Input:
I72SECTION 1. SHORT TITLE.
I20This Act may be cited as the ``The Diesel Tax Fairness Act of 2008''.
I72SEC. 2. TEMPORARY REDUCTION IN EXCISE TAX ON KEROSENE AND DIESEL FUEL TO THE RATE APPLICABLE TO GASOLINE.
I20(a) T5In GeneralK._Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection:
I20``(f) T5Temporary Reduction of Tax on Diesel Fuel and Kerosene (Other Than Aviation-Grade Kerosene)K._
I22``(1) T4In generalK._During the temporary reduction period_
I24``(A) the rate of tax applicable under subsection (a)(2)(A)(iii) shall be 18.3 cents, and
I24``(B) the rate of tax applicable under subsection (a)(2)(D) shall be 14.8 cents.
I22``(2) T4Temporary reduction periodK._For purposes of this subsection, the temporary reduction period is the period_
I24``(A) beginning on the date of the enactment of this subsection, and
I24``(B) ending on December 31, 2010.
I22``(3) T4Maintenance of trust fund depositsK._In determining the amounts to be appropriated to any trust fund, an amount equal to the reduction in revenues to the Treasury by reason of a reduction under this subsection in any rate shall be treated as taxes received in the Treasury under such rate.''.
I20(b) T5Effective DateK._The amendment made by this section shall take effect on the date of the enactment of this Act.
I72SEC. 3. FLOOR STOCKS REFUNDS.
I20(a) T5In GeneralK._If_
I22(1) before the date of the enactment of this Act, a tax referred to in section 4081(f)(1) of the Internal Revenue Code of 1986 has been imposed on any liquid, and
I22(2) on such date such liquid is held by a dealer and has not been used and is intended for sale,
I20there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date.
I20(b) T5Time for Filing ClaimsK._No credit or refund shall be allowed or made under this section unless_
I22(1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act, and
I22(2) in any case where liquid is held by a dealer (other than the taxpayer) on the date of the enactment of this Act_
I24(A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after such date, and
I24(B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund.
I20(c) T5Exception for Fuel Held in Retail StocksK._No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail.
I20(d) T5DefinitionsK._For purposes of this section, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer.
I20(e) T5Certain Rules To ApplyK._Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section.
I72SEC. 4. FLOOR STOCKS TAX.
I20(a) T5Imposition of TaxK._In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed on such liquid under section 4041 or 4081 of the Internal Revenue Code of 1986 had the taxable event occurred on the floor stocks tax date over the tax paid under any such section on such liquid.
I20(b) T5Liability for Tax and Method of PaymentK._
I22(1) T4Liability for taxK._A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax.
I22(2) T4Method of paymentK._The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe.
I22(3) T4Time of paymentK._The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date.
I20(c) T5DefinitionsK._For purposes of this section_
I22(1) T4Held by a personK._A liquid shall be considered as held by a person if title thereto has passed to such person (whether or not delivery to the person has been made).
I22(2) T4Taxable liquidK._The term ``taxable liquid'' means diesel fuel and kerosene (other than aviation-grade kerosene).
I22(3) T4Floor stocks dateK._The term ``floor stocks tax date'' means January 1, 2011.
I22(4) T4SecretaryK._The term ``Secretary'' means the Secretary of the Treasury.
I20(d) T5Exception for Exempt UsesK._The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by a section of the Code referred to in section 4081(a)(2) of such Code is allowable for such use.
I20(e) T5Exception for Fuel Held in Vehicle TankK._No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat.
I20(f) T5Exception for Certain Amounts of FuelK._
I22(1) T4In generalK._No tax shall be imposed by subsection (a) on any liquid held on the floor stocks tax date by any person if the aggregate amount of liquid held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph.
I22(2) T4Exempt fuelK._For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e).
I22(3) T4Controlled groupsK._For purposes of this section_
I24(A) T4CorporationsK._
I26(i) T4In generalK._All persons treated as a controlled group shall be treated as 1 person.
I26(ii) T4Controlled groupK._The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection.
I24(B) T4Nonincorporated persons under common controlK._Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation.
I20(g) T5Other Laws ApplicableK._All provisions of law, including penalties, applicable with respect to the taxes imposed by chapter 31 or 32 of such Code shall, insofar as applicable and not inconsistent with the provisions of this section, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such chapter.
S6301I76�08

Output: Diesel Tax Fairness Act of 2008 - Amends the Internal Revenue Code to reduce the excise tax on diesel fuel and kerosene (from 24.3 cents to 18.3 cents per gallon) and diesel fuel emulsion (from 19.7 cents to 14.8 cents per gallon) until December 31, 2010.


Input:
TITLE I--INTERNATIONAL DEVELOPMENT ASSOCIATION

SEC. 101. PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE
              RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION.

    The International Development Association Act (22 U.S.C. 284-284s)
is amended by adding at the end the following:

``SEC. 22. THIRTEENTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the
        Association may contribute on behalf of the United States an
        amount equal to the amount appropriated under subsection (b),
        pursuant to the resolution of the Association entitled
        `Additions to IDA Resources: Thirteenth Replenishment'.
            ``(2) Subject to appropriations.--Any commitment to make
        the contribution authorized by paragraph (1) shall be effective
        only to such extent or in such amounts as are provided in
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.

SEC. 102. ADMINISTRATIVE PROVISIONS.

    Title XV of the International Financial Institutions Act (22 U.S.C.
262o--262o-2) is amended by adding at the end the following:

``SEC. 1504. ADMINISTRATIVE PROVISIONS.

    ``(a) Achievement of Certain Policy Goals.--The Secretary of
Treasury should instruct the United States Executive Director at each
multilateral development institution to inform the institution of the
following United States policy goals, and to work toward achieving the
goals at the institution before June 30, 2005:
            ``(1) No later than 60 calendar days after the Board of
        Directors of the institution approves the minutes of a Board
        meeting, the institution shall post on its website an
        electronic version of the minutes, with material deemed too
        sensitive for public distribution redacted.
            ``(2) The institution shall keep a written transcript or
        electronic recording of each meeting of its Board of Directors
        and preserve the transcript or recording for at least 10 years
        after the meeting.
            ``(3) All public sector loan documents, country assistance
        strategies, sector strategies, and sector policies prepared by
the institution and presented for endorsement or approval by its Board
of Directors, with materials deemed too sensitive for public
distribution redacted or withheld, shall be made available to the
public 15 calendar days before consideration by the Board or, if not
then available, when the documents are distributed to the Board.
            ``(4) The institution shall post on its website an annual
        report containing statistical summaries and case studies of the
        fraud and corruption cases pursued by its investigations unit.
            ``(5) The institution shall require that any health,
        education, or poverty-focused loan, credit, grant, document,
        policy, or strategy prepared by the institution includes
        specific outcome and output indicators to measure results, and
        that the indicators and results be published periodically
        during the execution, and at the completion, of the project or
        program.
    ``(b) Publication of Written Statements Regarding Inspection
Mechanism Cases.--No later than 60 calendar days after a meeting of the
Board of Directors of a multilateral development institution, the
Secretary of the Treasury should provide for publication on the website
of the Department of the Treasury of any written statement presented at
the meeting by the United States Executive Director at the institution
concerning--
            ``(1) a project on which a claim has been made to the
        inspection mechanism of the institution; or
            ``(2) a pending inspection mechanism case.
    ``(c) Congressional Briefings.--At the request of the Committee on
Financial Services of the House of Representatives or the Committee on
Foreign Relations of the Senate, the Secretary of the Treasury or the
designee of the Secretary should brief the requesting committee on the
steps that have been taken by the United States Executive Director at
any multilateral development institution, and by any such institution,
to implement the measures described in this section.
    ``(d) Publication of `No' Votes and Abstentions by the United
States.--Each month, the Secretary of the Treasury should provide for
posting on the website of the Department of the Treasury of a record of
all `no' votes and abstentions made by the United States Executive
Director at any multilateral development institution on any matter
before the Board of Directors of the institution.
    ``(e) Multilateral Development Institution Defined.--In this
section, the term `multilateral development institution' shall have the
meaning given in section 1701(c)(3).''.

