in accordance with the Musconetcong River Management Plan (dated April 2003), which establishes goals and actions to ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with such segments. Considers the management plan as satisfying the requirements for a comprehensive management plan for those river segments. Directs the Secretary, in determining whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, to consider the extent to which the project is consistent with the management plan. Authorizes the Secretary to provide technical assistance, staff support, and funding to assist in the implementation of the management plan.

Requires the Secretary to manage the river segments in cooperation with appropriate Federal, State, regional, and local agencies.

Requires any cooperative agreement entered into under the Act relating to a river segment to be consistent with the management plan. Permits an agreement to include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the river segment.

Authorizes the Secretary to provide planning, financial, and technical assistance to local municipalities and nonprofit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments. Considers, after adoption of recommendations made in section IV of the management plan, the zoning ordinances of the municipalities bordering the segments as satisfying requirements with respect to the curtailment of condemnation power in urban areas covered by valid and satisfactory zoning ordinances.

Provides for the designation of an additional river segment if there is adequate local support and for its administration as a recreational river.

Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Rocky Flats
Minerals Acquisition Act''.
    (b) Findings.--The Congress finds the following:
            (1) Pursuant to the Rocky Flats Wildlife Refuge Act of 2001
        (subtitle F of Public Law 107-107), upon completion of its
        cleanup and closure, the Rocky Flats Environmental Technology
        Site, located in Colorado, will be transferred to the
        Department of the Interior and managed as a unit of the
        National Wildlife Refuge System.
            (2) Acquisition by the United States of certain mineral
        rights associated with Rocky Flats is desirable in order to--
                    (A) further sound management of the site as a
                national wildlife refuge; and
                    (B) reduce the long-term responsibility of the
                Department of Energy.
            (3) The likelihood of acquiring such rights will be
        increased by providing the Secretary of the Interior additional
        methods for completion of the acquisition.
    (c) Purpose.--The purpose of this Act is to authorize and
facilitate acquisition of mineral and other rights associated with the
Rocky Flats site.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Mineral rights.--The term ``mineral rights'' means the
        right, title, and interest of parties other than the United
        States with respect to minerals located within the boundary of
        the Rocky Flats National Wildlife Refuge.
            (2) Fair market value.--The term ``fair market value''
        means the value of a mineral right, as determined by an
        appraisal performed by an independent, certified mineral
        appraiser under the Uniform Standards of Professional Appraisal
        Practice.
            (3) Natural resource damage liability claim.--The term
        ``natural resource damage liability claim'' means a natural
        resource damage liability claim under subsections (a)(4)(C) and
        (f) of section 107 of the Comprehensive Environmental Response,
        Compensation, and Liability Act of 1980 (42 U.S.C. 9607)
        arising from hazardous substances releases at or from Rocky
        Flats that, as of the date of enactment of this Act, are
        identified in the administrative record for Rocky Flats
        required by the National Oil and Hazardous Substances Pollution
        Contingency Plan prepared under section 105 of that Act (42
        U.S.C. 9605).
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (5) Trustees.--The term ``Trustees'' means the Federal and
        State officials designated as trustees under section 107(f)(2)
        of the Comprehensive Environmental Response, Compensation, and
        Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
            (6) Rocky flats.--The term ``Rocky Flats'' means the
        Department of Energy facility in the State of Colorado known as
        the ``Rocky Flats Environmental Technology Site''.
            (7) Rocky flats national wildlife refuge.--The term ``Rocky
        Flats National Wildlife Refuge'' has the same meaning as in the
        Rocky Flats National Wildlife Refuge Act (subtitle F of Public
        Law 107-107).

SEC. 3. PURCHASE OF MINERAL RIGHTS.

    (a) Purchase of Mineral Rights.--
            (1) In general.--The Secretary may purchase mineral rights.
            (2) Conditions.--The Secretary shall not purchase a mineral
        right under paragraph (1) unless--
                    (A) the owner of the mineral right is a willing
                seller; and
                    (B) the Secretary purchases the mineral right at
                fair market value.
    (b) Consultation Regarding Priority.--The Secretary shall consult
with the Secretary of the Interior in order to identify which purchases
of mineral rights should have the highest priority.
    (c) Retention of Minerals.--Mineral rights purchased under this Act
shall be retained by the United States, and are hereby withdrawn from
disposal under the mining and mineral leasing laws of the United
States.

SEC. 4. FUNDING AND RELEASE FROM LIABILITY.

    (a) Funding.--For the purpose of purchasing mineral rights under
this Act, the Secretary may use--
            (1) of the amounts appropriated to the Secretary for the
        Rocky Flats Environmental Technology Site during fiscal year
        2006, $10,000,000; and
            (2) any other funds appropriated for such purpose.
    (b) Release From Liability.--Notwithstanding any other law, any
natural resource damage liability claim shall be considered to be
satisfied by--
            (1) the purchase by the Secretary of mineral rights for
        consideration in an amount equal to $10,000,000;
            (2) the payment by the Secretary to the Trustees of
        $10,000,000; or
            (3) the purchase by the Secretary of any portion of mineral
        rights for--
                    (A) consideration in an amount less than
                $10,000,000; and
                    (B) a payment by the Secretary to the Trustees of
                an amount equal to the difference between $10,000,000
                and the amount paid under subparagraph (A).
    (c) Use of Funds.--
            (1) In general.--Any amounts received by the Trustees under
        subsection (b) shall be used by the Trustees for the purposes
        described in section 107(f)(1) of the Comprehensive
        Environmental Response, Compensation, and Liability Act of 1980
        (42 U.S.C. 9607(f)(1)), including--
                    (A) the purchase of any additional Rocky Flats
                mineral rights that were not purchased by the Secretary
                under this subsection; and
                    (B) the development of habitat restoration projects
                at Rocky Flats.
            (2) Condition.--Any expenditure of funds under this
        paragraph shall be made jointly by the Trustees.
            (3) Additional funds.--The Trustees may use the funds
        received under subsection (b)(3) in conjunction with other
        private and public funds.

SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES FOR LANDS CONTAINING
              ROCKY FLATS MINERALS.

    Notwithstanding the Rocky Flats National Wildlife Refuge Act (16
U.S.C. 668dd note; Public Law 107-107), administrative jurisdiction
over lands in Rocky Flats where active development of mineral rights is
occurring shall remain with the Secretary and shall not be transferred
to the Secretary of the Interior until such time as mining has
terminated and the lands have been reclaimed by the mineral rights
holders in accordance with requirements established by the State of
Colorado.

SEC. 6. ADDITIONAL AUTHORITY TO ACQUIRE MINERAL INTERESTS.

    Section 3174 of Public Law 107-107 (115 Stat. 1381) is amended by
adding at the end the following:
    ``(g) Acquisition of Mineral Interests and Interests in Lands or
Waters.--
            ``(1) In general.--The Secretary of the Interior may
        acquire mineral interests, including interests in sand and
        gravel, and any other non-Federal interests in lands or waters,
        within Rocky Flats by--
                    ``(A) purchase with funds available to the
                Secretary for such purpose;
                    ``(B) exchange under section 206 of the Federal
                Land Policy and Management Act of 1976 (43 U.S.C.
                1716);
                    ``(C) issuance of credits in an amount equal to
                some or all of the market value of the mineral or other
                interests acquired, with the concurrence of the person
                transferring such interests to the United States; or
                    ``(D) any combination of the means described in
                subparagraphs (A), (B), and (C).
            ``(2) Definition of credits.--For purposes of this
        subsection, the term `credits' means appropriate legal
        instruments or other written documentation, or an entry in an
        account managed by the Secretary of the Interior, that can be
        used in lieu of any other monetary payment--
                    ``(A) for bonus bids for lease sales on the Outer
                Continental Shelf; or
                    ``(B) for royalty due on oil or gas production
                under any lease of an area located on the Outer
                Continental Shelf outside the zone described in section
                8(g)(2) of the Outer Continental Shelf Lands Act (43
                U.S.C. 1337(g)(2)).
            ``(3) Transferability of credits.--Any credits issued under
        this subsection shall be freely transferable to any other
        person, if the transferor notifies the Secretary of the
        Interior of the transfer by such method as the Secretary may
        specify.
            ``(4) Expiration.--Any credits issued under this subsection
        shall expire 10 years after the date on which they are issued.
            ``(5) Acquisition through exchange.--
                    ``(A) Same-state restriction not applicable.--The
                requirement under section 206(b) of the Federal Land
                Policy and Management Act of 1976 (43 U.S.C. 1716(b))
                that lands or interests exchanged under that section
                must be located in the same State shall not apply to
                land (or an interest in land) in Rocky Flats that is
                acquired by the United States in an exchange under that
                section.
                    ``(B) Limitations.--
                            ``(i) Suitability for disposal.--Nothing in
                        this subsection shall be construed as
                        authorizing disposal of any public land or
                        interest therein that has not been identified
                        as suitable for disposal pursuant to section
                        203 of the Federal Land Policy and Management
                        Act of 1976 (43 U.S.C. 1713).
                            ``(ii) Lands outside exterior boundaries.--
                        No lands (or interests therein) located outside
                        the exterior boundaries of Rocky Flats may be
                        acquired by the Federal Government for the
                        purposes of this subtitle except with the
                        consent of the owner thereof.
            ``(6) Management of acquired interests.--Any interests
        acquired by the United States under this subsection shall be
        managed by the Secretary of the Interior under the standards
        that apply to the Rocky Flats National Wildlife Refuge. No
        minerals acquired under this subsection shall be subject to
        development or disposal by the United States or any other party
        under any law related to minerals owned by the United States.
            ``(7) Relation to other authority.--The authorities
        provided to the Secretary of the Interior by this subsection
        are in addition to any other authority available to the
        Secretary with regard to acquisition of non-Federal interests
        located within Rocky Flats.''.

SEC. 7. EXEMPTION.

    No acquisition of mineral rights under this Act shall be considered
to constitute a major Federal action significantly affecting the
quality of the human environment for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Output:
Rocky Flats Minerals Acquisition Act - Authorizes the Secretary of Energy to purchase, at fair market value from willing sellers, rights to minerals located within the Rocky Flats National Wildlife Refuge.

Withdraws such rights from disposal under federal mining and mineral leasing laws.

Authorizes the Secretary to use certain funds appropriated for the Rocky Flats Environmental Technology Site during FY 2006 to purchase such rights.

Cites purchase and payment conditions for satisfaction of any natural resource damage liability claim.

Declares that administrative jurisdiction over lands in Rocky Flats where active development of mineral rights is occurring remains with the Secretary and shall not be transferred to the Secretary of the Interior until mining has been terminated and the lands have been reclaimed by the mineral rights holders in accordance with Colorado state requirements.

Amends the National Defense Authorization Act for FY2002 to prescribe procedures under which the Secretary of the Interior may acquire mineral interests, including interests in sand and gravel and any other non-federal interests in lands or waters within Rocky Flats.


Input:
SECTION 1. ENCOURAGEMENT OF CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY
              MADE FOR CONSERVATION PURPOSES.

