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

    (a) Short Title.--This Act may be cited as the ``NRC Fairness in
Funding Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
                            TITLE I--FUNDING

Sec. 101. Nuclear Regulatory Commission annual charges.
Sec. 102. Nuclear Regulatory Commission authority over former licensees
                            for decommissioning funding.
Sec. 103. Cost recovery from Government agencies.
                       TITLE II--OTHER PROVISIONS

Sec. 201. Office location.
Sec. 202. License period.
Sec. 203. Elimination of NRC antitrust reviews.
Sec. 204. Gift acceptance authority.
Sec. 205. Carrying of firearms by licensee employees.
Sec. 206. Unauthorized introduction of dangerous weapons.
Sec. 207. Sabotage of nuclear facilities or fuel.

                            TITLE I--FUNDING

SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.

    Section 6101 of the Omnibus Budget Reconciliation Act of 1990 (42
U.S.C. 2214) is amended--
            (1) in subsection (a)(3), by striking ``September 30,
        1999'' and inserting ``September 20, 2005''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by inserting ``or certificate
                holder'' after ``licensee''; and
                    (B) by striking paragraph (2) and inserting the
                following:
            ``(2) Aggregate amount of charges.--
                    ``(A) In general.--The aggregate amount of the
                annual charges collected from all licensees and
                certificate holders in a fiscal year shall equal an
                amount that approximates the percentages of the budget
                authority of the Commission for the fiscal year stated
                in subparagraph (B), less--
                            ``(i) amounts collected under subsection
                        (b) during the fiscal year; and
                            ``(ii) amounts appropriated to the
                        Commission from the Nuclear Waste Fund for the
                        fiscal year.
                    ``(B) Percentages.--The percentages referred to in
                subparagraph (A) are--
                            ``(i) 98 percent for fiscal year 2001;
                            ``(ii) 96 percent for fiscal year 2002;
                            ``(iii) 94 percent for fiscal year 2003;
                            ``(iv) 92 percent for fiscal year 2004; and
                            ``(v) 88 percent for fiscal year 2005.''.

SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER LICENSEES
              FOR DECOMMISSIONING FUNDING.

    Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i))
is amended--
            (1) by striking ``and (3)'' and inserting ``(3)''; and
            (2) by inserting before the semicolon at the end the
        following: ``, and (4) to ensure that sufficient funds will be
        available for the decommissioning of any production or
        utilization facility licensed under section 103 or 104b.,
        including standards and restrictions governing the control,
        maintenance, use, and disbursement by any former licensee under
        this Act that has control over any fund for the decommissioning
        of the facility''.

SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.

    Section 161w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w))
is amended--
            (1) by striking ``, or which operates any facility
        regulated or certified under section 1701 or 1702,'';
            (2) by striking ``483a'' and inserting ``9701''; and
            (3) by inserting before the period at the end the
        following: ``, and, commencing October 1, 2000, prescribe and
        collect from any other Government agency any fee, charge, or
        price that the Commission may require in accordance with
        section 9701 of title 31, United States Code, or any other
        law''.

                       TITLE II--OTHER PROVISIONS

SEC. 201. OFFICE LOCATION.

    Section 23 of the Atomic Energy Act of 1954 (42 U.S.C. 2033) is
amended by striking ``; however, the Commission shall maintain an
office for the service of process and papers within the District of
Columbia''.

SEC. 202. LICENSE PERIOD.

    Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c))
is amended--
            (1) by striking ``c. Each such'' and inserting the
        following:
    ``c. License Period.--
            ``(1) In general.--Each such''; and
            (2) by adding at the end the following:
            ``(2) Combined licenses.--In the case of a combined
        construction and operating license issued under section 185(b),
        the initial duration of the license may not exceed 40 years
        from the date on which the Commission finds, before operation
        of the facility, that the acceptance criteria required by
        section 185(b) are met.''.

SEC. 203. ELIMINATION OF NRC ANTITRUST REVIEWS.

    Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is
amended by adding at the end the following:
    ``(d) Applicability.--Subsection (c) shall not apply to an
application for a license to construct or operate a utilization
facility under section 103 or 104(b) that is pending on or that is
filed on or after the date of enactment of this subsection.''.

SEC. 204. GIFT ACCEPTANCE AUTHORITY.

    (a) In General.--Section 161g. of the Atomic Energy Act of 1954 (42
U.S.C. 2201(g)) is amended--
            (1) by inserting ``(1)'' after ``(g)'';
            (2) by striking ``this Act;'' and inserting ``this Act;
        or''; and
            (3) by adding at the end the following:
            ``(2) accept, hold, utilize, and administer gifts of real
        and personal property (not including money) for the purpose of
        aiding or facilitating the work of the Nuclear Regulatory
        Commission.''.
    (b) Criteria for Acceptance of Gifts.--
            (1) In general.--Chapter 14 of title I of the Atomic Energy
        Act of 1954 (42 U.S.C. 2201 et seq.) is amended by adding at
        the end the following:

``SEC. 170C. CRITERIA FOR ACCEPTANCE OF GIFTS.

    ``(a) In General.--The Commission shall establish written criteria
for determining whether to accept gifts under section 161g.(2).
    ``(b) Considerations.--The criteria under subsection (a) shall take
into consideration whether the acceptance of the gift would compromise
the integrity of, or the appearance of the integrity of, the Commission
or any officer or employee of the Commission.''.
            (2) Conforming and technical amendments.--The table of
        contents of chapter 14 of title I of the Atomic Energy Act of
        1954 (42 U.S.C. prec. 2011) is amended by adding at the end the
        following:

``Sec. 170C. Criteria for acceptance of gifts.''.

SEC. 205. CARRYING OF FIREARMS BY LICENSEE EMPLOYEES.

    (a) In General.--Chapter 14 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2201 et seq.) (as amended by section 204(b)) is
amended--
            (1) in section 161, by striking subsection k. and inserting
        the following:
    ``(k) authorize to carry a firearm in the performance of official
duties such of its members, officers, and employees, such of the
employees of its contractors and subcontractors (at any tier) engaged
in the protection of property under the jurisdiction of the United
States located at facilities owned by or contracted to the United
States or being transported to or from such facilities, and such of the
employees of persons licensed or certified by the Commission (including
employees of contractors of licensees or certificate holders) engaged
in the protection of facilities owned or operated by a Commission
licensee or certificate holder that are designated by the Commission or
in the protection of property of significance to the common defense and
security located at facilities owned or operated by a Commission
licensee or certificate holder or being transported to or from such
facilities, as the Commission considers necessary in the interest of
the common defense and security;'' and
            (2) by adding at the end the following:

``SEC. 170D. CARRYING OF FIREARMS.

    ``(a) Authority To Make Arrest.--
            ``(1) In general.--A person authorized under section 161k.
        to carry a firearm may, while in the performance of, and in
        connection with, official duties, arrest an individual without
        a warrant for any offense against the United States committed
        in the presence of the person or for any felony under the laws
        of the United States if the person has a reasonable ground to
        believe that the individual has committed or is committing such
        a felony.
            ``(2) Limitation.--An employee of a contractor or
        subcontractor or of a Commission licensee or certificate holder
        (or a contractor of a licensee or certificate holder)
        authorized to make an arrest under paragraph (1) may make an
        arrest only--
                    ``(A) when the individual is within, or is in
                flight directly from, the area in which the offense was
                committed; and
                    ``(B) in the enforcement of--
                            ``(i) a law regarding the property of the
                        United States in the custody of the Department
                        of Energy, the Nuclear Regulatory Commission,
                        or a contractor of the Department of Energy or
                        Nuclear Regulatory Commission or a licensee or
                        certificate holder of the Commission;
                            ``(ii) a law applicable to facilities owned
                        or operated by a Commission licensee or
                        certificate holder that are designated by the
                        Commission under section 161k.;
                            ``(iii) a law applicable to property of
                        significance to the common defense and security
                        that is in the custody of a licensee or
                        certificate holder or a contractor of a
                        licensee or certificate holder of the
                        Commission; or
                            ``(iv) any provision of this Act that
                        subjects an offender to a fine, imprisonment,
                        or both.
            ``(3) Other authority.--The arrest authority conferred by
        this section is in addition to any arrest authority under other
        law.
            ``(4) Guidelines.--The Secretary and the Commission, with
        the approval of the Attorney General, shall issue guidelines to
        implement section 161k. and this subsection.''.
    (b) Conforming and Technical Amendments.--The table of contents of
chapter 14 of title I of the Atomic Energy Act of 1954 (42 U.S.C. prec.
2011) (as amended by section 204(b)(2)) is amended by adding at the end
the following:

``Sec. 170D. Carrying of firearms.''.