                    TITLE II--ASIAN DEVELOPMENT FUND

SEC. 201. PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES
              OF THE ASIAN DEVELOPMENT FUND.

    The Asian Development Bank Act (22 U.S.C. 285-285aa) is amended by
adding at the end the following:

``SEC. 31. ADDITIONAL CONTRIBUTION TO SPECIAL FUNDS.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Bank
        may contribute on behalf of the United States an amount equal
        to the amount appropriated under subsection (b), pursuant to
        the resolution of the Bank entitled `Seventh Replenishment of
        the Asian Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make
        the contribution authorized by paragraph (1) shall be effective
        only to such extent or in such amounts as are provided in
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.

                  TITLE III--AFRICAN DEVELOPMENT FUND

SEC. 301. PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES OF
              THE AFRICAN DEVELOPMENT FUND.

    The African Development Fund Act (22 U.S.C. 290g--290g-15) is
amended by adding at the end the following:

``SEC. 217. NINTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Fund
        may contribute on behalf of the United States an amount equal
        to the amount appropriated under subsection (b), pursuant to
        the resolution of the Fund entitled `The Ninth General
        Replenishment of Resources of the African Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make
        the contribution authorized by paragraph (1) shall be effective
        only to such extent or in such amounts as are provided in
        advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated such sums as may be necessary for payment by the Secretary
of the Treasury, without fiscal year limitation.''.

Output:
Amends specified Federal laws to authorize appropriations for: (1) the U.S. contribution to the thirteenth replenishment of the International Development Association; (2) the U.S. contribution to the seventh replenishment of the Asian Development Fund; and (3) the U.S. contribution to the ninth replenishment of the African Development Fund.

Directs the Secretary of the Treasury to instruct the U.S. Executive Director at each multilateral development institution to inform such institution of specified U.S. policy goals (and to work toward achieving such goals at the institution before June 30, 2005). Requires each institution to: (1) post on its website an electronic version of Board of Directors meeting minutes within 60 days after any such meeting, with material deemed too sensitive for public distribution redacted; (2) keep a written transcript or electronic recording of each Board meeting and preserve it for at least ten years; (3) make available to the public 15 days before Board consideration (or if not then available, when the documents are distributed to the Board) all public sector loan documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for Board endorsement or approval; (4) post on its website an annual report of statistical summaries and case studies of fraud and corruption cases pursued by its investigations unit; and (5) require any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by it to include specific outcome and output indicators to measure results, and that such indicators and results be published periodically during execution, and at the completion, of the project or program. Urges the Secretary no later than 60 days after a meeting of the Board of a multilateral development institution to provide for publication on the Department of the Treasury's website of the institution's written statements regarding inspection mechanism claims and cases.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Risk Evaluation Act of
1995''.

SEC. 2. FINDINGS AND POLICY.

    (a) Definitions.--As used in this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Adverse effect on human health.--The term ``adverse
        effect on human health'' includes any increase in the rate of
        death or serious illness, including disease, cancer, birth
        defects, reproductive dysfunction,developmental effects
        (including effects on the endocrine and nervous systems), and
        other impairments in bodily functions.
            (3) Risk.--The term ``risk'' means the likelihood of an
        occurrence of an adverse effect on human health, the
        environment, or public welfare.
            (4) Source of pollution.--The term ``source of pollution''
        means a category or class of facilities or activities that
        alter the chemical, physical, or biological character of the
        natural environment.
    (b) Findings.--Congress finds that--
            (1) cost-benefit analysis and risk assessment are useful
        but imperfect tools that serve to enhance the information
        available in developing environmental regulations and programs;
            (2) cost-benefit analysis and risk assessment can also
        serve as useful tools in setting priorities and evaluating the
        success of environmental protection programs;
            (3) cost and risk are not the only factors that need to be
        considered in evaluating environmental programs as other
        factors, including values and equity, must also be considered;
            (4) current methods for valuing ecological resources and
        assessing intergenerational effects of sources of pollution
        need further development before integrated rankings of sources
        of pollution based on the factors referred to in paragraph (3)
        can be used with high levels of confidence;
            (5) methods to assess and describe the risks of adverse
        human health effects, other than cancer, need further
        development before integrated rankings of sources of pollution
        based on the risk to human health can be used with high levels
        of confidence;
            (6) periodic reports by the Administrator on the costs and
        benefits of regulations promulgated under Federal environmental
        laws, and other Federal actions with impacts on human health,
        the environment, or public welfare, will provide Congress and
        the general public with a better understanding of--
                    (A) national environmental priorities; and
                    (B) expenditures being made to achieve reductions
                in risk to human health, the environment, and public
                welfare; and
            (7) periodic reports by the Administrator on the costs and
        benefits of environmental regulations will also--
                    (A) provide Congress and the general public with a
                better understanding of the strengths, weaknesses, and
                uncertainties of cost-benefit analysis and risk
                assessment and the research needed to reduce major
                uncertainties; and
                    (B) assist Congress and the general public in
                evaluating environmental protection regulations and
                programs, and other Federal actions with impacts on
                human health, the environment, or public welfare, to
                determine the extent to which the regulations,
                programs, and actions adequately and fairly protect
                affected segments of society.
    (c) Report on Environmental Priorities, Costs, and Benefits.--
            (1) Ranking.--
                    (A) In general.--The Administrator shall identify
                and, taking into account available data, to the extent
                practicable, rank sources of pollution with respect to
                the relative degree of risk of adverse effects on human
                health, the environment, and public welfare.
                    (B) Method of ranking.--In carrying out the
                rankings under subparagraph (A), the Administrator
                shall--
                            (i) rank the sources of pollution
                        considering the extent and duration of the
                        risk; and
                            (ii) take into account broad societal
                        values, including the role of natural resources
                        in sustaining economic activity into the
                        future.
            (2) Evaluation of regulatory and other costs.--In addition
        to carrying out the rankings under paragraph (1), the
        Administrator shall evaluate--
                    (A) the private and public costs associated with
                each source of pollution and the costs and benefits of
                complying with regulations designed to protect against
                risks associated with the sources of pollution; and
                    (B) the private and public costs and benefits
                associated with other Federal actions with impacts on
                human health, the environment, or public welfare,
                including direct development projects, grant and loan
                programs to support infrastructure construction and
                repair, and permits, licenses, and leases to use
                natural resources or to release pollution to the
                environment, and other similar actions.
            (3) Risk reduction opportunities.--In assessing risks,
        costs, and benefits as provided in paragraphs (1) and (2), the
        Administrator shall also identify reasonable opportunities to
        achieve significant risk reduction through modifications in
        environmental regulations and programs and other Federal
        actions with impacts on human health, the environment, or
        public welfare.
            (4) Uncertainties.--In evaluating the risks referred to in
        paragraphs (1) and (2), the Administrator shall--
                    (A) identify the major uncertainties associated
                with the risks;
                    (B) explain the meaning of the uncertainties in
                terms of interpreting the ranking and evaluation; and
                    (C) determine--
                            (i) the type and nature of research that
                        would likely reduce the uncertainties; and
                            (ii) the cost of conducting the research.
            (5) Consideration of benefits.--In carrying out this
        section, the Administrator shall consider and, to the extent
        practicable, estimate the monetary value, and such other values
        as the Administrator determines to be appropriate, of the
        benefits associated with reducing risk to human health and the
        environment, including--
                    (A) avoiding premature mortality;
                    (B) avoiding cancer and noncancer diseases that
                reduce the quality of life;
                    (C) preserving biological diversity and the
                sustainability of ecological resources;
                    (D) maintaining an aesthetically pleasing
                environment;
                    (E) valuing services performed by ecosystems (such
                as flood mitigation, provision of food or material, or
                regulating the chemistry of the air or water) that, if
                lost or degraded, would have to be replaced by
                technology;
                    (F) avoiding other risks identified by the
                Administrator; and
                    (G) considering the benefits even if it is not
                possible to estimate the monetary value of the benefits
                in exact terms.
            (6) Reports.--
                    (A) Preliminary report.--Not later than 1 year
                after the date of enactment of this Act, the
                Administrator shall report to Congress on the sources
                of pollution and other Federal actions that the
                Administrator will address, and the approaches and
                methodology the Administrator will use, in carrying out
                the rankings and evaluations under this section. The
                report shall also include an evaluation by the
                Administrator of the need for the development of
                methodologies to carry out the ranking.
                    (B) Periodic report.--
                            (i) In general.--On completion of the
                        ranking and evaluations conducted by the
                        Administrator under this section, but not later
                        than 3 years after the date of enactment of
                        this Act, and every 3 years thereafter, the
                        Administrator shall report the findings of the
                        rankings and evaluations to Congress and make
                        the report available to the general public.
                            (ii) Evaluation of risks.--Each periodic
                        report prepared pursuant to this subparagraph
                        shall, to the extent practicable, evaluate risk
                        management decisions under Federal
                        environmental laws, including title XIV of the
                        Public Health Service Act (commonly known as
                        the ``Safe Drinking Water Act'') (42 U.S.C.
                        300f et seq.), that present inherent and
                        unavoidable choices between competing risks,
                        including risks of controlling microbial versus
                        disinfection contaminants in drinking water.
                        Each periodic report shall address the policy
                        of the Administrator concerning the most
                        appropriate methods of weighing and analyzing
                        the risks, and shall incorporate information
                        concerning--
                                    (I) the severity and certainty of
                                any adverse effect on human health, the
                                environment, or public welfare;
                                    (II) whether the effect is
                                immediate or delayed;
                                    (III) whether the burden associated
                                with the adverse effect is borne
                                disproportionately by a segment of the
                                general population or spread evenly
                                across the general population; and
                                    (IV) whether a threatened adverse
                                effect can be eliminated or remedied by
                                the use of an alternative technology or
                                a protection mechanism.
    (d) Implementation.--In carrying out this section, the
Administrator shall--
            (1) consult with the appropriate officials of other Federal
        agencies and State and local governments, members of the
        academic community, representatives of regulated businesses and
        industry, representatives of citizen groups, and other
        knowledgeable individuals to develop, evaluate, and interpret
        scientific and economic information;
            (2) make available to the general public the information on
        which rankings and evaluations under this section are based;
        and
            (3) establish methods for determining costs and benefits of
        environmental regulations and other Federal actions, including
        the valuation of natural resources and intergenerational costs
        and benefits, by rule after notice and opportunity for public
        comment.
    (e) Review by the Science Advisory Board.--Before the Administrator
submits a report prepared under this section to Congress, the Science
Advisory Board, established by section 8 of the Environmental Research,
Development, and Demonstration Act of 1978 (42 U.S.C. 4365), shall
conduct a technical review of the report in a public session.