    (a) In General.--
            (1) Individuals.--Paragraph (1) of subsection 170(b) of the
        Internal Revenue Code of 1986 (relating to percentage
        limitations) is amended by redesignating subparagraphs (E) and
        (F) as subparagraphs (F) and (G), respectively, and by
        inserting after subparagraph (D) the following new
        subparagraph:
                    ``(E) Contributions of qualified conservation
                contributions.--
                            ``(i) In general.--Any qualified
                        conservation contribution (as defined in
                        subsection (h)(1)) to an organization described
                        in subparagraph (A) shall be allowed to the
                        extent the aggregate of such contributions does
                        not exceed the excess of 50 percent of the
                        taxpayer's contribution base over the amount of
                        all other charitable contributions allowable
                        under this paragraph.
                            ``(ii) Carryover.--If the aggregate amount
                        of contributions described in clause (i)
                        exceeds the limitation of clause (i), such
                        excess shall be treated (in a manner consistent
                        with the rules of subsection (d)(1)) as a
                        charitable contribution to which clause (i)
                        applies in each of the 15 succeeding years in
                        order of time.
                            ``(iii) Coordination with other
                        subparagraphs.--For purposes of applying this
                        subsection and subsection (d)(1), contributions
                        described in clause (i) shall not be treated as
                        described in subparagraph (A), (B), (C), or
                        (D).
                            ``(iv) Qualified farmer or rancher.--
                                    ``(I) In general.--If the
                                individual is a qualified farmer or
                                rancher for the taxable year in which
                                the contribution is made, clause (i)
                                shall be applied by substituting `100
                                percent' for `50 percent'.
                                    ``(II) Definition.--For purposes of
                                subclause (I), the term `qualified
                                farmer or rancher' means a taxpayer
                                whose gross income from the trade or
                                business of farming (within the meaning
                                of section 2032A(e)(5)) is greater than
                                50 percent of the taxpayer's gross
                                income for the taxable year.''.
            (2) Corporations.--Paragraph (2) of section 170(b) of such
        Code is amended to read as follows:
            ``(2) Corporations.--In the case of a corporation--
                    ``(A) In general.--The total deductions under
                subsection (a) for any taxable year (other than for
                contributions to which subparagraph (B) applies) shall
                not exceed 10 percent of the taxpayer's taxable income.
                    ``(B) Qualified conservation contributions by
                certain corporate farmers and ranchers.--
                            ``(i) In general.--Any qualified
                        conservation contribution (as defined in
                        subsection (h)(1)) made--
                                    ``(I) by a corporation which, for
                                the taxable year during which the
                                contribution is made, is a qualified
                                farmer or rancher (as defined in
                                paragraph (1)(E)(iv)(II)) and the stock
                                of which is not readily tradable on an
                                established securities market at any
                                time during such year, and
                                    ``(II) to an organization described
                                in paragraph (1)(A), shall be allowed
                                to the extent the aggregate of such
                                contributions does not exceed the
                                excess of the taxpayer's taxable income
                                over the amount of charitable
                                contributions allowable under
                                subparagraph (A).
                            ``(ii) Carryover.--If the aggregate amount
                        of contributions described in clause (i)
                        exceeds the limitation of clause (i), such
                        excess shall be treated (in a manner consistent
                        with the rules of subsection (d)(2)) as a
                        charitable contribution to which clause (i)
                        applies in each of the 15 succeeding years in
                        order of time.
                    ``(C) Taxable income.--For purposes of this
                paragraph, taxable income shall be computed without
                regard to--
                            ``(i) this section,
                            ``(ii) part VIII (except section 248),
                            ``(iii) any net operating loss carrryback
                        to the taxable year under section 172,
                            ``(iv) section 199, and
                            ``(v) any capital loss carryback to the
                        taxable year under section 1212(a)(1).''.
    (b) Conforming Amendments.--
            (1) The second sentence of clause (i) of section
        170(b)(1)(C) of such Code is amended by striking ``subparagraph
        (D)'' and inserting ``subparagraph (D) or (E)''.
            (2) Clause (i) of section 170(b)(1)(D) of such Code is
        amended by striking ``subparagraph (A)'' and inserting
        ``subparagraphs (A) or (E)''.
            (3) Paragraph (2) of section 170(d) of such Code is amended
        by striking ``subsection (b)(2)'' each place it appears and
        inserting ``subsection (b)(2)(A)''.
            (4) Section 545(b)(2) of such Code is amended by striking
        ``and (D)'' and inserting ``(D), and (E)''.
    (c) Effective Date.--The amendments made by this section shall
apply to contributions made in taxable years beginning after December
31, 2005, and before January 1, 2008.

Output: Amends the Internal Revenue Code to allow: (1) taxpayers making charitable contributions of real property for conservation purposes (qualified conservation contributions) to deduct up to 50% (currently, 30%) of their income for such contributions (100% for certain farmers or ranchers); and (2) a 15-year carryover of excess tax deduction amounts for such contributions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Court of Appeals
Act''.

SEC. 2. ESTABLISHMENT OF COURT OF APPEALS FOR THE SOCIAL SECURITY
              CIRCUIT.

    (a) Number and Composition of Circuits.--Section 41 of title 28,
United States Code, is amended--
            (1) by striking ``thirteen'' and inserting ``fourteen'';
        and
            (2) by adding at the end of the table contained therein the
        following:

          ``Social Security........
                                        All Federal judicial
                                                districts.''.
    (b) Number and Residence of Circuit Judges.--(1) Section 44(a) of
title 28, United States Code, is amended by adding at the end of the
table contained therein the following:

          ``Social Security........
                                        5.''.
    (2) Section 44(c) of title 28, United States Code, is amended by
adding at the end the following: ``While in active service, each
circuit judge of the Social Security judicial circuit shall reside
within fifty miles of the District of Columbia.''.
    (c) Terms of Court.--(1) Section 48(a) of title 28, United States
Code, is amended by adding at the end of the table contained therein
the following:

          ``Social Security........
                                        District of Columbia, and in
                                                any other place listed
                                                above as the court
                                                directs.''.
    (2) Section 48(d) of title 28, United States Code, is amended by
inserting ``and of the Court of Appeals for the Social Security
Circuit'' after ``Federal Circuit''.