SEC. 206. UNAUTHORIZED INTRODUCTION OF DANGEROUS WEAPONS.

    Section 229a. of the Atomic Energy Act of 1954 (42 U.S.C. 2278a(a))
is amended in the first sentence by inserting ``or subject to the
licensing authority of the Commission or to certification by the
Commission under this Act or any other Act'' before the period at the
end.

SEC. 207. SABOTAGE OF NUCLEAR FACILITIES OR FUEL.

    Section 236a. of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a))
is amended--
            (1) in paragraph (2), by striking ``storage facility'' and
        inserting ``storage, treatment, or disposal facility'';
            (2) in paragraph (3)--
                    (A) by striking ``such a utilization facility'' and
                inserting ``a utilization facility licensed under this
                Act''; and
                    (B) by striking ``or'' at the end;
            (3) in paragraph (4)--
                    (A) by striking ``facility licensed'' and inserting
                ``or nuclear fuel fabrication facility licensed or
                certified''; and
                    (B) by striking the period at the end and inserting
                ``; or''; and
            (4) by adding at the end the following:
            ``(5) any production, utilization, waste storage, waste
        treatment, waste disposal, uranium enrichment, or nuclear fuel
        fabrication facility subject to licensing or certification
        under this Act during construction of the facility, if the
        person knows or reasonably should know that there is a
        significant possibility that the destruction or damage caused
        or attempted to be caused could adversely affect public health
        and safety during the operation of the facility.''.

            Passed the Senate April 13, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 1627

_______________________________________________________________________

                                 AN ACT

To extend the authority of the Nuclear Regulatory Commission to collect
               fees through 2005, and for other purposes.

Output:
(Sec. 101) Reformulates the aggregate annual charges collected from all licensees and certificate holders.
(Sec. 102) Amends the Atomic Energy Act of 1954 to authorize the NRC to prescribe regulations to ensure that sufficient funds will be available for the decommissioning of certain licensed production or utilization facilities, including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee that has control over any fund for the decommissioning of the facility.
(Sec. 103) Authorizes the NRC, beginning in FY 2001, to assess and collect fees for full cost recovery from other Federal agencies in return for services rendered by the NRC (rather than recover these costs through the annual fees assessed to all NRC licensees).
Title II: Other Provisions
 - Repeals the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia.
(Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met.
(Sec. 203) Declares certain antitrust review procedures inapplicable to pending or future license applications to construct or operate utilization facilities for either commercial or medical therapy and research and development purposes.
(Sec. 204) Authorizes the NRC to accept, hold, utilize, sell, and administer gifts, bequests, or donations of real and personal property (not including money) for the purpose of aiding or facilitating its work. Instructs the NRC to establish written criteria for gift acceptance, taking into consideration whether acceptance of the gift would compromise the integrity, or the appearance of the integrity of, the NRC or any officer or employee.
(Sec. 205) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities.
(Sec. 206) Authorizes the NRC to issue trespass regulations relating to the introduction of dangerous weapons, explosives, or other dangerous instruments or materials likely to produce substantial personal injury or damage to property subject to its licensing or certification authority.
(Sec. 207) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the person knows or reasonably should know that there is a significant possibility that the destruction or damage caused or attempted could affect public health and safety during facility operation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Toxic Metals Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Antimony.--The term ``antimony'' means elemental
        antimony (Sb) and any compounds or alloys which contain
        antimony.
            (2) Barium.--The term ``barium'' means elemental barium
        (Ba) and any compounds or alloys which contain barium.
            (3) Cadmium.--The term ``cadmium'' means elemental cadmium
        (Cd) and any compounds or alloys which contain cadmium.
            (4) Children's jewelry.--
                    (A) In general.--The term ``children's jewelry''
                means any jewelry, including charms, bracelets,
                pendants, necklaces, earrings, or rings, that is
                designed or intended to be worn or used by children 12
                years of age or younger and is sold or distributed at
                retail.
                    (B) Determination of intention for wear or use by
                children.--In determining under subparagraph (A)
                whether jewelry is designed or intended for wear or use
                by children 12 years of age or younger, the following
                factors shall be considered:
                            (i) A statement by a manufacturer about the
                        intended use of the product if such statement
                        is reasonable.
                            (ii) Any label on the product.
                            (iii) Whether the product is represented in
                        its packaging, display, promotion, or
                        advertising as appropriate for children 12
                        years of age or younger.
                            (iv) Whether the product is commonly
                        recognized by consumers as being intended for
                        use by children 12 years of age or younger.
                            (v) The Age Determination Guidelines:
                        Relating Children's Ages to Toy Characteristics
                        and Play Behavior, issued by the Commission in
                        September 2002, and any modifications to such
                        Guidelines.
            (5) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission.
            (6) Sold or distributed at retail.--The term ``sold or
        distributed at retail'' means sold or distributed to a
        consumer, but does not include selling activity that is
        intermittent.

SEC. 3. BAN ON CERTAIN PRODUCTS CONTAINING CADMIUM, BARIUM OR ANTIMONY.

    (a) Treatment as Banned Hazardous Substance.--Any children's
jewelry that is composed in whole or in part of cadmium, barium, or
antimony shall be treated as a banned hazardous substance under the
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.).
    (b) Treatment as a Regulation Under the Federal Hazardous
Substances Act.--The ban imposed under subsection (a) shall be treated
as regulations of the Commission promulgated under or for the
enforcement of section 2(q) of the Federal Hazardous Substances Act (15
U.S.C. 1261(q)).
    (c) Regulations.--The Commission may prescribe regulations to carry
out the provisions of this Act.

SEC. 4. ENFORCEMENT.

    (a) Penalties.--
            (1) In general.--Any failure of a person subject to a
        requirement of section 3 to comply with such requirement shall
        be treated as a violation of section 4 of the Federal Hazardous
        Substances Act (15 U.S.C. 1263) and subject to the penalties
        set forth in section 5 of such Act (15 U.S.C. 1264).
    (b) Reports.--
            (1) In general.--Not later than 1 year after the date of
        the enactment of this Act, and annually thereafter, the
        Commission shall submit to Congress a report on the actions
        taken by the Commission to enforce the provisions of this Act,
        including a summary of the criminal and civil penalties imposed
        under subsection (a).
            (2) Heavy metals.--Not later than 1 year after the date of
        the enactment of this Act, the Commission shall submit a report
        to Congress regarding heavy metals which should be banned from
        children's products.

SEC. 5. EFFECT ON FEDERAL AND STATE LAW.

    (a) In General.--Nothing in this Act or section 18(b)(1)(B) of the
Federal Hazardous Substances Act (15 U.S.C. 1261 note) shall affect the
authority of any State or political subdivision of a State to establish
or continue in effect a provision of the law of a State or political
subdivision of a State relating to regulation of products containing
cadmium, barium, or antimony, except to the extent that compliance with
both State and Federal law is impossible. Nothing in this section shall
be construed to modify or affect any enforcement action or liability of
any person under the law of any State.
    (b) Preservation of Certain State Law.--Nothing in this Act shall
be construed to preempt or otherwise affect any warning requirement
relating to consumer products or substances that is established
pursuant to State law that was in effect on August 31, 2003.

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on the date of the enactment of this Act
and shall apply with respect to children's jewelry manufactured on or
after the date that is 90 days after such date of enactment.

Output:
Children's Toxic Metals Act - Bans as a hazardous substance and prohibits the manufacture, sale, or distribution in commerce of jewelry containing cadmium, barium, or antimony for children 12 years old or younger.