Output:
Environmental Risk Evaluation Act of 1995 - Directs the Administrator of the Environmental Protection Agency to:  (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare; (2) evaluate the private and public costs associated with each pollution source and the costs and benefits of complying with regulations designed to protect against risks associated with such pollution; and (3) evaluate the public and private costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare.
Requires the Administrator to identify opportunities to achieve risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on health, the environment, or public welfare.
Directs the Administrator to:  (1) identify the major uncertainties associated with the risks and explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation; and (2) determine the type and nature of research that would likely reduce such uncertainties and the cost of conducting such research.  Requires the Administrator to consider and estimate the monetary and other values of the benefits associated with reducing risk to health and the environment.
Establishes triennial reporting requirements with respect to rankings and evaluations and requires such reports to evaluate risk management decisions under Federal environmental laws that present inherent and unavoidable choices between competing risks.  Provides for review of reports by the Science Advisory Board prior to submission.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Metropolitan Washington Airports Act
Amendments of 1995''.

SEC. 2. FINDINGS.

    Section 6002(7) of the Metropolitan Washington Airports Act of 1986
(49 U.S.C. App. 2451(7)) is amended--
            (1) by inserting ``declining'' after ``perceived''; and
            (2) by striking ``the growing local interest,'' and
        inserting ``the increasing need for local planning and
        management on a metropolitan statistical area basis,''.

SEC. 3. AIRPORTS AUTHORITY.

    (a) Board of Directors.--Section 6007 of the Metropolitan
Washington Airports Act of 1986 (49 U.S.C. App. 2456) is amended by
striking subsections (e), (f), (g), and (h) and inserting the
following:
    ``(e) Board of Directors.--
            ``(1) Appointment.--The Airports Authority shall be
        governed by a board of directors of 11 members as follows:
                    ``(A) 1 member shall be appointed by the Governor
                of Virginia.
                    ``(B) 1 member shall be appointed by the Mayor of
                the District of Columbia.
                    ``(C) 1 member shall be appointed by the Governor
                of Maryland.
                    ``(D) 2 members shall be appointed by the Virginia
                State legislature.
                    ``(E) 2 members shall be appointed by those
                representatives from Virginia local governments who are
                on the Board of Directors of the Metropolitan
                Washington Council of Governments.
                    ``(F) 2 members shall be appointed by those
                representatives from the District of Columbia
                government who are on the Board of Directors of the
                Metropolitan Washington Council of Governments.
                    ``(G) 2 members shall be appointed by those
                representatives from Maryland local governments who are
                on the Board of Directors of the Metropolitan
                Washington Council of Governments.
        The Chairman shall be appointed from among the members by a
        majority vote of the members and shall serve until replaced by
        a majority vote of the members.
            ``(2) Restrictions.--Members (A) shall serve without
        compensation other than reasonable expenses incident to board
        functions, and (B) must reside within the Washington Standard
        Metropolitan Statistical Area.
            ``(3) Terms.--Members shall be appointed for terms of 4
        years.
            ``(4) Required number of votes.--7 votes shall be required
        to approve bond issues and the annual budget.
    ``(f) Airport Noise.--
            ``(1) Balanced environmental protection.--In order to
        protect the public from the impact of aircraft noise and at the
        same time provide for suitable air transportation service to
        the Washington Standard Metropolitan Statistical Area, a
        proposed action of the board of directors which could result in
        a change in the impact of aircraft noise in the vicinity of a
        Metropolitan Washington Airport may not take unless, at least
        60 days before the action is to take effect, the board of
        directors--
                    ``(A) notifies, in writing, the Committee on Noise
                Abatement at National and Dulles Airports of the
                Washington Council of Governments of the action for the
                purpose of allowing such committee the opportunity to
                review, and submit comments on, the action; and
                    ``(B) submits, in writing, to such committee a
                response to any comment of such committee with respect
                to the action within 30 days after the date of receipt
                of such comment.''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsections (b) and (c), the
amendments made by sections 2 and 3 shall take effect on the date of
the enactment of this Act.
    (b) Limitation on Applicability.--Persons appointed as members of
the board of directors of the Metropolitan Washington Airports
Authority on the date of the enactment of this Act shall continue to
serve on such board until their respective terms expire under former
section 6007(e).
    (c) Initial Appointments.--
            (1) Virginia appointments.--The Governor of Virginia shall
        appoint under new section 6007(e)(1)(A) a person to fill the
        vacancy of the first member appointed by the Governor of
        Virginia under former section 6007(e)(1)(A) whose term expires
        after the date of the enactment of this Act. The Virginia State
        legislature shall appoint under new section 6007(e)(1)(D)
        persons to fill the vacancies of the second and third members
        appointed by the Governor under former section 6007(e)(1)(A)
        whose terms expire after such date of enactment.
        Representatives from Virginia local governments shall appoint
        under new section 6007(e)(1)(E) persons to fill the vacancies
        of the fourth and fifth members appointed by the Governor under
        former section 6007(e)(1)(A) whose terms expire after such date
        of enactment.
            (2) District of columbia appointments.--The Mayor of the
        District of Columbia shall appoint under new section
        6007(e)(1)(B) a person to fill the vacancy of the first member
        appointed by the Mayor of the District of Columbia under former
        section 6007(e)(1)(B) whose term expires after the date of the
        enactment of this Act. Representatives from the District of
        Columbia government shall appoint under new section
        6007(e)(1)(F) persons to fill the vacancies of the second and
        third such members appointed by the Mayor under former section
        6007(e)(1)(B) whose terms expire after such date of enactment.
            (3) Maryland appointments.--The Governor of Maryland shall
        appoint under new section 6007(e)(1)(C) a person to fill the
        vacancy of the first member appointed by the Governor of
        Maryland under former section 6007(e)(1)(C) whose term expires
        after the date of the enactment of this Act. Representatives
        from Maryland local governments shall appoint under new section
        6007(e)(1)(G)--
                    (A) a person to fill the vacancy of the second
                member appointed by the Governor under former section
                6007(e)(1)(C) whose term expires after such date of
                enactment; and
                    (B) a person to fill the vacancy of the member
                appointed by the President under former section
                6007(e)(1)(D) when the term of such member expires
                after such date of enactment.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Former section 6007(e).--The term ``former section
        6007(e)'' means section 6007(e) of the Metropolitan Washington
        Airports Act of 1986 as in effect on the day before the date of
        the enactment of this Act.
            (2) New section 6007(e).--The term ``new section 6007(e)''
        means section 6007(e) of the Metropolitan Washington Airports
        Act of 1986, as amended by section 3 of this Act.