SEC. 3. JURISDICTION.

    (a) Final Decisions of District Courts.--Section 1291 of title 28,
United States Code, is amended--
            (1) in the first sentence by inserting ``and the United
        States Court of Appeals for the Social Security Circuit'' after
        ``Federal Circuit''; and
            (2) by adding at the end the following: ``The jurisdiction
        of the United States Court of Appeals for the Social Security
        Circuit shall be limited to the jurisdiction described in
        subsections (b) and (e) of section 1292 and section 1296 of
        this title.''.
    (b) Interlocutory Decisions.--Section 1292 of title 28, United
States Code, is amended--
            (1) in subsection (a) in the matter preceding paragraph (1)
        by striking ``and (d)'' and inserting ``(d), and (e)'';
            (2) in subsection (e)--
                    (A) by redesignating such subsection as subsection
                (f); and
                    (B) by striking ``or (d)'' and inserting ``(d), or
                (e)''; and
            (3) by inserting after subsection (d) the following:
    ``(e) The United States Court of Appeals for the Social Security
Circuit shall have exclusive jurisdiction of an appeal from an
interlocutory order or decree described in subsection (a) of this
section in any case over which the court would have jurisdiction of an
appeal under section 1296 of this title.''.
    (c) Circuits in Which Decisions Are Reviewable.--Section 1294 of
title 28, United States Code, is amended by striking ``and 1295'' and
inserting ``1292(e), 1295, and 1296''.
    (d) General Jurisdiction.--(1) Chapter 83 of title 28, United
States Code, is amended by adding at the end the following new section:
``Sec. 1296. Jurisdiction of the United States Court of Appeals for the
              Social Security Circuit
    ``The United States Court of Appeals for the Social Security
Circuit shall have exclusive jurisdiction of an appeal from a final
decision of a district court of the United States, the District Court
of Guam, the District Court of the Virgin Islands, or the District
Court for the Northern Mariana Islands, on a determination of the
Secretary of Health and Human Services under title II or XVI of the
Social Security Act that is subject to judicial review as provided in
section 205(g) of that Act.''.
    (2) The table of sections at the beginning of chapter 83 of title
5, United States Code, is amended by adding at the end the following:

``1296. Jurisdiction of the United States Court of Appeals for the
                            Social Security Circuit.''.
    (e) Amendment to the Social Security Act.--Section 205(g) of the
Social Security Act (42 U.S.C. 405(g)) is amended by striking ``The
judgment of the court shall be final except that it shall be subject to
judicial review in the same manner as a judgment in other civil
actions.'' and inserting ``The judgment of the court shall be final
except that it may be appealed to the United States Court of Appeals
for the Social Security Circuit under chapter 83 of title 28, United
States Code.''.

SEC. 4. ADMINISTRATIVE MATTERS.

    (a) Judicial Discipline.--Section 372(c)(18) of title 28, United
States Code, is amended by striking ``and the Court of Appeals for the
Federal Circuit'' and inserting ``the Court of Appeals for the Federal
Circuit, and the Court of Appeals for the Social Security Circuit''.
    (b) Official Duty Station.--Section 456(b) of title 28, United
States Code, is amended by inserting ``the United States Court of
Appeals for the Social Security Circuit,'' after ``Federal Circuit,''.
    (c) Court Accommodations.--Section 462(d) of title 28, United
States Code, is amended by inserting ``, for the United States Court of
Appeals for the Social Security Circuit,'' after ``Federal Circuit''.
    (d) Transmission of Petitions.--(1) Section 520 of title 28, United
States Code, is amended--
            (A) in subsection (a) by striking ``Claims Court or in the
        United States Court of Appeals for the Federal Circuit'' and
        inserting ``Court of Federal Claims, in the United States Court
        of Appeals for the Federal Circuit, or in the United States
        Court of Appeals for the Social Security Circuit''; and
            (B) by amending the section heading to read as follows:
``Sec. 520. Transmission of petitions in United States Court of Federal
              Claims, in the United States Court of Appeals for the
              Federal Circuit, or in the United States Court of Appeals
              for the Social Security Circuit; statement furnished by
              departments''.
    (2) The item relating to section 520 in the table of sections at
the beginning of chapter 31 of title 28, United States Code, is amended
to read as follows:

``520. Transmission of petitions in United States Court of Federal
                            Claims in the United States Court of
                            Appeals for the Federal Circuit, or in the
                            United States Court of Appeals for the
                            Social Security Circuit; statement
                            furnished by departments.''.
    (e) Budget Estimates.--Section 605 of title 28, United States Code,
is amended in the second undesignated paragraph--
            (1) by striking ``such court and'' and inserting ``such
        court,''; and
            (2) by inserting before the period at the end the
        following: ``, and the estimate with respect to the United
        States Court of Appeals for the Social Security Circuit shall
        be approved by such court''.

SEC. 5. OTHER CONFORMING AMENDMENTS.

    (a) Review of Agency Orders.--Section 2342 of title 28, United
States Code, is amended by inserting ``and the United States Court of
Appeals for the Social Security Circuit'' after ``Federal Circuit''.
    (b) Internal Revenue Code.--Section 7482(a)(1) of the Internal
Revenue Code of 1986 (26 U.S.C. 7482(a)(1)) is amended by inserting
``and the United States Court of Appeals for the Social Security
Circuit'' after ``Federal Circuit''.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall
take effect 180 days after the date of the enactment of this Act.
    (b) Applicability.--The amendments made by this Act shall apply
with respect to any appeal of an interlocutory order or of a decision
of a district court that is filed on or after the effective date of
this Act.