Sets forth: (1) factors to determine whether jewelry is designed or intended for wear or use by such children; and (2) penalties for violations of such prohibition.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FHA Refinance Program Termination
Act''.

SEC. 2. RESCISSION OF FUNDING FOR FHA REFINANCE PROGRAM.

    Effective on the date of the enactment of this Act, there are
rescinded and permanently canceled all unexpended balances remaining
available as of such date of enactment of the amounts made available
under title I of the Emergency Economic Stabilization Act (Public Law
110-343; 12 U.S.C. 5211 et seq.) that have been allocated for use under
the FHA Refinance Program (pursuant to Mortgagee Letter 2010-23 of the
Secretary of Housing and Urban Development) of the Making Home
Affordable initiative of the Secretary of the Treasury. All such
unexpended balances so rescinded and permanently canceled shall be
retained in the general fund of the Treasury for reducing the debt of
the Federal Government.

SEC. 3. TERMINATION OF FHA REFINANCE PROGRAM.

    (a) Termination of Mortgagee Letter.--The Mortgagee Letter referred
to in section 2 shall be void and have no effect and the Secretary of
Housing and Urban Development may not issue any regulation, order,
notice, or mortgagee letter based on or substantially similar to such
Mortgagee Letter.
    (b) Treatment of Remaining Funds.--Notwithstanding subsection (a)
of this section, any amounts made available for use under the Program
referred to in section 2 of this Act and expended before the date of
the enactment of this Act shall continue to be governed by the
Mortgagee Letter specified in subsection (a) of this section, and any
other provisions of law, regulations, orders, and notices, applicable
to such amounts, as in effect immediately before such date of
enactment.
    (c) Termination.--After the enactment of this Act, the Secretary of
Housing and Urban Development may not newly insure any mortgage under
the FHA Refinance Program referred to in section 2 of this Act except
pursuant to a commitment to insure made before such enactment, and upon
the completion of all activities with respect to such commitments under
the provisions of law, regulations, orders, notices, and mortgagee
letters referred to in subsection (b) of this section, the Secretary of
Housing and Urban Development shall terminate the FHA Refinance Program
referred to in section 2.
    (d) Study of Use of Program by Members of the Armed Forces,
Veterans, Gold Star Recipients, and Members and Veterans With Service-
connected Disabilities and Their Families.--
            (1) Study.--The Secretary of Housing and Urban Development
        shall conduct a study to determine the extent of usage of the
        FHA Refinance Program referred to in section 2 by, and the
        impact of such program on, covered homeowners.
            (2) Report.--Not later than the expiration of the 90-day
        period beginning on the date of the enactment of this Act, the
        Secretary shall submit to the Congress a report setting forth
        the results of the study under paragraph (1) and identifying
        best practices, with respect to covered homeowners, that could
        be applied to the FHA Refinance Program.
            (3) Covered homeowner.--For purposes of this subsection,
        the term ``covered homeowner'' means a homeowner who is--
                    (A) a member of the Armed Forces of the United
                States on active duty or the spouse or parent of such a
                member;
                    (B) a veteran, as such term is defined in section
                101 of title 38, United States Code;
                    (C) eligible to receive a Gold Star lapel pin under
                section 1126 of title 10, United States Code, as a
                widow, parent, or next of kin of a member of the Armed
                Forces person who died in a manner described in
                subsection (a) of such section; and
                    (D) such members and veterans of the Armed Forces
                who have service-connected injuries, and survivors and
                dependents of such members and veterans of the Armed
                Forces with such injuries.

SEC. 4. PUBLICATION OF MEMBER AVAILABILITY FOR ASSISTANCE.

    Not later than 5 days after the date of the enactment of this Act,
the Secretary of Housing and Urban Development shall publish to its
Website on the World Wide Web in a prominent location, large point
font, and boldface type the following statement: ``The FHA Short
Refinance Program, which was intended to provide borrowers with
refinance opportunities, has been terminated. If you are having trouble
paying your mortgage and need help contacting your lender or servicer
for purposes of negotiating or acquiring a loan modification, please
contact your Member of Congress to assist you in contacting your lender

or servicer for the purpose of negotiating or acquiring a loan
modification.''.

            Passed the House of Representatives March 10, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
FHA Refinance Program Termination Act - Rescinds and permanently cancels all unexpended funding remaining available and allocated for the Federal Housing Administration (FHA) Refinancing Program of the Making Home Affordable initiative of the Secretary of the Treasury (under which borrowers owing more on their mortgage than the value of their home are provided opportunities to refinance into a FHA loan). Terminates the program.

Requires all such unobligated balances so rescinded and permanently canceled to be retained in the general fund of the Treasury for reducing the debt of the federal government.

Directs the Secretary of Housing and Urban Development (HUD) to study: (1) the extent to which the FHA Refinancing Program is used by homeowners who are active duty members of the Armed Forces (or their spouses or parents), veterans, Gold Star-eligible widows, parents, or next of kin of Armed Forces members who died in military operations, or members or veterans with service-connected injuries (and their survivors and dependents); and (2) the impact of the program on such homeowners.

Directs the HUD Secretary to publish a statement on the HUD website as to: (1) termination of the FHA Short [sic] Refinance Program; and (2) the availability of a Member of Congress to assist any borrower having trouble paying a mortgage and needing help contacting the borrower's lender or servicer to negotiate or acquire a loan modification.


Input:
SECTION 1. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S
              DEATH.

    (a) Old-Age Insurance Benefits.--Section 202(a) of the Social
Security Act (42 U.S.C. 402(a)) is amended by striking ``the month
preceding'' in the matter following subparagraph (B).
    (b) Wife's Insurance Benefits.--
            (1) In general.--Section 202(b)(1) of such Act (42 U.S.C.
        402(b)(1)) is amended--
                    (A) by striking ``and ending with the month'' in
                the matter immediately following clause (ii) and
                inserting ``and ending with the month in which she dies
                or (if earlier) with the month'';
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraphs (F) through (K)
                as subparagraphs (E) through (J).
            (2) Conforming amendments.--Section 202(b)(5)(B) of such
        Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F),
        (H), or (J)'' and inserting ``(E), (G), or (I)''.
    (c) Husband's Insurance Benefits.--
            (1) In general.--Section 202(c)(1) of such Act (42 U.S.C.
        402(c)(1)) is amended--
                    (A) by striking ``and ending with the month'' in
                the matter immediately following clause (ii) and
                inserting ``and ending with the month in which he dies
                or (if earlier) with the month'';
                    (B) by striking subparagraph (E); and
                    (C) by redesignating subparagraphs (F) through (K)
                as subparagraphs (E) through (J), respectively.
            (2) Conforming amendments.--Section 202(c)(5)(B) of such
        Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F),
        (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively.
    (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42
U.S.C. 402(d)(1)) is amended--
            (1) by striking ``and ending with the month'' in the matter
        immediately preceding subparagraph (D) and inserting ``and
        ending with the month in which such child dies or (if earlier)
        with the month''; and
            (2) by striking ``dies, or'' in subparagraph (D).
    (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42
U.S.C. 402(e)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: she
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which she dies or (if earlier)
with the month preceding the first month in which she remarries or''.
    (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act
(42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: he
remarries, dies,'' in the matter following subparagraph (F) and
inserting ``ending with the month in which he dies or (if earlier) with
the month preceding the first month in which he remarries''.
    (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of
such Act (42 U.S.C. 402(g)(1)) is amended--
            (1) by inserting ``with the month in which he or she dies
        or (if earlier)'' after ``and ending'' in the matter following
        subparagraph (F); and
            (2) by striking ``he or she remarries, or he or she dies''
        and inserting ``or he or she remarries''.
    (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42
U.S.C. 402(h)(1)) is amended by striking ``ending with the month
preceding the first month in which any of the following occurs: such
parent dies, marries,'' in the matter following subparagraph (E) and
inserting ``ending with the month in which such parent dies or (if
earlier) with the month preceding the first month in which such parent
marries, or such parent''.
    (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act
(42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month
preceding whichever of the following months is the earliest: the month
in which he dies,'' in the matter following subparagraph (D) and
inserting the following: ``ending with the month in which he dies or
(if earlier) with the month preceding the earlier of'' and by striking
the comma after ``216(l))''.
    (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section
228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the
month preceding'' in the matter following paragraph (4).