Output:
Metropolitan Washington Airports Act Amendments of 1995 - Amends the Metropolitan Washington Airports Act of 1986 to revise congressional findings with respect to the two federally owned airports in the Washington metropolitan area to declare a perceived declining limited need for a Federal role in the management of these airports and increasing need for local planning and management on a metropolitan statistical area basis.
(Sec. 3) Revises the composition of the Board of Directors for the Metropolitan Washington Airports Authority.  Repeals the mandate for and authority of a Board of Review of the Airports Authority, thus abolishing it.
Prohibits any proposed action of the Board of Directors which could result in a change in the impact of aircraft noise in the vicinity of a Metropolitan Washington Airport unless, at least 60 days before the action is to take effect, it:  (1) notifies the Committee on Noise Abatement at National and Dulles Airports of the Washington Council of Governments of the action to allow them an opportunity to review, and submit comments on, such action; and (2) submits to such committee a response to any committee comment with respect to such action.
(Sec. 4) Requires persons appointed as members of the Board upon the enactment of this Act to continue to serve until their original terms expire.  Provides for the appointment of persons to fill vacancies on the Board.


Input:
SECTION 1. NATIONAL TESTS.

    (a) OERI Annual Spending Plan.--Notwithstanding any other provision
of law, the Assistant Secretary for Educational Research and
Improvement shall submit to the Committee on Appropriations of the
Senate a spending plan for activities funded through the Office of
Educational Research and Improvement for each fiscal year, prior to the
obligation of any funds for the fiscal year.
    (b) Exclusive Authority.--Notwithstanding any other provision of
law, the National Assessment Governing Board established under section
412 of the National Education Statistics Act of 1994 (20 U.S.C. 9011)
(hereafter in this section referred to as the ``Board'') shall
hereafter have exclusive authority over all policies, direction, and
guidelines for establishing and implementing voluntary national tests
for 4th grade English reading and 8th grade mathematics.
    (c) Availability.--The tests described in subsection (b) shall be
made available to a State, local educational agency, or private or
parochial school, upon the request of the State, agency, or school, and
the use of the tests shall not be a condition for receiving any Federal
funds.
    (d) Contract.--
            (1) In general.--Within 90 days after the date of enactment
        of this Act, the Board shall review the national test
        development contract in effect on the date of enactment of this
        Act, and modify the contract as the Board determines necessary.
        If the contract cannot be modified to the extent determined
        necessary by the Board, the contract shall be terminated and
        the Board shall negotiate a new contract, under the Board's
        exclusive control, for the tests.
            (2) Board duties.--In exercising the Board's
        responsibilities under paragraph (1) regarding the national
        tests, and notwithstanding any action undertaken by the
        Department of Education or a person contracting with or
        providing services for the Department regarding the planning,
        or the development of specifications, for the tests, the Board
        shall--
                    (A) ensure that the content and standards for the
                tests are the same as the content and standards for the
                National Assessment;
                    (B) exercise exclusive authority over any expert
                panel or advisory committee that will be or is
                established with respect to the tests;
                    (C) ensure that the tests are linked to the
                National Assessment to the maximum degree possible ;
                    (D) develop test objectives, test specifications,
                and test methodology;
                    (E) develop policies for test administration,
                including guidelines for inclusion of, and
                accommodations for, students with disabilities and
                students with limited English proficiency;
                    (F) develop policies for reporting test results,
                including the use of standards or performance levels,
                and for test use;
                    (G) have final authority over the appropriateness
                of all test items;
                    (H) ensure that all items selected for use on the
                tests are free from racial, cultural, or gender bias;
                and
                    (I) take such actions and make such policies as the
                Board determines necessary.
    (e) Consent Required.--No State or local educational agency may
require any private or parochial school student, or home-schooled
individual, to take any test developed under this Act without the
written consent of the student or individual.
    (f) NAGB Amendments.--Section 412 of the National Education
Statistics Act of 1994 (20 U.S.C. 9011) is amended--
            (1) in subsection (b)(1)--
                    (A) by amending subparagraph (A) to read as
                follows:
                    ``(A) three Governors, or former Governors, of whom
                not more than 1 shall be a member of the same political
                party as the President;'';
                    (B) by amending subparagraph (B) to read as
                follows:
                    ``(B) two State legislators, of whom not more than
                1 shall be a member of the same political party as the
                President;'';
                    (C) in subparagraph (H), by striking ``one
                representative'' and inserting ``three
                representatives'';
                    (D) by amending subparagraph (I) to read as
                follows:
                    ``(I) two mayors, of whom not more than 1 shall be
                a member of the same political party as the
                President;'';
                    (E) by striking subparagraph (J); and
                    (F) by redesignating subparagraphs (K), (L), and
                (M) as subparagraphs (J), (K), and (L), respectively;
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``and may not
                exceed a period of 3'' and inserting ``and shall be for
                periods of 4''; and
                    (B) in paragraph (2), by inserting ``consecutive''
                after ``two'';
            (3) by amending subsection (d) to read as follows:
    ``(d) Vacancies.--As vacancies on the Board occur, new members of
the Board shall be appointed by the Secretary from among individuals
who are nominated by the Board after consultation with representatives
of the individuals described in subsection (b)(1). For each vacancy,
the Board shall nominate at least 3 individuals who are qualified by
experience or training to fill the particular Board vacancy.''; and
            (4) in subsection (e) by adding at the end the following:
            ``(7) Independence.--In the exercise of its functions,
        powers, and duties, the Board shall be independent of the
        Secretary and the other offices and officers of the Department.
        The Secretary shall, by written delegation of authority,
        authorize the Board to award grants and contracts, and
        otherwise operate, to the maximum extent practicable,
        independent of the Department.''.
    (g) Appointments.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Education, in consultation with
the Speaker and Minority Leader of the House of Representatives, and
the Majority Leader and Minority Leader of the Senate, shall appoint
individuals to fill vacancies on the National Assessment Governing
Board caused by the expiration of the terms of members of the Board, or
the creation of new membership positions on the Board pursuant to
amendments made by this Act.