Output:
Social Security Court of Appeals Act - Amends the Federal judicial code to provide for the establishment of a United States Court of Appeals for the Social Security Circuit.
Grants exclusive jurisdiction to such court over specified interlocutory orders or decrees and over appeals from final decisions of a U.S. district court, or the district courts of Guam, the Virgin Islands, or the Northern Mariana Islands, or determinations of the Secretary of Health and Human Services under titles II or XVI of the Social Security Act that are subject to judicial review.
Makes conforming amendments to the Social Security Act and the Internal Revenue Code.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Fairness for Fishermen
Act''.

SEC. 2. PAYMENT OF COSTS, FEES, AND EXPENSES INCURRED BY CERTAIN
              PREVAILING PARTIES.

    (a) Use of Sums Received as Fines, Penalties, and Forfeitures.--
Section 311(e) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861(e)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3) and
        moving such paragraph 2 ems to the left, so that the left
        margin of such paragraph is aligned with the left margin of
        such section; and
            (2) by inserting after paragraph (1) the following new
        paragraph:
    ``(2)(A) Payment shall be made from the sums described in paragraph
(1) in the case of any amount awarded--
            ``(i) under section 504 of title 5, United States Code, to
        a prevailing party other than the United States in an
        adjudication by the Secretary under section 308 of this Act,
        notwithstanding any provision to the contrary in such section
        504;
            ``(ii) under section 2412 of title 28, United States Code,
        to a prevailing party other than the United States--
                    ``(I) in a civil action for review of action by the
                Secretary in an adjudication under section 308 of this
                Act, notwithstanding any provision to the contrary in
                such section 2412; or
                    ``(II) in a civil forfeiture action under section
                310 of this Act, notwithstanding any provision to the
                contrary in such section 2412; and
            ``(iii) under subsection (d) of section 309 of this Act to
        a defendant who is a substantially prevailing party in a
        criminal action under such section.
    ``(B) If the sums described in paragraph (1) available to the
Secretary or the Secretary of the Treasury on the date of the award of
an amount described in subparagraph (A) are not sufficient to pay the
full amount awarded, payment shall be made under such subparagraph to
the extent of the availability of such sums, and the remainder of the
amount shall be paid--
            ``(i) in the case of an award described in clause (i),
        (ii)(I), or (ii)(II) of such subparagraph, as provided under
        section 504 of title 5 or section 2412 of title 28, United
        States Code, as the case may be, without regard to this
        paragraph; or
            ``(ii) in the case of an award described in clause (iii) of
        such subparagraph, out of any general appropriation for payment
        of judgments against the United States.''.
    (b) Attorney Fees of Substantially Prevailing Criminal
Defendants.--Section 309 of such Act (16 U.S.C. 1859) is amended by
adding at the end the following new subsection:
    ``(d) Attorney Fees of Substantially Prevailing Defendants.--A
defendant who is a substantially prevailing party in a criminal action
under this section may be awarded reasonable attorney fees.''.

SEC. 3. CERTAIN USES OF SUMS RECEIVED AS FINES, PENALTIES, AND
              FORFEITURES NO LONGER AUTHORIZED.

    (a) In General.--Section 311(e)(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(e)(1)) is amended--
            (1) by striking subparagraph (B);
            (2) by striking subparagraph (C); and
            (3) by striking subparagraph (F).
    (b) Conforming Amendments.--Such section is further amended--
            (1) in subparagraph (D)--
                    (A) by adding ``and'' at the end; and
                    (B) by redesignating such subparagraph as
                subparagraph (B); and
            (2) in subparagraph (E)--
                    (A) by striking ``; and'' and inserting a period;
                    (B) by redesignating such subparagraph as
                subparagraph (C); and
                    (C) by moving such subparagraph 2 ems to the left,
                so that the left margin of such subparagraph is aligned
                with the left margin of subparagraph (B), as
                redesignated by paragraph (1)(B).

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided, the amendments made
by this Act take effect on the date of the enactment of this Act.
    (b) Attorney Fees of Substantially Prevailing Criminal
Defendants.--
            (1) In general.--The amendment made by section 2(b) applies
        with respect to criminal actions brought on or after the date
        of the enactment of this Act.
            (2) Payment in case of pre-enactment criminal actions
        brought after establishment of asset forfeiture fund.--
                    (A) In general.--Not later than 180 days after the
                date of the enactment of this Act, the Secretary of
                Commerce shall establish a process for making payments
                from the amount set aside under subparagraph (B) of
                reasonable attorney fees to defendants who are
                substantially prevailing parties in criminal actions
                brought under section 309 of the Magnuson-Stevens
                Fishery Conservation and Management Act (16 U.S.C.
                1859) during the period beginning on November 28, 1990,
                and ending on the day before the date of the enactment
                of this Act. Such process shall--
                            (i) require application by a defendant
                        seeking such a payment; and
                            (ii) provide for the proration of such
                        payments if the amount so set aside is
                        insufficient to provide for payment of all such
                        fees for all such defendants.
                    (B) Funds set aside.--Not later than 180 days after
                the date of the enactment of this Act, from the sums
                described in section 311(e)(1) of the Magnuson-Stevens
                Fishery Conservation and Management Act (16 U.S.C.
                1861(e)(1)) that the Secretary of Commerce determines
                are available, the Secretary shall set aside an amount
                the Secretary considers fair and appropriate to be used
                for payments under this paragraph.
    (c) Certain Uses of Sums Received as Fines, Penalties, and
Forfeitures No Longer Authorized.--
            (1) Rewards for provision of information.--The amendment
        made by section 3(a)(1) does not apply to payment of rewards
        for information that was provided before the date of the
        enactment of this Act.
            (2) Investigation and enforcement expenses.--The amendment
        made by section 3(a)(2) does not apply to payment of expenses
        incurred before the date of the enactment of this Act.
            (3) Reimbursement to federal and state agencies.--The
        amendment made by section 3(a)(3) does not apply to payment of
        reimbursements under agreements entered into before the date of
        the enactment of this Act.