SEC. 2. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM
              PROVISIONS.

    Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is
amended by adding at the end the following new paragraph:
    ``(10) Notwithstanding any other provision of this Act, in applying
the preceding provisions of this subsection (and determining maximum
family benefits under column V of the table in or deemed to be in
section 215(a) as in effect in December 1978) with respect to the month
in which the insured individual's death occurs, the benefit payable to
such individual for that month shall be disregarded.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to deaths
occurring after the month in which this Act is enacted.

Output: Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death with benefits for that month disregarded for purposes of determining maximum family benefits.


Input:
SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Manufacturing Extension Partnership services are
        available in all 50 States and at 392 locations.
            (2) The Manufacturing Extension Partnership delivers
        critical services to small and midsized manufacturers,
        providing access to public and private resources that enhance
        growth, improve productivity, and expand capacity.
            (3) The Manufacturing Extension Partnership helps
        manufacturers position themselves as strong long-term
        competitors in domestic and international markets.
            (4) Of the 7 million jobs lost in the recession as of
        February 2009, over 2 million were from the manufacturing
        sector, and the Manufacturing Extension Partnership reported
        creating or retaining over 57,000 manufacturing jobs in the
        most recent surveyed year.
            (5) The Manufacturing Extension Partnership has delivered
        $1.44 billion in cost savings annually and $10.5 billion in
        increased or retained sales in a single year.
            (6) Every dollar contributed by the Federal Government to
        the Manufacturing Extension Partnership is matched 2-to-1 by
        State and local governments and participating manufacturers.
            (7) The recession has strained many State budgets, and 23
        State Manufacturing Extension Partnership Centers reported a
        decrease or elimination of State funding in 2009.
            (8) When a State decreases or eliminates funding for the
        Manufacturing Extension Partnership, the cost-share burden is
        shifted to small manufacturers who are unlikely to be able to
        afford increased contributions during an economic downturn, and
        the availability of Manufacturing Extension Partnership
        services is jeopardized.
            (9) A reduction in the matching requirement for
        participants in the Manufacturing Extension Partnership will
        greatly alleviate the burden on State budgets and small
        manufacturers and preserve the Manufacturing Extension
        Partnership's ability to provide critical services to small
        manufacturers and create much-needed jobs in the manufacturing
        sector.

SEC. 2. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP PROGRAM.

    Section 25(c) of the National Institute of Standards and Technology
Act (15 U.S.C. 278k(c)) is amended--
            (1) in paragraph (1), by inserting ``, unless otherwise
        determined under paragraph (3)(C)'' before the period at the
        end;
            (2) in paragraph (3)--
                    (A) in subparagraph (B)--
                            (i) by striking ``not less than 50 percent
                        of the costs incurred for the first 3 years and
                        an increasing share for each of the last 3
                        years'' and inserting ``the applicant's share
                        of the costs incurred (in this subsection
                        referred to as `cost share')''; and
                            (ii) by striking ``For purposes of the
                        preceding sentence, the'' and inserting
                        ``The'';
                    (B) by redesignating subparagraphs (C) and (D) as
                subparagraphs (D) and (E), respectively;
                    (C) by inserting after subparagraph (B) the
                following new subparagraph:
                    ``(C) The Secretary shall by rule establish
                appropriate criteria to be considered in determining a
                Center's cost share. A Center's cost share shall in no
                case exceed 50 percent of the costs incurred by such
                Center. The Secretary shall review each Center's cost
                share annually and at such other times as the Secretary
                considers appropriate. An adjustment to a Center's cost
                share in a year shall not affect the amount of Federal
                funds such Center receives in such year.''; and
                    (D) in subparagraph (D), as redesignated by
                subparagraph (B)--
                            (i) by striking ``50 percent'' and
                        inserting ``cost share''; and
                            (ii) by striking ``Center's contribution''
                        and inserting ``Center's cost share''; and
            (3) in paragraph (5)--
                    (A) in the 6th sentence, by striking ``at declining
                levels''; and
                    (B) in the last sentence--
                            (i) by striking ``Funding'' and inserting
                        ``Unless otherwise determined under paragraph
                        (3)(C), funding''; and
                            (ii) by striking ``one third'' and
                        inserting ``50 percent''.

Output: Amends the National Institute of Standards and Technology Act to reduce the matching funds requirement for participants in the Hollings Manufacturing Extension Partnership Program (providing services to small and mid-sized manufacturers) from not less than 50% of the costs incurred for the first three years and an increasing share for each of the last three years to no more than 50% of the costs incurred by a participating Regional Center for the Transfer of Manufacturing Technology. Directs the Secretary of Commerce to establish criteria to determine a Center's cost share.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expand and Rebuild America's Schools
Act of 2006''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The National Center for Education Statistics projects
        that public school enrollment will reach 53,000,000 in 2010, an
        increase of 3,500,000 from the 2003 enrollment level. Many
        States and school districts will need to build new schools in
        order to accommodate this increase in student enrollments.
            (2) In response to reduced class mandates enforced by State
        governments and increased enrollment, many school districts
        have been forced to utilize temporary classrooms and other
        structures to accommodate increased school populations, along
        with resorting to year-round schedules for students.
            (3) Research has proven a direct correlation between the
        condition of school facilities and student achievement.
        Research has shown that students assigned to schools in poor
        condition can be expected to fall 10.9 percentage points behind
        those in buildings in excellent condition. Similar studies have
        demonstrated up to a 20 percent improvement in test scores when
        students were moved from a school with poor facilities to a new
        facility.
            (4) While school construction and maintenance are primarily
        a State and local concern, States and communities have not, on
        their own, met the increasing burden of providing acceptable
        school facilities, and the poorest communities have had the
        greatest difficulty meeting this need.
            (5) Many local educational agencies have difficulties
        securing financing for school facility construction and
        renovation, especially in States that require a \2/3\ majority
        of voter approval for the passage of local bond initiatives.
            (6) The Federal Government, by providing interest subsidies
        and similar types of support, can lower the costs of State and
        local school infrastructure investment, creating an incentive
        for businesses to support local school infrastructure
        improvement efforts.
            (7) The United States competitive position within the world
        economy is vulnerable if America's future workforce continues
        to be educated in schools not equipped for the 21st century.
        America must do everything in its power to properly educate its
        people to compete in the global marketplace.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to encourage public-private partnerships for the
        financing of school construction and expansion, and
            (2) to help local educational agencies bring all public
        school facilities up to an acceptable standard and build the
        additional classrooms needed to educate the growing number of
        students who will enroll in the next decade.

SEC. 4. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.

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

``SEC. 30D. CREDIT TO HOLDERS OF SCHOOL CONSTRUCTION BONDS.