Output:
Directs the Assistant Secretary for Educational Research and Improvement, before any funds are obligated for a fiscal year, to submit to the Committee on Appropriations of the Senate a spending plan for activities funded through the Office of Educational Research and Improvement for such year.
Gives to the National Assessment Governing Board (established under the National Education Statistics Act of 1994) exclusive authority over all policies, direction, and guidelines for establishing and implementing voluntary national tests for fourth grade English reading and eighth grade mathematics.
Requires such tests to be made available, upon request, to a State, local educational agency, or private or parochial school.
Prohibits making the use of such tests a condition for receiving any Federal funds.
Directs the Board to review the current national test development contract, and modify it as necessary, or terminate it and negotiate a new contract under the Board's exclusive control.
Sets forth Board responsibilities with respect to development of, and content and standards for, such tests.
Prohibits a State or local educational agency from requiring any private or parochial school student, or home-schooled individual, to take any test developed under this Act without the student's or individual's written consent.
Amends the National Education Statistics Act of 1994 to:  (1) revise requirements for appointment of Board members; and (2) provide that the Board, in its exercise of its functions, powers, and duties, shall be independent of the Secretary of Education and the other offices and officers of the Department of Education.
Directs the Secretary to appoint individuals to fill vacancies on the Board caused by expiration of member terms or creation of new membership positions under this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Strategic and Critical
Minerals Production Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The industrialization of China and India has driven
        demand for nonfuel mineral commodities, sparking a period of
        resource nationalism exemplified by China's reduction in
        exports of rare-earth elements necessary for
        telecommunications, military technologies, healthcare
        technologies, and conventional and renewable energy
        technologies.
            (2) The availability of minerals and mineral materials are
        essential for economic growth, national security, technological
        innovation, and the manufacturing and agricultural supply
        chain.
            (3) The exploration, production, processing, use, and
        recycling of minerals contribute significantly to the economic
        well-being, security and general welfare of the Nation.
            (4) The United States has vast mineral resources, but is
        becoming increasingly dependent upon foreign sources of these
        mineral materials, as demonstrated by the following:
                    (A) Twenty-five years ago the United States was
                dependent on foreign sources for 30 nonfuel mineral
                materials, 6 of which the United States imported 100
                percent of the Nation's requirements, and for another
                16 commodities the United States imported more than 60
                percent of the Nation's needs.
                    (B) By 2011 the United States import dependence for
                nonfuel mineral materials had more than doubled from 30
                to 67 commodities, 19 of which the United States
                imported 100 percent of the Nation's requirements, and
                for another 24 commodities, imported more than 50
                percent of the Nation's needs.
                    (C) The United States share of world wide mineral
                exploration dollars was 8 percent in 2011, down from 19
                percent in the early 1990s.
                    (D) In the 2012 Ranking of Countries for Mining
                Investment, out of 25 major mining countries, the
                United States ranked last with Papua New Guinea in
                permitting delays, and towards the bottom regarding
                government take and social issues affecting mining.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Strategic and critical minerals.--The term ``strategic
        and critical minerals'' means minerals that are necessary--
                    (A) for national defense and national security
                requirements;
                    (B) for the Nation's energy infrastructure,
                including pipelines, refining capacity, electrical
                power generation and transmission, and renewable energy
                production;
                    (C) to support domestic manufacturing, agriculture,
                housing, telecommunications, healthcare, and
                transportation infrastructure; and
                    (D) for the Nation's economic security and balance
                of trade.
            (2) Agency.--The term ``agency'' means any agency,
        department, or other unit of Federal, State, local, or tribal
        government, or Alaska Native Corporation.
            (3) Mineral exploration or mine permit.--The term ``mineral
        exploration or mine permit'' includes plans of operation issued
        by the Bureau of Land Management and the Forest Service
        pursuant to 43 CFR 3809 and 36 CFR 228A respectively.

  TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
                                MINERALS

SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.

    Domestic mines that will provide strategic and critical minerals
shall be considered an ``infrastructure project'' as described in
Presidential Order ``Improving Performance of Federal Permitting and
Review of Infrastructure Projects'' dated March 22, 2012.

SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.

    (a) In General.--The lead agency with responsibility for issuing a
mineral exploration or mine permit shall appoint a project lead who
shall coordinate and consult with other agencies, cooperating agencies,
project proponents and contractors to ensure that agencies minimize
delays, set and adhere to timelines and schedules for completion of
reviews, set clear permitting goals and track progress against those
goals.
    (b) The lead agency with responsibility for issuing a mineral
exploration or mine permit shall determine any such action would not
constitute a major Federal action significantly affecting the quality
of the human environment within the meaning of the National
Environmental Policy Act of 1969 if the procedural and substantive
safeguards of the lead agency's permitting process alone, any
applicable State permitting process alone, or a combination of the two
processes together provide an adequate mechanism to ensure that
environmental factors are taken into account.
    (c) The lead agency with responsibility for issuing a mineral
exploration or mine permit shall enhance government coordination on
permitting and review by avoiding duplicative reviews, minimizing
paperwork and engaging other agencies and stakeholders early in the
process. The lead agency shall consider the following best practices:
            (1) Deferring to and relying upon baseline data, analysis
        and reviews preformed by State agencies with jurisdiction over
        the proposed project.
            (2) Conducting reviews concurrently rather than
        sequentially to the extent practicable and when such concurrent
        review will expedite rather than delay a decision.
    (d) At the request of a project proponent, the project lead of the
agency with responsibility for issuing a mineral exploration or mine
permit shall enter into an agreement with the project proponent and
other cooperating agencies that sets time limits for each part of the
permit review process including the following:
            (1) The decision on whether to prepare a document required
        under the National Environmental Policy Act of 1969.
            (2) A determination of the scope of any document required
        under the National Environmental Policy Act of 1969.
            (3) The scope of and schedule for the baseline studies
        required to prepare a document required under the National
        Environmental Policy Act of 1969.
            (4) Preparation of any draft document required under the
        National Environmental Policy Act of 1969.
            (5) Preparation of a final document required under the
        National Environmental Policy Act of 1969.
            (6) Consultations required under applicable laws.
            (7) Submission and review of any comments required under
        applicable law.
            (8) Publication of any public notices required under
        applicable law.
            (9) A final or any interim decisions.
    (e) In no case should the total review process described in
subsection (d) exceed 30 months unless agreed to by the signatories of
the agreement.
    (f) The lead agency is not required to address agency or public
comments that were not submitted during the public comment periods
provided by the lead agency or otherwise required by law.
    (g) The lead agency will determine the amount of financial
assurance for reclamation of a mineral exploration or mining site,
which must cover the estimated cost if the lead agency were to contract
with a third party to reclaim the operations according to the
reclamation plan, including construction and maintenance costs for any
treatment facilities necessary to meet Federal, State or tribal
environmental standards.
    (h) This section shall apply with respect to a mineral exploration
or mine permit for which an application was submitted before the date
of the enactment of this Act if the applicant for the permit submits a
written request to the lead agency for the permit. The lead agency
shall begin implementing this section with respect to such application
within 30 days after receiving such written request.
    (i) With respect to strategic and critical materials within a
federally administered unit of the National Forest System, the lead
agency shall--
            (1) exempt all areas of identified mineral resources in
        Land Use Designations, other than Non-Development Land Use
        Designations, in existence as of the date of the enactment of
        this Act from the procedures detailed at and all rules
        promulgated under part 294 of title 36, Code for Federal
        Regulations;
            (2) apply such exemption to all additional routes and areas
        that the lead agency finds necessary to facilitate the
        construction, operation, maintenance, and restoration of the
        areas of identified mineral resources described in paragraph
        (1); and
            (3) continue to apply such exemptions after approval of the
        Minerals Plan of Operations for the unit of the National Forest
        System.

SEC. 103. CONSERVATION OF THE RESOURCE.

    In developing the mineral exploration or mine permit, the priority
of the lead agency shall be to maximize the development of the mineral
resource, while mitigating environmental impacts, so that more of the
mineral resource can be brought to the market place.

SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
              PROJECTS.