Output:
Ensuring Fairness for Fishermen Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to require the payment of costs, fees, and expenses incurred by certain prevailing parties in proceedings under such Act from sums received as fines, penalties, and forfeitures.

Directs the Secretary of Commerce to establish a process for paying attorneys' fees to defendants who are substantially prevailing parties in criminal actions brought under such Act during the period beginning on November 28, 1990, and ending on the day before the date of the enactment of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Regulatory Responsibility for our
Economy Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' means any authority of the United
        States that is--
                    (A) an agency as defined under section 3502(1) of
                title 44, United States Code; and
                    (B) shall include an independent regulatory agency
                as defined under section 3502(5) of title 44, United
                States Code;
            (2) the term ``regulation''--
                    (A) means an agency statement of general
                applicability and future effect, which the agency
                intends to have the force and effect of law, that is
                designed to implement, interpret, or prescribe law or
                policy or to describe the procedure or practice
                requirements of an agency; and
                    (B) shall not include--
                            (i) regulations issued in accordance with
                        the formal rulemaking provisions of sections
                        556 and 557 of title 5, United States Code;
                            (ii) regulations that pertain to a military
                        or foreign affairs function of the United
                        States, other than procurement regulations and
                        regulations involving the import or export of
                        non-defense articles and services; or
                            (iii) regulations that are limited to
                        agency organization, management, or personnel
                        matters;
            (3) the term ``regulatory action'' means any substantive
        action by an agency (normally published in the Federal
        Register) that promulgates or is expected to lead to the
        promulgation of a final regulation, including notices of
        inquiry, advance notices of proposed rulemaking, and notices of
        proposed rulemaking; and
            (4) the term ``significant regulatory action'' means any
        regulatory action that is likely to result in a regulation that
        may--
                    (A) have an annual effect on the economy of
                $100,000,000 or more or adversely affect in a material
                way the economy, a sector of the economy, productivity,
                competition, jobs, the environment, public health or
                safety, or State, local, or tribal governments or
                communities;
                    (B) create a serious inconsistency or otherwise
                interfere with an action taken or planned by another
                agency;
                    (C) materially alter the budgetary impact of
                entitlements, grants, user fees, or loan programs or
                the rights and obligation of recipients thereof;
                    (D) add to the national debt; or
                    (E) raise novel legal or policy issues arising out
                of legal mandates, the President's priorities, or the
                principles set forth in this Act.

SEC. 3. AGENCY REQUIREMENTS.

    (a) Federal Regulatory System.--The Federal regulatory system
shall--
            (1) protect the public health, welfare, safety, and the
        environment of the United States, especially those promoting
        economic growth, innovation, competitiveness, and job creation;
            (2) be based on the best available science and information;
            (3) allow for public participation and an open exchange of
        ideas;
            (4) promote predictability and reduce uncertainty,
        including adherence to a clearly articulated timeline for the
        release of regulatory documents at all stages of the regulatory
        process;
            (5) identify and use the best, most innovative, and least
        burdensome tools for achieving regulatory ends;
            (6) take into account benefits and costs, both quantitative
        and qualitative;
            (7) ensure that regulations are accessible, consistent,
        written in plain language, and easy to understand; and
            (8) measure, and seek to improve, the actual results of
        regulatory requirements.
    (b) Requirements.--Each agency shall--
            (1) propose or adopt a regulation only upon a reasoned
        determination that the benefits of the regulation justify the
        costs of the regulation to the extent permitted by law;
            (2) tailor regulations of the agency to impose the least
        burden on society, consistent with obtaining regulatory
        objectives, taking into account, among other things, the costs
        of cumulative regulations;
            (3) select, in choosing among alternative regulatory
        approaches, those approaches that maximize net benefits,
        including potential economic, environmental, public health and
        safety, and other advantages, distributive impacts, and equity;
            (4) specify performance objectives, rather than specifying
        the behavior or manner of compliance that regulated entities
        are required to adopt;
            (5) identify and assess available alternatives to direct
        regulation, including providing economic incentives to
        encourage the desired behavior, such as user fees or marketable
        permits, or providing information upon which choices can be
        made by the public; and
            (6) use the best available techniques to quantify
        anticipated present and future benefits and costs.

SEC. 4. PUBLIC PARTICIPATION.

    (a) In General.--Regulations shall be--
            (1) adopted through a process that involves public
        participation; and
            (2) based, to the extent consistent with law, on the open
        exchange of information and perspectives among State, local,
        and tribal officials, experts in relevant disciplines, affected
        stakeholders in the private sector, and the public as a whole.
    (b) Opportunity To Participate.--Each agency shall--
            (1) provide the public with an opportunity to participate
        in the regulatory process;
            (2) as authorized by law, afford the public a meaningful
        opportunity to comment through the Internet on any proposed
        regulation, with a comment period that shall begin on the date
        on which the proposed regulation is published in the Federal
        Register and be not less than 60 days, unless the relevant
        regulation is designated by the Administrator of the Office of
        Information and Regulatory Affairs to be an emergency rule;
            (3) provide, for both proposed and final rules, timely
        online access to the rulemaking docket on regulations.gov,
        including relevant scientific and technical findings, in an
        open format that can be easily searched and downloaded; and
            (4) for proposed rules, provide access to include, to the
        extent permitted by law, an opportunity for public comment on
        all pertinent parts of the rulemaking docket, including
        relevant scientific and technical findings.
    (c) Seeking Affected Parties.--Before issuing a notice of proposed
rulemaking, each agency shall, where appropriate, seek the views of
those who are likely to be affected, including those who are likely to
benefit from and those who are potentially subject to such rulemaking.
    (d) Delay of Implementation.--
            (1) In general.--An agency shall delay implementation of an
        interim final rule until final disposition of a challenge is
        entered by a court in the United States, if--
                    (A) the agency excepted the rule from notice and
                public procedure under section 553(b)(B) of title 5,
                United States Code; and
                    (B) the agency exception of the rule described
                under paragraph (1) is challenged in a court in the
                United States.
            (2) Length of delay.--If implementation of an interim final
        rule is delayed under paragraph (1), the delay shall continue
        until a final disposition of the challenge is entered by the
        court.