    ``(a) Allowance of Credit.--In the case of an eligible taxpayer who
holds a school construction bond on the credit allowance date of such
bond which occurs during the taxable year, there shall be allowed as a
credit against the tax imposed by this chapter for such taxable year
the amount determined under subsection (b).
    ``(b) Amount of Credit.--The amount of the credit determined under
this subsection with respect to any school construction bond is the
amount equal to the product of--
            ``(1) the credit rate determined by the Secretary under
        section 1397E(b)(2) for the month in which such bond was
        issued, multiplied by
            ``(2) the face amount of the bond held by the taxpayer on
        the credit allowance date.
    ``(c) Limitation Based on Amount of Tax.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess of--
            ``(1) the sum of the regular tax liability (as defined in
        section 26(b)) plus the tax imposed by section 55, over
            ``(2) the sum of the credits allowable under this part
        (other than under this section and subpart C thereof, relating
        to refundable credits) and section 1397E.
    ``(d) School Construction Bond.--For purposes of this section--
            ``(1) In general.--The term `school construction bond'
        means any bond issued as part of an issue if--
                    ``(A) 95 percent or more of the proceeds of such
                issue are to be used for a qualified purpose with
                respect to a new qualified school established by an
                eligible local education agency,
                    ``(B) the bond is issued by a State or local
                government within the jurisdiction of which such school
                is located,
                    ``(C) the issuer--
                            ``(i) designates such bond for purposes of
                        this section,
                            ``(ii) certifies that it has written
                        assurances that the private business
                        contribution requirement of paragraph (2) will
                        be met with respect to such school, and
                            ``(iii) certifies that it has the written
                        approval of the eligible local education agency
                        for such bond issuance, and
                    ``(D) the term of each bond which is part of such
                issue does not exceed the maximum term permitted under
                section 1397E(d)(3).
            ``(2) Private business contribution requirement.--
                    ``(A) In general.--For purposes of paragraph (1),
                the private business contribution requirement of this
                paragraph is met with respect to any issue if the
                eligible local education agency that established the
                qualified school has written commitments from private
                entities to make qualified contributions having a
                present value (as of the date of issuance of the issue)
                of not less than 10 percent of the proceeds of the
                issue.
                    ``(B) Qualified contributions.--For purposes of
                subparagraph (A), the term `qualified contribution'
                means any contribution (of a type and quality
                acceptable to the eligible local education agency) of--
                            ``(i) equipment for use in the qualified
                        school (including state-of-the-art technology
                        and vocational equipment),
                            ``(ii) technical assistance in developing
                        curriculum or in training teachers in order to
                        promote appropriate market driven technology in
                        the classroom,
                            ``(iii) services of employees as volunteer
                        mentors,
                            ``(iv) internships, field trips, or other
                        educational opportunities outside the school
                        for students, or
                            ``(v) any other property or service
                        specified by the eligible local education
                        agency.
            ``(3) Qualified school.--
                    ``(A) In general.--The term `qualified school'
                means any public school which is established by and
                operated under the supervision of an eligible local
                education agency to provide education or training below
                the postsecondary level if--
                            ``(i) such public school is designed in
                        cooperation with business to enhance the
                        academic curriculum, increase graduation and
                        employment rates, and better prepare students
                        for the rigors of college and the increasingly
                        complex workforce,
                            ``(ii) students in such public school will
                        be subject to the same academic standards and
                        assessments as other students educated by the
                        local education agency,
                            ``(iii) a well-structured program to
                        alleviate overcrowding and to improve students'
                        education has been constructed and implemented
                        in the opinion of the Secretary of Education,
                        and
                            ``(iv) at least 2 of the following
                        requirements are met:
                                    ``(I) There is a reasonable
                                expectation (as of the date of issuance
                                of the bonds) that at least 35 percent
                                of the population attending such public
                                school will be eligible for free or
                                reduced-cost lunches under the school
                                lunch program established under the
                                National School Lunch Act.
                                    ``(II) There is a reasonable
                                expectation (as of the date of issuance
                                of the bonds) that the student growth
                                rate over the next 5 years for the
                                school district in which such public
                                school is to be located will be at
                                least 10 percent.
                                    ``(III) The average student-teacher
                                ratio for such district as of the date
                                of issuance of the bonds is at least 28
                                to 1.
                    ``(B) Eligible local education agency.--The term
                `eligible local education agency' means any local
                educational agency as defined in section 14101 of the
                Elementary and Secondary Education Act of 1965.
            ``(4) Qualified purpose.--
                    ``(A) In general.--The term `qualified purpose'
                means, with respect to any qualified school--
                            ``(i) constructing a new school facility,
                        and
                            ``(ii) providing equipment for use at such
                        facility.
                    ``(B) School facility.--The term `school facility'
                means a new public structure suitable for use as a
                classroom, laboratory, library, media center, or
                related facility whose primary purpose is the
                instruction of public elementary or secondary students.
                Such term does not include an athletic stadium, or any
                other structure or facility intended primarily for
                athletic exhibitions, contests, games, or events for
                which admission is charged to the general public.
    ``(e) Limitation on Amount of Bonds Designated.--
            ``(1) National limitation.--There is a national school
        construction bond limitation for each calendar year. Such
        limitation is $400,000,000 for 2007 and 2008, and, except for
        carryovers as provided under the rules applicable under
        paragraph (4), zero thereafter.
            ``(2) Allocation of limitation.--The national school
        construction bond limitation for a calendar year shall be
        allocated by the Secretary among the States on the basis of
        their respective populations of individuals below the poverty
        line (as defined by the Office of Management and Budget). The
        limitation amount allocated to a State under the preceding
        sentence shall be allocated by the Secretary of Education to
        qualified schools within such State.
            ``(3) Designation subject to limitation amount.--The
        maximum aggregate face amount of bonds issued during any
        calendar year which may be designated under subsection (d)(1)
        with respect to any qualified school shall not exceed the
        limitation amount allocated to such school under paragraph (2)
        for such calendar year.
            ``(4) Carryover of unused limitation.--If for any calendar
        year--
                    ``(A) the limitation amount for any State, exceeds
                    ``(B) the amount of bonds issued during such year
                which are designated under subsection (d)(1) with
                respect to qualified schools within such State, the
                limitation amount for such State for the following
                calendar year shall be increased by the amount of such
                excess.
    ``(f) Other Definitions.--The definitions in subsections (d)(6) and
(f) of section 1397E shall apply for purposes of this section.
    ``(g) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section.''
    (b) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 30D. Credit to holders of school construction bonds.''.
    (c) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 2006.

Output: Expand and Rebuild America's Schools Act of 2006 - Amends the Internal Revenue Code to allow a nonrefundable tax credit to holders of school construction bonds. Sets forth requirements for issues of school construction bonds, including that: (1) 95% of the proceeds of such bonds must be used to construct new elementary and secondary school facilities and provide equipment for such schools; (2) local education agencies must require private business contributions of not less than 10% of the proceeds of an issue; and (3) bonds must be used for schools which meet specified criteria relating to curriculum, the alleviation of classroom overcrowding, and student-teacher ratios. Provides for a national school construction bond limitation of $400 million in 2007 and 2008.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Brownfields Redevelopment Act of
1996''.

SEC. 2. ENVIRONMENTAL REMEDIATION TAX CREDIT.

    (a) General Rule.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits allowable) is
amended by adding at the end thereof the following new subpart:

             ``Subpart H--Environmental Remediation Credit

                              ``Sec. 54. Amount of environmental
                                        remediation credit.
                              ``Sec. 54A. Definitions and special
                                        rules.