    (a) Preparation of Federal Notices for Mineral Exploration and Mine
Development Projects.--The preparation of Federal Register notices
required by law associated with the issuance of a mineral exploration
or mine permit shall be delegated to the organization level within the
agency responsible for issuing the mineral exploration or mine permit.
All Federal Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake an action
shall be originated and transmitted to the Federal Register from the
office where documents are held, meetings are held, or the activity is
initiated.
    (b) Departmental Review of Federal Register Notices for Mineral
Exploration and Mining Projects.--Absent any extraordinary circumstance
or except as otherwise required by any Act of Congress, each Federal
Register notice described in subsection (a) shall undergo any required
reviews within the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal Register
no later than 30 days after its initial preparation.

TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
                              MINE PERMITS

SEC. 201. DEFINITIONS FOR TITLE.

    In this title the term ``covered civil action'' means a civil
action containing a claim under section 702 of title 5, United States
Code, regarding agency action affecting a mineral exploration or mine
permit.

SEC. 202. TIMELY FILINGS.

    A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.

SEC. 203. EXPEDITION IN HEARING AND DETERMINING THE ACTION.

    The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.

SEC. 204. LIMITATION ON PROSPECTIVE RELIEF.

    In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.

SEC. 205. LIMITATION ON ATTORNEYS' FEES.

    Sections 504 of title 5, United States Code, and 2412 of title 28,
United States Code (together commonly called the Equal Access to
Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.

            Passed the House of Representatives July 12, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Output:
National Strategic and Critical Minerals Production Act of 2012 - Title I: Development of Domestic Sources Of Strategic and Critical Minerals - (Sec. 101) Deems a domestic mine that will provide strategic and critical minerals to be an "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects" dated March 22, 2012.

(Sec. 102) Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, contractors, and the status and scope of any environmental impact statement.

Requires the lead agency to determine that any such action would not constitute a major federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA) if the procedural and substantive safeguards of the lead agency's permitting process alone, any applicable state permitting process alone, or a combination of the two processes together provide an adequate mechanism to ensure that environmental factors are taken into account.

 Requires the lead agency's project lead, at a project proponent's request, to enter into an agreement with the project proponent and other cooperating agencies that sets time limits for each part of the permit review process.

Applies this Act to a mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request.

Requires the lead agency, with respect to strategic and critical materials within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit.

(Sec. 103) Declares the priority of the lead agency is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place.

(Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects.

Title II: Judicial Review Of Agency Actions Relating To Exploration And Mine Permits - (Sec. 202) Bars a civil action claiming legal wrong caused by an agency action unless it is filed by the end of the 60-day period beginning on the date of the final federal agency action to which it relates.

(Sec. 203) Requires the court to hear and determine any covered civil action as expeditiously as possible.

(Sec. 204) Prohibits the court, in a covered civil action, from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation.

(Sec. 205) Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff.

Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Industry Stabilization Act
of 2003''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.

SEC. 3. AVIATION INSURANCE.

    (a) Authority.--Section 44302(a)(1) is amended by striking ``may''
and inserting ``shall''.
    (b) Extension of Policies.--Section 44302(f)(1) is amended by
striking ``August 31, 2003, and may extend through December 31, 2003,''
and inserting ``December 31, 2007,''.
    (c) Coverage.--Section 44303 is amended--
            (1) in subsection (a) by striking ``In general.--'' and
        inserting ``In General.--''; and
            (2) in subsection (b)--
                    (A) by striking ``during the period beginning on''
                and inserting ``on or after''; and
                    (B) by striking ``and ending on December 31,
                2003,''.
    (d) Termination Date.--Section 44310 and the item relating to such
section in the analysis for chapter 443 are repealed.

SEC. 4. LOAN GUARANTEES AND LINES OF CREDIT FOR AVIATION FUEL COSTS.

    (a) Extension of Application Period.--Notwithstanding section
1300.16 of title 14, Code of Federal Regulations, or any other
provision of law or regulation, applications for Federal credit
instruments authorized by section 101 of the Air Transportation Safety
and System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 230) may
be filed for a period of 30 days following the date on which the
President authorizes the military to use force against the Republic of
Iraq in calendar year 2003, and the Air Transportation Stabilization
Board determines that an extraordinary increase in jet fuel prices (as
defined in section 11(a)(3)) has occurred.
    (b) Publication of Notice.--The Board shall publish a notice in the
Federal Register announcing that applications may be filed under
subsection (a) and another notice when the time for such applications
will end.
    (c) Limitations on Federal Credit Instruments.--A Federal credit
instrument issued by the Board in accordance with this section shall--
            (1) be for the purpose of allowing an air carrier to secure
        financial obligations to pay for its aviation fuel purchases
        for a period of 6 months or the period that begins on the date
        the Board determines that an extraordinary increase in jet fuel
        prices has occurred and ends on the date that the Secretary of
Transportation determines that the average price for jet fuel in
calendar year 2003 is equal to or less than the average price reported
by major air carriers for calendar year 2002, whichever period ends
sooner; and
            (2) be for the actual increased aviation fuel cost incurred
        by the air carrier or a reasonable estimate of such cost over
        the average price of commercial aviation fuel reported to the
        Secretary of Transportation by air carriers during calendar
        year 2002, as determined by the Board.
    (d) Maximum Amount of Federal Credit Instruments.--The maximum
amount of Federal credit instruments that may be issued by the Board in
accordance with this section shall be $3,000,000,000. The Board shall
establish a formula setting the maximum amount of Federal credit
instruments that may be issued to any air carrier based on the
percentage of gallons of aviation fuel consumed by that air carrier in
proportion to the total gallons of aviation fuel consumed by all air
carriers during calendar year 2002.
    (e) Special Rules.--
            (1) Limitation on applicability.--Sections 102(c),
        102(d)(1), and 102(d)(2) of the Air Transportation Safety and
        System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 231-
        232) shall not apply to Federal credit instruments to be issued
        in accordance with this section.
            (2) Inclusion of lines of credit.--For purposes of Federal
        credit instruments to be issued in accordance with this
        section, the term ``Federal credit instrument'', as used in
        section 107(2) of the Air Transportation Safety and System
        Stabilization Act (115 Stat. 234), includes a line of credit
        and a guarantee of a line of credit issued by a third party.
            (3) Treatment of time period.--The 2-year period referred
        to in section 104(a) of the Air Transportation Safety and
        System Stabilization Act (49 U.S.C. 40101 note; 115 Stat. 233)
        shall be treated with respect to an application filed in
        accordance with subsection (a) of this section as being the 2-
        year period beginning on the date of enactment of this Act.
    (f) Savings Clause.--Nothing in this section shall be construed as
affecting an application filed before the date of enactment of this Act
for a Federal credit instrument authorized by section 101 of the Air
Transportation Safety and Stabilization Act (49 U.S.C. 40101 note; 115
Stat. 230).
    (g) Major Air Carrier Defined.--In this section, the term ``major
air carrier'' has the meaning such term has under section 41720(a) of
title 49, United States Code.

SEC. 5. AIR MARSHALS.

    Not later than 90 days after all cockpit doors that are required to
be strengthened under section 104(a) of the Aviation and Transportation
Security Act (49 U.S.C. 44903 note; 115 Stat. 605-606) are
strengthened, the Under Secretary for Border and Transportation
Security of the Department of Homeland Security shall consider whether
it is necessary to require Federal air marshals to be seated in the
first class cabin of an aircraft with strengthened cockpit doors and
report to Congress (in classified form if necessary) on the results of
such reconsideration.

SEC. 6. SCREENING OF MAIL.

    (a) Improved Screening.--Not later than 30 days after the date of
enactment of this Act, the Under Secretary for Border and
Transportation Security of the Department of Homeland Security shall
undertake, without a decrease in aviation security, such action as may
be necessary to improve the screening of mail so that it can be carried
on passenger flights of air carriers.
    (b) Report.--Not later than 120 days after the date of enactment of
this Act, the Under Secretary shall transmit to Congress a report on
the Transportation Security Administration's pilot program to determine
whether canine teams can be used to screen mail before being placed
aboard passenger-carrying aircraft.

SEC. 7. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN SCREENING AND RELATED
              ACTIVITIES.