SEC. 5. INTEGRATION AND INNOVATION.

    (a) Findings.--Congress finds that--
            (1) some sectors and industries face a significant number
        of regulatory requirements, some of which may be redundant,
        inconsistent, or overlapping; and
            (2) greater coordination across agencies should reduce
        these requirements, thus reducing costs and simplifying and
        harmonizing rules.
    (b) Promotion of Innovation.--In developing regulatory actions and
identifying appropriate approaches, each agency shall--
            (1) promote coordination, simplification, and
        harmonization; and
            (2) identify means to achieve regulatory goals that are
        designed to promote innovation.

SEC. 6. FLEXIBLE APPROACHES.

    (a) In General.--Each agency shall identify and consider regulatory
approaches that reduce burdens, especially economic burdens, and
maintain flexibility and freedom of choice for the public.
    (b) Contents.--The approaches described under subsection (a) shall
include warnings, appropriate default rules, disclosure requirements,
and the provision of information to the public in a form that is clear
and intelligible.

SEC. 7. SCIENCE.

    Each agency shall ensure the objectivity of any scientific and
technological information and processes used to support the regulatory
actions of the agency.

SEC. 8. RETROSPECTIVE ANALYSES OF EXISTING RULES.

    (a) Retrospective Analyses.--
            (1) In general.--To facilitate the periodic review of
        existing significant regulatory actions, agencies shall
        consider how best to promote retrospective analysis of rules
        that may be outmoded, ineffective, insufficient, or excessively
        burdensome, and to modify, streamline, expand, or repeal such
        regulations in accordance with what has been learned.
            (2) Agreement.--Once every 5 years, each agency may enter
        into an agreement with a qualified private organization to
        conduct the retrospective analysis described in paragraph (1)
        of the agency.
            (3) Publication online.--Any retrospective analyses
        conducted under this subsection, including supporting data,
        shall be published online.
    (b) Agency Plans.--
            (1) Plan.--
                    (A) In general.--Not later than 180 days after the
                date of enactment of this Act, each agency shall
                develop and submit to the appropriate congressional
                committees a preliminary plan for reviewing significant
                regulatory actions issued by the agency, consistent
                with law, under which the agency shall review its
                existing significant regulatory actions once every 5
                years to determine whether such regulations should be
                modified, streamlined, expanded, or repealed so as to
                make the regulatory program of the agency more
                effective or less burdensome in achieving the
                regulatory objectives.
                    (B) Repeal.--If the plan described in subparagraph
                (A) includes suggestions for needed repeals a timeline
                for such repeals shall also be included in the plan.
            (2) Report.--Upon completion of a review under a plan
        submitted under paragraph (1), each agency shall submit to the
        appropriate congressional committees a report that--
                    (A) describes the outcome of the review, including
                which regulations were modified, streamlined, expanded,
                or repealed;
                    (B) describes the reasons for the modifications,
                streamlining, expansions, or repeals described in
                subparagraph (A); and
                    (C) in any case where an agency did not take
                action, describes the reasons why the agency did not
                take action to modify, streamline, expand, or repeal
                any significant regulatory actions.

Output:
Regulatory Responsibility for our Economy Act of 2011 - Sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations.

Requires federal agencies to: (1) propose or adopt regulations only upon a reasoned determination that the benefits of such regulations justify their costs; (2) tailor regulations to impose the least burden on society and to maximize economic and other benefits; (3) involve the public and parties affected by regulations in the regulatory process; (4) develop regulatory actions that promote innovation, flexibility, and objectivity; and (5) consider methods to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and develop plans for reviewing on a periodic basis significant regulation actions (i.e., those having an annual effect on the economy of $100 million or more or otherwise adversely affecting the economy).


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hazardous Materials Cooperative
Research Act of 2005''.

SEC. 2. FINDINGS AND PURPOSES.

     Congress finds the following:
            (1) There are more than 1,000,000 shipments per day in the
        United States of materials identified as hazardous by the
        United States Department of Transportation. These shipments are
        estimated to total 2,100,000,000 tons of hazardous cargo per
        year and to comprise more than 18 percent of the total freight
        tonnage moved in the United States annually.
            (2) Hazardous materials are shipped by all transportation
        modes and it is estimated that there are currently 400,000
        large trucks, 115,000 railroad tank cars, and 3,000 tank barges
        dedicated to the shipment of hazardous materials.
            (3) More than a dozen Federal agencies have regulatory,
        enforcement, and operational responsibilities for ensuring the
        safety and security of hazardous materials shipments. In
        addition, a variety of State and local agencies have
        responsibility for developing and enforcing State-level
        regulations and for responding to incidents involving hazardous
        materials.
            (4) Decisions regarding the packaging and routing of
        hazardous materials shipments, the development and
        implementation of procedures to ensure both the safety and
        security of such shipments, and the regulation of hazardous
        materials shipments are made by industry groups and government
        entities at a variety of levels and in all modal
        administrations of the Department of Transportation on a daily
        basis.
            (5) The Federal agencies involved in the regulation and
        oversight of hazardous materials shipments as well as State and
        local governments, carriers, shippers, and other groups conduct
        on-going research on the transportation of hazardous materials.
        However, much of this research is program or mode-specific and
        as such is focused on addressing only the regulatory,
        inspection, enforcement, or operational needs of the group
        undertaking the research.
            (6) There is a documented need for the establishment of a
        cooperative research program that will engage all modes and
        actors, both public and private, involved in the transportation
        of hazardous materials in conducting cross-cutting assessments
        of hazardous materials transportation issues that are national
        and multi-modal in scope and application.