``SEC. 54. AMOUNT OF ENVIRONMENTAL REMEDIATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the environmental
remediation credit determined under this section is 50 percent of the
costs--
            ``(1) which are paid or incurred by the taxpayer for
        environmental remediation with respect to any qualified
        contaminated site which is owned by the taxpayer, and
            ``(2) which are incurred by the taxpayer pursuant to an
        environmental remediation plan for such site which was approved
        by the Administrator of the Environmental Protection Agency or
        by the head of any State or local government agency designated
        by the Administrator to carry out the Administrator's functions
        under this subpart with respect to such site.
    ``(b) Remediation Plan Must Be Completed.--
            ``(1) In general.--Except as otherwise provided in
        paragraph (2)--
                    ``(A) no environmental remediation credit shall be
                determined under this section with respect to any
                qualified contaminated site unless the Administrator of
                the Environmental Protection Agency (or such
                Administrator's designee under subsection (a)(2))
                certifies the environmental remediation plan for such
                site has been completed, and
                    ``(B) if such Administrator (or designee) certifies
                that such plan has been completed, such credit shall be
                taken into account under subsection (a) ratably over
                the 5 taxable year period beginning with the taxable
                year in which such plan was completed.
            ``(2) Special rule where extraordinary cost increases.--
        If--
                    ``(A) the taxpayer determines that due to
                unforeseen circumstances the cost of completing the
                remediation plan for any qualified contaminated site
                exceeds 200 percent of the estimated costs of
                completing such plan, and
                    ``(B) the State or local official administering the
                remediation credit program agrees with such
                determination,
        the taxpayer may cease the implementation of such plan and
        shall be entitled to an environmental remediation credit with
        respect to costs incurred before such cessation. Such credit
        shall be taken into account under subsection (a) ratably over
        the 5-taxable-year period beginning with the taxable year in
        which such cessation occurs.
    ``(c) Certain Parties Not Eligible.--A taxpayer shall not be
eligible for any credit determined under this section with respect to
any qualified contaminated site if--
            ``(1) at any time on or before the date of the enactment of
        this subpart, such taxpayer was the owner or operator of any
        business on such site,
            ``(2) at any time before, on, or after such date of
        enactment such taxpayer--
                    ``(A) had (by contract, agreement, or otherwise)
                arranged for the disposal or treatment of any hazardous
                materials at such site or arranged with a transporter
                for transport for disposal or treatment of any
                hazardous materials at such site, or
                    ``(B) had accepted any hazardous materials for
                transport to such site, or
            ``(3) the taxpayer is related to any taxpayer referred to
        in paragraph (1) or (2).
The preceding sentence shall not apply to a taxpayer who became
described therein by reason of the acquisition of the business or site
through foreclosure (or the equivalent) of a security interest held by
the taxpayer or a related party if the taxpayer undertakes to sell or
otherwise dispose of such business or site in a reasonably expeditious
manner on commercially reasonable terms.
    ``(d) Qualified Contaminated Site.--For purposes of this subpart,
the term `qualified contaminated site' means any contaminated site if--
            ``(1) the condition of the contaminated site is such that
        without participation in the environmental remediation credit
        program redevelopment is unlikely,
            ``(2) the contaminated site has not been in productive use
        for at least 1 year before participation in the program,
            ``(3) there is a strong likelihood of redevelopment of the
        site for industrial or commercial use that will result in
        creation of jobs and expansion of the tax base, and
            ``(4) environmental remediation and redevelopment are
        likely to be completed within a reasonable period of time.

``SEC. 54A. DEFINITIONS AND SPECIAL RULES.

    ``(a) Contaminated Site.--For purposes of this subpart--
            ``(1) In general.--The term `contaminated site' means any
        site if at least 1 of the following environmental conditions
        are present on such site:
                    ``(A) A release or threatened release of any
                hazardous, toxic, or dangerous substance.
                    ``(B) Any storage tanks which contain any
                hazardous, toxic, or dangerous substance.
                    ``(C) Any illegal disposal of solid waste.
            ``(2) Hazardous, toxic, or dangerous substance.--Any
        substance, waste, or material shall be treated as a hazardous,
        toxic, or dangerous substance if it is so treated under--
                    ``(A) the Comprehensive Environmental Response,
                Compensation, and Liability Act (42 U.S.C. 9601 et
                seq.) as in effect on the date of the enactment of this
                section, or
                    ``(B) the Resource Conservation and Recovery Act
                (42 U.S.C. 6901 et seq.) as so in effect.
        The following materials shall in any event be treated as such a
        substance: petroleum or crude oil or any derivative thereof,
        friable asbestos or any asbestos containing material,
        polychlorinated biphenyls, and lead paint.
    ``(b) Environmental Remediation.--For purposes of this subpart, the
term `environmental remediation' means--
            ``(1) removal or remediation activity in accordance with
        the plan approved under section 54(a)(2),
            ``(2) restoration of natural, historic or cultural
        resources at the site, or the mitigation of unavoidable losses
        of such resources incurred in connection with the remediation
        or response activity,
            ``(3) health assessments or health effects studies related
        to the site,
            ``(4) remediation of off-site contamination caused by
        activity on the site (other than remediation activities of a
        type not permitted for the site), and
            ``(5) any other costs specified in the plan approved under
        section 54(a)(2), including demolition of existing contaminated
        structures, site security, permit fees necessary for
        remediation, and environmental audits.
    ``(c) Related Person.--For purposes of this subpart, persons shall
be treated as related to each other if such persons are treated as a
single employer under the regulations prescribed under section 52(b) or
such persons bear a relationship to each other specified in section
267(b) or 707(b).''
    (b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (10), by striking the period at the end of paragraph (11) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
            ``(12) the environmental remediation credit under section
        54(a).''
    (c) Limitation on Carryback.--Subsection (d) of section 39 of such
Code is amended by adding at the end thereof the following new
paragraph:
            ``(7)  No carryback of environmental remediation credit
        before effective date.--No portion of the unused business
        credit for any taxable year which is attributable to the credit
        under section 54 may be carried back to a taxable year
        beginning on or before the date of the enactment of section
        54.''
    (d) Deduction for Unused Credit.--Subsection (c) of section 196 of
such Code is amended by striking ``and'' at the end of paragraph (6),
by striking the period at the end of paragraph (7) and inserting ``,
and'', and by adding at the end thereof the following new paragraph:
            ``(8) the environmental remediation credit determined under
        section 54.''
    (e) Clerical Amendment.--The table of subparts for part IV of
subchapter A of chapter 1 of such Code is amended by adding at the end
thereof the following new item:

                              ``Subpart H. Environmental remediation
                                        credit.''
    (f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 3. USE OF REDEVELOPMENT BONDS FOR ENVIRONMENTAL REMEDIATION.

    (a) Environmental Remediation Included as Redevelopment Purpose.--
Subparagraph (A) of section 144(c)(3) of the Internal Revenue Code of
1986 (relating to redevelopment purposes) is amended by striking
``and'' at the end of clause (iii), by striking the period at the end
of clause (iv) and inserting ``, and'', and by adding at the end the
following new clause:
                            ``(v) the costs of environmental
                        remediation (as defined in section 54A(b)) with
                        respect to a qualified contaminated site (as
                        defined in section 54(d)) if such costs are
                        incurred pursuant to an environmental
                        remediation plan which was approved by the
                        Administrator of the Environmental Protection
                        Agency or by the head of any State or local
                        government agency designated by the
                        Administrator to carry out the Administrator's
                        functions under this clause.''
    (b) Certain Requirements Not To Apply To Redevelopment Bonds for
Environmental Remediation.--Subsection (c) of section 144 of such Code
is amended by adding at the end the following new paragraph:
            ``(9) Certain requirements not to apply to redevelopment
        bonds for environmental remediation.--In the case of any bond
        issued as part of an issue 95 percent or more of the proceeds
        of which are to finance costs referred to in paragraph
        (3)(A)(v)--
                    ``(A) paragraph (2)(A)(i) shall not apply,
                    ``(B) paragraph (2)(A)(ii) shall not apply to any
                issue issued by the governing body described in
                paragraph (4)(A) with respect to the area which
                includes the site,
                    ``(C) the requirement of paragraph (2)(B)(ii) shall
                be treated as met if--
                            ``(i) the payment of the principal and
                        interest on such issue is secured by taxes
                        imposed by a governmental unit, or
                            ``(ii) such issue is approved by the
                        applicable elected representative (as defined
                        in section 147(f)(2)(E)) of the governmental
                        unit which issued such issue (or on behalf of
                        which such issue was issued),
                    ``(D) subparagraphs (C) and (D) of paragraph (2)
                shall not apply,
                    ``(E) subparagraphs (C) and (D) of paragraph (4)
                shall not apply, and
                    ``(F) if the real property referred to in clause
                (iii) of paragraph (3)(A) is 1 or more dwelling units,
                such clause shall apply only if the requirements of
                section 142(d) or 143 (as the case may be) are met with
                respect to such units.''
    (c) Penalty for Failure to Satisfactorily Complete Remediation
Plan.--Subsection (b) of section 150 of such Code is amended by adding
at the end thereof the following new paragraph:
            ``(7) Qualified contaminated site remediation bonds.--In
        the case of financing provided for costs described in section
        144(c)(3)(A)(v), no deduction shall be allowed under this
        chapter for interest on such financing during any period during
        which there is a determination by the Administrator of the
        Environmental Protection Agency (or by the head of any State or
        local government agency designated by the Administrator to
        carry out the Administrator's functions under this paragraph)
        that the remediation plan under which such costs were incurred
        was not satisfactorily completed.''
    (d) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.