    The Under Secretary for Border and Transportation Security of the
Department of Homeland Security, within available resources, shall
reimburse air carriers and airports for the following:
            (1) All screening and related activities that the air
        carriers or airports perform or are responsible for performing,
        including--
                    (A) the screening of catering supplies;
                    (B) checking documents at security checkpoints;
                    (C) screening of passengers; and
                    (D) screening of persons with access to aircraft.
            (2) The provision of space and facilities used to perform
        screening functions if such space and facilities have been
        previously used, or were intended to be used, for revenue-
        producing purposes.

SEC. 8. REIMBURSEMENT OF AIR CARRIERS FOR FORTIFYING COCKPIT DOOR.

    The Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall reimburse air carriers for the
cost of fortifying cockpit doors in accordance with section 48301(b) of
title 49, United States Code.

SEC. 9. REIMBURSEMENT OF AIR CARRIERS FOR CERTAIN LOSSES RESULTING FROM
              WAR WITH IRAQ.

    (a) In General.--The Secretary of Transportation shall reimburse an
air carrier for any financial losses that the Secretary determines are
attributable to the loss of air traffic resulting from the use of force
against the Republic of Iraq in calendar year 2003.
    (b) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.

SEC. 10. AIRLIFT SERVICES.

    Section 41106 is amended by adding at the end the following:
    ``(e) Compensation of Contractors.--An airlift services contract
entered into by the Secretary of Defense and an air carrier described
in subsection (a) shall ensure that the air carrier is compensated for
the positioning, de-positioning, and other ferry portions of missions
performed under the contract.''.

SEC. 11. STRATEGIC PETROLEUM RESERVE.

    (a) Requirement.--
            (1) Drawdown.--Notwithstanding any other provision of law,
        if the President authorizes the military to use force against
        the Republic of Iraq in calendar year 2003, the Secretary of
        Energy shall drawdown and distribute petroleum from the
        Strategic Petroleum Reserve in quantities of not less than
        500,000 barrels per day, to the extent necessary to remedy a
        dislocation in the jet fuel market or an extraordinary increase
        in the price of jet fuel.
            (2) Dislocation in jet fuel market.--For purposes of
        paragraph (1), a dislocation in the jet fuel market occurs when
        the inventories of United States domestic jet fuel (as reported
        by the Department of Energy) decrease by more than 25 percent
        over the previous 3-year rolling average.
            (3) Extraordinary price increase.--
                    (A) In general.--For purposes of paragraph (1) and
                section 4, an extraordinary increase in the price of
                jet fuel occurs when the quotient exceeds by 50 percent
                the average price for jet fuel reported to the
                Secretary of Transportation by air carriers for 2002.
                    (B) Calculation of quotient.--For purposes of
                subparagraph (A), the quotient is calculated by
                dividing by 2 the sum of the Gulf Coast and New York
                Harbor 5-day spot average prices of jet fuel.
    (b) Cessation.-- The Secretary of Energy may cease any drawdown
under subsection (a) if the Secretary determines that--
            (1) there no longer is any dislocation in the jet fuel
        market; or
            (2) in the case of a drawdown resulting from an
        extraordinary increase in the price of jet fuel, the quotient
        calculated under subsection (a)(3) no longer exceeds by 50
        percent the average price for jet fuel reported to the
        Secretary of Transportation by air carriers for 2002.

SEC. 12. CARGO CARRIED ABOARD PASSENGER-CARRYING AIRCRAFT.

    (a) Establishment of Working Group.--The Under Secretary for Border
and Transportation Security of the Department of Homeland Security
shall establish an air cargo security working group with industry
experts from the Transportation Security Administration, passenger
airlines, indirect air carriers, shippers, small businesses, and other
related groups to develop recommendations on the enhancement of the
current known shipper program.
    (b) Duties of Working Group.--The working group shall analyze the
effectiveness of the current known shipper program, develop recommended
enhancements, and present its findings and recommendations to the Under
Secretary. In developing its recommendations, the working group shall
take into consideration the extraordinary air transportation needs of
small or isolated communities and unique operational aspects of
carriers that serve such communities.

SEC. 13. FACTORS CONTRIBUTING TO AIR CARRIER FINANCIAL DIFFICULTIES.

    (a) Analysis.--The Comptroller General shall analyze the factors
contributing to the financial difficulties of air carriers for the
purpose of determining possible approaches to alleviate such
difficulties.
    (b) Report.--Not later than 90 days after the date of enactment of
this Act, the Comptroller General shall transmit to Congress a report
on the results of the analysis, together with recommendations.

Output: Aviation Industry Stabilization Act of 2003 - Amends Federal transportation law to change from discretionary to mandatory the authority of the Secretary of Transportation to provide insurance and reinsurance against loss or damage arising out of any risk from the operation of an American aircraft or foreign-flag aircraft.Grants the Secretary authority to extend through calendar year 2007 the termination date of any insurance policy issued to an air carrier.Makes permanent the Secretary's authority to declare an air carrier a victim of terrorism not liable for third party claims arising out of acts of terrorism.Extends the period for an air carrier to apply for a loan guarantee or line of credit to pay for its aviation fuel costs or increases in aviation fuel costs under the Air Transportation Safety and System Stabilization Act.Requires the Under Secretary for Border and Transportation Security, after all cockpit doors are strengthened, to consider and report to Congress on whether it is necessary to require Federal air marshals to be seated in the first class cabin of an aircraft with strengthened cockpit doors.Requires the Under Secretary to: (1) undertake action necessary to improve the screening of mail so that it can be carried on passenger flights; and (2) reimburse air carriers for certain screening and related activities as well as the cost of fortifying cockpit doors, and for any financial losses attributed to the loss of air traffic resulting from the use of force against Iraq in calendar year 2003.Requires that an airlift services contract entered into by the Secretary of Defense and an air carrier provide for the air carrier to be compensated for the positioning, repositioning, and other ferry portions of missions performed under the contract.Requires the Secretary of Energy, if the use of force against Iraq is authorized in calendar year 2003, to drawdown and distribute petroleum from the Strategic Petroleum Reserve to the extent necessary to remedy a dislocation in the jet fuel market or an extraordinary increase in the price of jet fuel.Establishes an air cargo security working group composed of various groups to develop recommendations on the enhancement of the current known shipper program.Directs the Comptroller General to analyze factors contributing to the financial difficulties of air carriers to determine possible approaches to alleviate such difficulties.


Input:
SECTION 1. PILOT PROGRAM FOR PARTNERSHIP AGREEMENTS TO CONSTRUCT NEW
              FACILITIES FOR THE DEPARTMENT OF VETERANS AFFAIRS.