SEC. 3. HAZARDOUS MATERIALS COOPERATIVE RESEARCH PROGRAM.

    (a) In General.--From the amounts made available under section 5127
of title 49, United States Code, the Secretary of Transportation may
obligate not to exceed $2,000,000 per fiscal year to develop and
administer a hazardous materials cooperative research program.
    (b) Governance.--The Secretary of Transportation shall establish an
independent governing board to select projects and studies to be
carried out under the hazardous materials cooperative research program.
The Board shall be comprised of one voting representative from the
following:
            (1) The Federal Aviation Administration.
            (2) The Federal Motor Carrier Administration.
            (3) The Federal Transit Administration.
            (4) The Federal Railroad Administration.
            (5) The Maritime Administration.
            (6) The Research and Innovative Technology Administration.
            (7) The Pipeline and Hazardous Materials Safety
        Administration.
            (8) The Department of Homeland Security.
            (9) The Department of Energy.
            (10) The Environmental Protection Agency.
            (11) A State department of transportation.
            (12) A State emergency management agency.
            (13) A nonprofit organization representing emergency
        responders.
            (14) A hazmat employer.
            (15) A nonprofit organization representing hazmat
        employees.
            (16) A hazardous materials shipper.
            (17) A hazardous materials manufacturer.
            (18) An organization representing the hazardous materials
        manufacturing industry.
            (19) A research university or research institution.
            (20) Additional representatives as the Secretary considers
        appropriate.
    (c) Research Studies.--Under the cooperative research program, the
governing board shall select cooperative research studies of hazardous
materials transportation that are cross-cutting in nature and that
consider issues not adequately addressed by existing Federal or private
sector research programs. Priority shall be given to research studies
that will yield results immediately applicable to risk analysis and
mitigation or that will strengthen the ability of first responders to
respond to incidents and accidents involving transportation of
hazardous materials.
    (d) Special Rules Regarding Studies.--
            (1) Safety and security.--The purpose of at least one of
        the studies to be conducted under the cooperative research
        program shall be--
                    (A) to provide an assessment of opportunities for
                integrating and supplementing safety and security
                measures for hazardous materials transportation;
                    (B) to identify areas where safety and security
                measures currently utilized in the transportation of
                hazardous materials conflict or complement one another;
                    (C) to outline a comprehensive approach to
                hazardous materials transportation that effectively
                incorporates safety and security procedures; and
                    (D) to produce a model of reasonable State and
                local risk response and management plans that
                effectively address safety and security of hazardous
                materials transportation.
            (2) Performance data for bulk containers .--The purpose of
        at least one of the studies to be conducted under the research
        program shall be to provide--
                    (A) an analysis of, and recommendations for, the
                design and funding of a nationwide system capable of
                collecting and analyzing performance data from bulk
                containers involved in transportation accidents; and
                    (B) recommendations that can be used to develop
                conditional release probabilities for various container
                design specifications (by transport mode).
            (3) Packaging requirements.-- The purpose of at least one
        of the studies to be conducted under the research program shall
        be to provide an analysis of recommendations on appropriate
        packaging requirements for those hazardous materials that are
        most frequently involved in release incidents.
            (4) Routing.--The purpose of at least one of the studies to
        be conducted under the research program shall be to identify
        the components that could comprise a model of risk and
        consequence analysis in rail and highway transportation and
        that can be used to facilitate decisionmaking regarding the
        routing of hazardous materials shipments and the development of
        regulations regarding mandatory routing decisions.
            (5) Response coverage.--The purpose of at least one of the
        studies to be conducted under the research program shall be to
        provide an assessment of the quality of response coverage for
        hazardous materials incidents, including cost-effective
        strategies for improving response capabilities and making
        recommendations on systematic approaches that could be used to
        allocate government funding to enhance response capability.
            (6) Response guidelines.--The purpose of at least one of
        the studies to be conducted under the research program shall
        be--
                    (A) to develop a guideline document for use by
                emergency responders and handlers to guide their
                response to incidents involving hazardous materials and
                to define the roles and responsibilities of carriers
                and shippers in event response; and
                    (B) to detail event response procedures that can be
                consistently applied across all modes.
    (e) Implementation.--The Secretary of Transportation shall make
grants to, and enter a cooperative agreement with, the National Academy
of Sciences to carry out activities under this Act.
    (f) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall transmit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the effectiveness of the program in meeting the needs of government and
the private sector for cooperative research on hazardous materials
transportation.
    (g) Definitions.--In this Act, the terms ``hazmat employer'' and
``hazmat employee'' have the meaning given those terms in section 5102
of title 49, United States Code.

Output: Hazardous Materials Cooperative Research Act of 2005 - Authorizes the Secretary of Transportation to obligate for each fiscal year certain hazardous materials transportation funds to develop and administer a hazardous materials cooperative research program. Directs the Secretary to establish an independent governing board to select cooperative research projects and studies of hazardous materials transportation to be carried out under the program that will yield results immediately applicable to risk analysis and mitigation or that will strengthen the ability of first responders to respond to accidents involving the transportation of hazardous materials.