Output:
Brownfields Redevelopment Act of 1996 - Amends the Internal Revenue Code to allow a credit that is 50 percent of the costs:  (1) paid or incurred by the taxpayer for environmental remediation of any qualified contaminated site which is owned by the taxpayer; and (2) incurred by the taxpayer pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator.  Disallows the environmental remediation credit from being determined unless the Administrator or the Administrator's designee certifies that the remediation plan has been completed.  Provides that if the Administrator certifies that such plan has been completed, the credit shall be taken into account ratably over the five-year taxable period.  Permits a taxpayer to cease such remediation if:  (1) the cost of completing the remediation plan exceeds 200 percent of the estimated costs of completing such plan; and (2) the State or local official administering the remediation credit program agrees with such determination.  Prohibits certain taxpayers with respect to a qualified contamination site from being eligible for the credit.  Makes the environmental remediation credit part of the sum of the current year general business credit and allows any unused portion as a deduction for certain unused business credits.
Allows for the use of redevelopment bonds for the costs of environmental remediation incurred pursuant to an environmental remediation plan.  Sets forth provisions concerning certain requirements not to apply in the case of any redevelopment bond issued as part of an issue 95 percent or more of the proceeds which are to finance environmental remediation.  Prohibits a deduction for interest on such financing during any period during which there is a determination by the Administrator or the Administrator's designee that the remediation plan was not satisfactorily completed.


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

    (a) Short Title.--This Act may be cited as the ``Federal Merit
System Reauthorization Act of 2007''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Authorization of appropriations.
Sec. 3. Allegations of wrongdoing against Special Counsel or Deputy
                            Special Counsel.
Sec. 4. Discrimination on the basis of sexual orientation prohibited.
Sec. 5. Procedures of the Merit Systems Protection Board.
Sec. 6. Procedures of the Office of Special Counsel.
Sec. 7. Reporting requirements.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Merit Systems Protection Board.--Section 8(a)(1) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``2003, 2004, 2005, 2006, and 2007'' and inserting ``2008,
2009, and 2010''.
    (b) Office of Special Counsel.--Section 8(a)(2) of the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note) is amended by
striking ``2003, 2004, 2005, 2006, and 2007'' and inserting ``2008,
2009, and 2010''.
    (c) Effective Date.--This section shall take effect as of October
1, 2007.

SEC. 3. ALLEGATIONS OF WRONGDOING AGAINST SPECIAL COUNSEL OR DEPUTY
              SPECIAL COUNSEL.

    (a) Definitions.--In this section--
            (1) the term ``Special Counsel'' refers to the Special
        Counsel appointed under section 1211(b) of title 5, United
        States Code;
            (2) the term ``Integrity Committee'' refers to the
        Integrity Committee described in Executive Order 12993
        (relating to administrative allegations against inspectors
        general) or its successor in function (as identified by the
        President); and
            (3) the terms ``wrongdoing'' and ``Inspector General'' have
        the same respective meanings as under the Executive order cited
        in paragraph (2).
    (b) Authority of Integrity Committee.--
            (1) In general.--An allegation of wrongdoing against the
        Special Counsel (or the Deputy Special Counsel) may be
        received, reviewed, and referred for investigation by the
        Integrity Committee to the same extent and in the same manner
        as in the case of an allegation against an Inspector General
        (or a member of the staff of an Office of Inspector General),
        subject to the requirement that the Special Counsel recuse
        himself or herself from the consideration of any allegation
        brought under this subsection.
            (2) Coordination with existing provisions of law.--This
        section does not eliminate access to the Merit Systems
        Protection Board for review under section 7701 of title 5,
        United States Code. To the extent that an allegation brought
        under this subsection involves section 2302(b)(8) of such
        title, a failure to obtain corrective action within 120 days
        after the date on which that allegation is received by the
        Integrity Committee shall, for purposes of section 1221 of such
        title, be considered to satisfy section 1214(a)(3)(B) of such
        title.
    (c) Regulations.--The Integrity Committee may prescribe any rules
or regulations necessary to carry out this section, subject to such
consultation or other requirements as might otherwise apply.

SEC. 4. DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION PROHIBITED.

    (a) Repudiation.--In order to dispel any public confusion, Congress
repudiates any assertion that Federal employees are not protected from
discrimination on the basis of sexual orientation.
    (b) Affirmation.--It is the sense of Congress that, in the absence
of the amendment made by subsection (c), discrimination against Federal
employees and applicants for Federal employment on the basis of sexual
orientation is prohibited by section 2302(b)(10) of title 5, United
States Code.
    (c) Discrimination Based on Sexual Orientation Prohibited.--Section
2302(b)(1) of title 5, United States Code, is amended--
            (1) in subparagraph (D), by striking ``or'' at the end;
            (2) in subparagraph (E), by inserting ``or'' at the end;
        and
            (3) by adding at the end the following:
                    ``(F) on the basis of sexual orientation;''.

SEC. 5. PROCEDURES OF THE MERIT SYSTEMS PROTECTION BOARD.

    (a) Proof of Exhaustion for Individual Right of Action.--Section
1221(a) of title 5, United States Code, is amended--
            (1) by striking ``(a)'' and inserting ``(a)(1)''; and
            (2) by adding at the end the following:
    ``(2) For purposes of paragraph (1), an employee, former employee,
or applicant for employment may demonstrate compliance with section
1214(a)(3)(B) by--
            ``(A) submitting a copy of the complaint or other pleading
        pursuant to which such employee, former employee, or applicant
        sought corrective action from the Special Counsel with respect
        to the personnel action involved; and
            ``(B) certifying that the Special Counsel did not provide
        notice of intent to seek such corrective action to such
        employee, former employee, or applicant within the 120-day
        period described in such section 1214(a)(3)(B).''.
    (b) Individual Requests for Stays.--Section 1221(c) of title 5,
United States Code, is amended by striking paragraph (2) and inserting
the following:
    ``(2) Any stay requested under paragraph (1) shall be granted
within 10 calendar days (excluding Saturdays, Sundays, and legal
holidays) after the date the request is made, if the Board determines
that the employee, former employee, or applicant has demonstrated that
protected activity described under section 2302(b)(8) was a
contributing factor to the personnel action involved. If the stay
request is denied, the employee, former employee, or applicant may
submit an interlocutory appeal for expedited review by the Board.''.
    (c) Joining Subsequent and Related Claims With Pending
Litigation.--
            (1) In general.--Section 1221 of title 5, United States
        Code, is amended--
                    (A) by redesignating subsections (h), (i), and (j)
                as subsections (i), (j), and (k), respectively; and
                    (B) inserting after subsection (g) the following:
    ``(h) During a pending proceeding, subsequent personnel actions may
be joined if the employee, former employee, or applicant for employment
demonstrates that retaliation for protected activity at issue in the
pending proceeding was a contributing factor to subsequent alleged
prohibited personnel practices.''.
            (2) Conforming amendment.--Section 1222 of title 5, United
        States Code, is amended by striking ``section 1221(i)'' and
        inserting ``section 1221(j)''.
    (d) Procedural Due Process.--Section 1204(b)(1) of title 5, United
States Code, is amended by inserting ``in accordance with regulations
consistent with the Federal Rules of Civil Procedure, so far as
practicable'' before the period.
    (e) Attorney Fees.--Section 7701(g)(1) of title 5, United States
Code, is amended by striking ``if the employee or applicant is the
prevailing party and'' and inserting ``if the claim or claims raised by
the employee or applicant were not frivolous, unreasonable, or
groundless; the case was a substantial or significant factor in the
agency's action providing some relief or benefit to the employee or
applicant; and''.

SEC. 6. PROCEDURES OF THE OFFICE OF SPECIAL COUNSEL.