    (a) Program Authorized.--
            (1) In general.--The Secretary of Veterans Affairs may
        carry out a program under which the Secretary may enter into
        not more than five partnership agreements with entities
        described in paragraph (2) to conduct one or more--
                    (A) super construction projects (as defined in
                section 8103(e)(3) of title 38, United States Code);
                    (B) major medical facility projects (as defined in
                section 8104(a)(3) of title 38, United States Code); or
                    (C) major construction projects to construct new
                cemeteries or to develop additional gravesites or
                columbarium niches at existing cemeteries.
            (2) Entities described.--Entities described in this
        paragraph are the following:
                    (A) A State or local authority.
                    (B) An organization that is described in section
                501(c)(3) of the Internal Revenue Code of 1986 and is
                exempt from taxation under section 501(a) of such Code.
                    (C) A limited liability corporation.
                    (D) A private entity.
                    (E) A donor or donor group.
                    (F) Any other non-Federal Government entity.
    (b) Application of Certain Laws.--The authority under this section
may be carried out notwithstanding any other provision of law
(including section 8103(e) of title 38, United States Code), except
for--
            (1) Federal laws relating to environmental and historic
        preservation; and
            (2) subchapter IV of chapter 31 of title 40, United States
        Code (commonly referred to as the ``Davis-Bacon Act'').
    (c) Selection of Projects.--
            (1) In general.--Except as provided in paragraph (2), the
        projects that the Secretary may select for the program are
        projects for which--
                    (A)(i) Congress has appropriated partial funding
                for the project; or
                    (ii) The Department of Veterans Affairs has
                identified a need for the project through its long-
                range capital planning process by listing the project
                on the Major Construction Strategic Capital Investment
                Planning priority list included in the budget submitted
                to Congress by the President pursuant to section
                1105(a) of title 31, United States Code; and
                    (B) an entity described in subsection (a)(2) has
                entered into or is willing to enter into a formal
                agreement with the Secretary to independently finance
                or donate amounts for the project, in an amount
                acceptable and at no additional cost to the Federal
                Government.
            (2) Selected construction project.--
                    (A) In general.--One of the five partnership
                agreements that the Secretary is authorized to enter
                into under subsection (a) is a partnership agreement to
                conduct a project to design, finance, and construct a
                new ambulatory care center in Omaha, Nebraska.
                    (B) Space and parking.--The project described in
                subparagraph (A) shall include space and parking as
                determined necessary by the Secretary.
                    (C) Contribution of funds.--The Secretary may
                contribute funds for the project described in
                subparagraph (A) in an amount not to exceed
                $56,000,000, and in no event shall the contribution or
                liability of the Secretary exceed such amount except to
                the extent that additional funds are appropriated for
                the project.
    (d) Requirements of Entities.--
            (1) Agreements.--Each partnership agreement entered into
        under subsection (a) with an entity described in paragraph (2)
        of that subsection for the conduct of a project under this
        section shall provide for the following:
                    (A) The entity shall conduct any necessary
                environmental and historic preservation due diligence,
                comply with local zoning requirements (except for
                studies and consultations required of the Department
                under Federal law), and obtain any permits required
                before beginning construction in connection with the
                project.
                    (B) The entity shall use construction standards
                required of the Department when designing and building
                the project, except to the extent the Secretary
                determines otherwise.
                    (C) The entity shall establish a Board of Directors
                described in paragraph (2) to oversee the conduct of
                the project (in this section referred to as the
                ``Board'').
            (2) Board of directors.--
                    (A) Composition.--
                            (i) In general.--The Board shall be
                        comprised of not fewer than 5 and not more than
                        10 members as follows:
                                    (I) Not fewer than one member shall
                                be a veteran who is not an employee of
                                the Department.
                                    (II) Not fewer than one member
                                shall be an employee of the Department
                                and function as a nonvoting member of
                                the Board.
                            (ii) Chair.--The Board shall designate a
                        Chair from among the members of the Board to
                        oversee the activities of the Board.
                            (iii) Conflicts.--All current or proposed
                        members of the Board shall promptly disclose
                        any actual or potential conflicts to the
                        Secretary and must agree as a condition of
                        their appointment to the Board to remove
                        themselves from membership on the Board if the
                        Chair and Secretary jointly agree that doing so
                        is appropriate due to an actual or potential
                        conflict.
                    (B) Charter.--Not later than 180 days after
                inception, or such other timeframe as the Secretary may
                approve, the Board shall establish a written charter to
                describe the roles, responsibilities, policies, and
                procedures of operation of the Board to ensure
                successful project management, design, and
                construction, and completion of the designated project.
                    (C) Duties.--
                            (i) In general.--The Board shall be
                        responsible for overseeing the activities
                        needed to finance, design, and construct the
                        designated project for the Department.
                            (ii) Updates.--The Board shall submit to
                        the Secretary written updates regarding the
                        status of the designated project at such time
                        and in such manner as the Secretary shall
                        specify.
                    (D) Defense to department.--The Board shall defer
                to the Secretary on all matters that are inherent to
                the mission and operations of the Department, including
                conditional or final acceptance of the designated
                project.
                    (E) Dissolution.--The Board may not dissolve until
                after the Secretary has provided final acceptance of
                the completion of the designated project to the Board,
                plus such additional time or contingencies as the Board
                and the Secretary may jointly approve.
    (e) Project Funds.--
            (1) From department.--
                    (A) In general.--Except as provided in subsection
                (c)(2), and except to the extent that additional funds
                are appropriated for a project, the Secretary may
                provide funds to help finance, design, and construct
                the project in an amount not to exceed the total amount
                appropriated for the project at the time of the
                partnership agreement under subsection (a) between the
                Department and the entity described in subsection
                (a)(2) that is conducting the project.
                    (B) Terms and conditions.--The Secretary shall
                provide funds pursuant to subparagraph (A) under such
                terms, conditions, and schedule as the Secretary
                determines appropriate.
            (2) From entity.--The entity described in subsection (a)(2)
        that is conducting the project shall be required to contribute
        all funds in addition to the funds provided under paragraph (1)
        that are needed to complete the project.
    (f) Application.--To be eligible to participate in the program
under this section, entities described in subsection (a)(2) shall
submit to the Secretary an application to address needs relating to
facilities of the Department, including health care needs, identified
in the Construction and Long-Range Capital Plan of the Department, at
such time, in such manner, and containing such information as the
Secretary may require, including the following:
            (1) The name, resume, and description of the experience of
        the project manager for each project that the entity is
        proposing to pursue with the Secretary under the program.
            (2) A description of the proposed monetary and non-monetary
        contributions of the entity for the project, and how future
        funding will be secured.
            (3) A description of the process the entity would use to
        select a third-party contractor or developer, as applicable, to
        perform the work necessary to complete the project.
            (4) A description of the Board and project management plan
        that the entity will use, to ensure concise and consistent
        communication between all parties involved in the project.
            (5) A description of the procedures that the entity will
        use to review, monitor, and process change orders when
        received, including how input and feedback by the Department
        will be incorporated, particularly for issues that would affect
        the time or cost of the project.
            (6) A detailed estimate of the costs to complete the
        project.
            (7) A description of the estimated timeline for completion
        of the project and milestones associated with the activities
        needed to finance, design, and construct the project.
            (8) An agreement to obtain an independent annual financial
        audit of all activities and costs relating to the project in
        accordance with generally accepted accounting principles.
            (9) Such other information as the Secretary may require.
    (g) Annual Report on Projects.--
            (1) In general.--The Secretary shall include in the budget
        submitted to Congress by the President pursuant to section
        1105(a) of title 31, United States Code, information regarding
        any projects conducted under this section during the year
        preceding the submittal of the budget.
            (2) Elements.--Each report submitted under paragraph (1)
        shall provide a detailed status of projects conducted under
        this section, including the percentage completion of the
        project.
    (h) Comptroller General Report.--The Comptroller General of the
United States shall submit to Congress a biennial report on the
partnership agreements entered into under the program under this
section.
    (i) Rule of Construction.--Nothing in this section shall be
construed as a limitation on the authority of the Secretary to enter
into other agreements that are authorized by law and not inconsistent
with this section.

Output: This bill authorizes the Department of Veterans Affairs (VA) to carry out a program under which it may enter into up to five partnership arrangements with a state or local authority, a tax exempt non-profit corporation, a limited liability corporation, a private entity, a donor, or other non-federal entity to conduct:   super construction projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million); major medical facility projects (a project for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $10 million, excluding an acquisition by exchange); or  major construction projects to construct a new cemeteries or to develop additional gravesites or columbarium niches at existing cemeteries.   The VA may select projects for which: (1) Congress has appropriated partial funding or the VA has identified a need through its long-range capital planning process by listing it on the Major Construction Strategic Capital Investment Planning priority list included in the annual budget submitted to Congress by the President, and (2) a non-federal entity has entered into or is willing to enter into a formal agreement with the VA to independently finance or donate an acceptable amount of project funds at no additional cost to the federal government. One of the non-federal entity partnership agreements shall be a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska.  Each partnership agreement shall require the partner entity to:   conduct necessary environmental and historic preservation due diligence, comply with local zoning requirements, and obtain any permits required for construction; use construction standards required of the VA when designing and building the project, except to the extent the VA determines otherwise; and    establish a Board of Directors to oversee the project.  The VA shall include in the annual budget submitted to Congress by the President information regarding any projects conducted under this bill during the preceding year.