    (a) Investigations of Alleged Prohibited Personnel Practices.--
Section 1212(e) of title 5, United States Code, is amended by striking
``may prescribe such regulations as may be necessary to perform the
functions'' and inserting ``shall prescribe such regulations as may be
necessary to carry out subsection (a)(2) and may prescribe any
regulations necessary to carry out any of the other functions''.
    (b) Mandatory Communications With Complainants.--
            (1) Contact information.--Section 1214(a)(1)(B) of title 5,
        United States Code, is amended by striking clause (ii) and
        inserting the following:
            ``(ii) shall include the name and contact information of a
        person at the Office of Special Counsel who--
                    ``(I) shall be responsible for interviewing the
                complainant and making recommendations to the Special
                Counsel regarding the allegations of the complainant;
                and
                    ``(II) shall be available to respond to reasonable
                questions from the complainant regarding the
                investigation or review conducted by the Special
                Counsel, the relevant facts ascertained by the Special
                Counsel, and the law applicable to the allegations of
                the complainant.''.
            (2) Statement after termination of investigation.--Section
        1214(a)(2)(A)(iv) of title 5, United States Code, is amended by
        striking ``a response'' and inserting ``specific responses''.
    (c) Qualifications of Special Counsel.--The third sentence of
section 1211(b) of title 5, United States Code, is amended by striking
``position.'' and inserting ``position and has professional experience
that demonstrates an understanding of and a commitment to protecting
the merit based civil service.''.
    (d) Alternative Dispute Resolution Program of the Office of Special
Counsel.--Section 1212 of title 5, United States Code, is amended by
adding at the end the following:
    ``(h) The Office of Special Counsel shall by regulation provide for
one or more alternative methods for settling matters subject to the
jurisdiction of the Office which shall be applicable at the election of
an employee, former employee, or applicant for employment or at the
direction of the Special Counsel with the consent of the employee,
former employee, or applicant concerned. In order to carry out this
subsection, the Special Counsel shall provide for appropriate offices
in the District of Columbia and other appropriate locations.''.
    (e) Substantial Likelihood Determinations.--Section 1213 of title
5, United States Code, is amended--
            (1) in subsection (b), by striking ``15 days'' and
        inserting ``45 days''; and
            (2) in subsection (c)(1), by inserting ``, after consulting
        with the person who made the disclosure on how to characterize
        the issues,'' after ``appropriate agency head''.
    (f) Determination of Statutory Requirements Met.--Section 1213(e)
of title 5, United States Code, is amended--
            (1) in paragraph (3), by striking ``subsection (e)(1)'' and
        inserting ``paragraph (1)'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs
        (4) and (5), respectively; and
            (3) by inserting after paragraph (2) the following:
    ``(3) Upon receipt of any report of the head of an agency required
under subsection (c), if the Special Counsel is unable to make a
determination under paragraph (2)(A) or (B), the Special Counsel shall
require the agency head to submit any additional information necessary
for the Special Counsel to make such determinations before any
information is transmitted under paragraph (4).''.
    (g) Public and Internet Access for Agency Investigations.--Section
1219 of title 5, United States Code, is amended by striking subsections
(a) and (b) and inserting the following:
    ``(a) The Special Counsel shall maintain and make available to the
public (including on the website of the Office of Special Counsel)--
            ``(1) a list of noncriminal matters referred to heads of
        agencies under subsection (c) of section 1213, together with--
                    ``(A) reports from heads of agencies under
                subsection (c)(1)(B) of such section relating to such
                matters;
                    ``(B) comments submitted under subsection (e)(1) of
                such section relating to such matters, if the person
                making the disclosure consents; and
                    ``(C) comments or recommendations by the Special
                Counsel under subsection (e)(4) of such section
                relating to such matters;
            ``(2) a list of matters referred to heads of agencies under
        section 1215(c)(2);
            ``(3) a list of matters referred to heads of agencies under
        subsection (e) of section 1214, together with certifications
        from heads of agencies under such subsection; and
            ``(4) reports from heads of agencies under section
        1213(g)(1).
    ``(b) The Special Counsel shall take steps to ensure that any list
or report made available to the public or placed on the website of the
Office of Special Counsel under this section does not contain any
information the disclosure of which is prohibited by law or by
Executive order requiring that information be kept secret in the
interest of national defense or the conduct of foreign affairs.''.

SEC. 7. REPORTING REQUIREMENTS.

    (a) Merit Systems Protection Board.--Each annual report submitted
by the Merit Systems Protection Board under section 1206 of title 5,
United States Code, shall, with respect to the period covered by such
report, include--
            (1) the number of cases and alleged violations of section
        2302 of such title 5 filed with the Board for each agency,
        itemized for each prohibited personnel practice;
            (2) the number of cases and alleged violations of section
        2302 of such title 5 that the Board determines for each agency,
        itemized for each prohibited personnel practice and compared to
        the total number of cases and allegations filed with the Board
        for each, both with respect to the initial decisions by
        administrative judges and final Board decisions;
            (3) the number of cases and allegations in which corrective
        action was provided, compared to the total number of cases and
        allegations filed with the Board for each, itemized separately
        for settlements and final Board decisions; and
            (4) with respect to paragraphs (8) and (9) of section 2302
        (b) of such title 5, the number of cases in which the Board has
        ruled in favor of the employee on the merits of the claim
        compared to the total number of cases and allegations filed
        with the Board for each, where findings of fact and conclusions
        of law were issued on whether those provisions were violated,
        independent from cases disposed by procedural determinations,
        including a separate itemization of both initial decisions by
        administrative judges and final Board decisions for each
        category.
    (b) Office of Special Counsel.--Each annual report submitted under
section 1218 of title 5, United States Code, by the Special Counsel or
an employee designated by the Special Counsel shall, with respect to
the period covered by such report, include--
            (1) the number of cases and allegations for each prohibited
        personnel practice, delineated by type of prohibited personnel
        practice;
            (2) for each type of prohibited personnel practice, the
        number of cases and allegations as to which the Office of
        Special Counsel found reasonable grounds to believe section
        2302 of such title 5 had been violated;
            (3) for each type of prohibited personnel practice, the
        number of cases and allegations as to which the Office of
        Special Counsel referred the complaint for full field
        investigation;
            (4) for each prohibited personnel practice, the number of
        cases and allegations as to which the Office of Special Counsel
        recommended corrective action;
            (5) for each prohibited personnel practice, the number of
        cases and allegations as to which the Office of Special Counsel
        conducted a mediation or other form of alternative dispute
        resolution, with statistics and illustrative examples
        describing the results with particularity;
            (6) the number of instances in which the Office of Special
        Counsel referred disclosures submitted under section 1213 of
        such title 5 to an agency head, without any finding under
        subsection (c) or (g) of such section;
            (7) a statistical tabulation of results for each customer
        satisfaction survey question, both with respect to allegations
        of prohibited personnel practice submitted under section 1214
        of such title 5 and disclosures submitted under section 1213 of
        such title; and
            (8) for each provision under section 1216(a) (1) through
        (5) and (c) of such title 5, the number of cases and
        allegations, the number of field investigations opened, the
        number of instances in which corrective action was sought, and
        the number of instances in which corrective action was
        obtained.
    (c) Annual Survey.--Section 13(a) of the Act entitled ``An Act to
reauthorize the Office of Special Counsel, and for other purposes'',
approved October 29, 1994 (5 U.S.C. 1212 note; Public Law 103-424) is
amended in the first sentence by inserting ``, including individuals
who disclose information to the Office of Special Counsel under section
1213'' before the period.

Output:
Federal Merit System Reauthorization Act of 2007 - Amends the Whistleblower Protection Act of 1989 to authorize appropriations for FY2008-FY2010 for the Merit Systems Protection Board (MSPB) and the Office of Special Counsel (OSC).

Repudiates assertions that federal employees are not protected from discrimination on the basis of sexual orientation. Expresses the sense of Congress that discrimination on such basis against federal employees and applicants is currently prohibited. Prohibits any federal employee who has authority to take, direct, recommend, or approve any personnel action from discriminating for or against any federal employee or applicant on such basis.

Revises procedures of the MSPB and OSC, including by requiring the MSPB to use the National Labor Relations Board model for procedural due process and by requiring the OSC to prescribe regulations necessary to receive and investigate allegations of prohibited personnel practices.

Requires the Special Counsel to have professional experience that demonstrates an understanding of and a commitment to protecting the merit based civil service.

Requires the OSC to publish specified whistleblower disclosures and reports.

Sets forth MSPB and OSC reporting requirements with respect to incidences of prohibited personnel practices.