Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iran Refined Petroleum Sanctions
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The illicit nuclear activities of the Government of
        Iran represent a serious threat to the security of the United
        States and our allies in Europe, the Middle East, and around
        the world.
            (2) The United States and the international community have
        a vital interest in working together to prevent the Government
        of Iran from acquiring a nuclear weapons capability.
            (3) The international community, acting through the
        International Atomic Energy Agency and the United Nations, has
        already adopted a range of sanctions designed to encourage the
        Government of Iran to cease its unlawful nuclear activities and
        comply with its obligations under the Treaty on Non-
        Proliferation of Nuclear Weapons (commonly known as the
        ``Nuclear Non-Proliferation Treaty'').
            (4) As a presidential candidate, then-Senator Obama stated
        that additional sanctions, especially those targeting Iran's
        dependence on imported refined petroleum, may help to persuade
        the Government of Iran to abandon its illicit nuclear
        activities.
            (5) On October 7, 2008, then-Senator Obama stated, ``Iran
        right now imports gasoline, even though it's an oil producer,
        because its oil infrastructure has broken down. If we can
        prevent them from importing the gasoline that they need and the
        refined petroleum products, that starts changing their cost-
        benefit analysis. That starts putting the squeeze on them.''.
            (6) On June 4, 2008, then-Senator Obama stated, ``We should
        work with Europe, Japan, and the Gulf states to find every
        avenue outside the UN to isolate the Iranian regime--from
        cutting off loan guarantees and expanding financial sanctions,
        to banning the export of refined petroleum to Iran.''.
            (7) Our allies in the international community have
        expressed support for additional sanctions should the
        Government of Iran fail to verifiably suspend its illicit
        nuclear activities.
            (8) On March 17, 2009, British Prime Minister Gordon Brown
        stated, ``[L]et me be equally clear that Iran's current nuclear
        program is unacceptable. Iran has concealed nuclear activities,
        refused to cooperate with the IAEA, and flouted UN Security
        Council Resolutions. Its refusal to play by the rules leads us
        to view its nuclear program as a critical proliferation threat.
        Iran therefore faces a clear choice--continue in this way and
        face further and tougher sanctions, or change to a UN overseen
        civil nuclear energy program that will bring the greatest
        benefits to its citizens.''.
            (9) On February 7, 2009, British Foreign Secretary David
        Miliband stated, ``We welcome US willingness to talk to Iran.
        But if Iran doesn't respond we will need to be ready to impose
        much tougher sanctions, even if that imposes costs on us here
        in Europe. In this instance, nuclear security must come above
        commercial interests.''.
            (10) On February 7, 2009, German Chancellor Angela Merkel
        stated, ``Let me be quite clear. We have offered to enter into
        negotiations with Iran and we want a diplomatic solution. These
        offers are on the table. . . . We're prepared to travel along
        this road together, but we are also prepared to consider
        tougher sanctions should there be no progress. It's imperative
        that we prevent Iran from acquiring nuclear weapons.''.
            (11) On June 23, 2008, French President Nicolas Sarkozy
        stated, ``So that things are clear and there is no ambiguity, I
        want to say that Iran's military nuclear program demands an
        extremely firm response by the entire international community.
        . . . France is determined to pursue with her partners a policy
        of increasingly tough sanctions until there is a shift in
        position.''.
            (12) The serious and urgent nature of the threat from Iran
        demands that the United States work together with our allies to
        do everything possible--diplomatically, politically, and
        economically--to prevent Iran from acquiring a nuclear weapons
        capability.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the United States should continue to support diplomatic
        efforts in the International Atomic Energy Agency and the
        United Nations Security Council to end Iran's illicit nuclear
        activities;
            (2) diplomatic efforts with Iran are more likely to be
        effective if the President is empowered with the explicit
        authority to impose additional sanctions on the Government of
        Iran;
            (3) it should be the policy of the United States to
        encourage foreign governments to direct state-owned entities to
        cease all investment in, and support of, Iran's energy sector
        and all exports of refined petroleum products to Iran;
            (4) it should be the policy of the United States to
        encourage foreign governments to require private entities based
        in their territories to cease all investment in, and support
        of, Iran's energy sector and all exports of refined petroleum
        products to Iran;
            (5) the President is urged to impose sanctions on the
        Central Bank of Iran and any other Iranian bank or financial
        institution engaged in proliferation activities or support of
        terrorist groups;
            (6) the Department of the Treasury should continue to work
        with our allies to take appropriate measures to protect the
        international financial system from deceptive and illicit
        practices by Iranian banks and financial institutions involved
        in proliferation activities or support of terrorist groups;
            (7) the concerns of the United States regarding Iran are
        strictly the result of the actions of the Government of Iran;
        and
            (8) the people of the United States--
                    (A) have feelings of friendship for the people of
                Iran;
                    (B) regret that developments in recent decades have
                created impediments to that friendship; and
                    (C) hold the people of Iran, their culture, and
                their ancient and rich history in the highest esteem.

SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996.

    (a) Expansion of Sanctions.--Section 5(a) of the Iran Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended to read as follows:
    ``(a) Sanctions With Respect to the Development of Petroleum
Resources of Iran and Exportation of Refined Petroleum to Iran.--
            ``(1) Development of petroleum resources of iran.--
                    ``(A) Investment.--Except as provided in subsection
                (f), the President shall impose 2 or more of the
                sanctions described in paragraphs (1) through (6) of
                section 6(a) if the President determines that a person
                has, with actual knowledge, on or after the date of
                this Act, made an investment of $20,000,000 or more (or
                any combination of investments of at least $5,000,000
                each, which in the aggregate equals or exceeds
                $20,000,000 in any 12-month period), that directly and
                significantly contributed to the enhancement of Iran's
                ability to develop petroleum resources of Iran.
                    ``(B) Production of refined petroleum resources.--
                Except as provided in subsection (f), the President
                shall impose the sanctions described in section 6(b)
                (in addition to any sanctions imposed under
                subparagraph (A)) if the President determines that a
                person has, with actual knowledge, on or after the date
                of the enactment of the Iran Refined Petroleum
                Sanctions Act, sold, leased, or provided to Iran any
                goods, services, technology, information, or support
                that would allow Iran to maintain or expand its
                domestic production of refined petroleum resources,
                including any assistance in refinery construction,
                modernization, or repair.
            ``(2) Exportation of refined petroleum resources to iran.--
        Except as provided in subsection (f), the President shall
        impose the sanctions described in section 6(b) if the President
        determines that a person has, with actual knowledge, on or
        after the date of the enactment of the Iran Refined Petroleum
        Sanctions Act, provided Iran with refined petroleum resources
        or engaged in any activity that could contribute to the
        enhancement of Iran's ability to import refined petroleum
        resources, including--
                    ``(A) providing ships or shipping services to
                deliver refined petroleum resources to Iran;
                    ``(B) underwriting or otherwise providing insurance
                or reinsurance for such activity; or
                    ``(C) financing or brokering such activity.''.
    (b) Description of Sanctions.--Section 6 of such Act is amended--
            (1) by striking ``The sanctions to be imposed on a
        sanctioned person under section 5 are as follows:'' and
        inserting the following:
    ``(a) In General.--The sanctions to be imposed on a sanctioned
person under subsections (a)(1)(A) and (b) of section 5 are as
follows:''; and
            (2) by adding at the end the following:
    ``(b) Additional Sanctions.--The sanctions to be imposed on a
sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are
as follows:
            ``(1) Foreign exchange.--The President shall, under such
        regulations as the President may prescribe, prohibit any
        transactions in foreign exchange by the sanctioned person.
            ``(2) Banking transactions.--The President shall, under
        such regulations as the President may prescribe, prohibit any
        transfers of credit or payments between, by, through, or to any
        financial institution, to the extent that such transfers or
        payments involve any interest of the sanctioned person.
            ``(3) Property transactions.--The President shall, under
        such regulations as the President may prescribe, prohibit any
        acquisition, holding, withholding, use, transfer, withdrawal,
        transportation, importation, or exportation of, dealing in, or
        exercising any right, power, or privilege with respect to, or
        transactions involving, any property in which the sanctioned
        person has any interest by any person, or with respect to any
        property, subject to the jurisdiction of the United States.''.
    (c) Presidential Waiver.--Section 9(c)(2) of such Act is amended by
amending subparagraph (C) to read as follows:
                    ``(C) an estimate of the significance of the
                provision of the items described in paragraph (1) or
                (2) of section 5(a) or section 5(b) to Iran's ability
                to develop its petroleum resources, enhance its ability
                to import refined petroleum resources, or develop its
                weapons of mass destruction or other military
                capabilities (as the case may be); and''.
    (d) Reports on United States Efforts To Curtail Certain Business
Transactions Relating to Iran.--Section 10 of such Act is amended by
adding at the end the following:
    ``(d) Reports on Certain Business Transactions Relating to Iran.--
            ``(1) In general.--Not later than 90 days after the date of
        the enactment of the Iran Refined Petroleum Sanctions Act, and
        every 6 months thereafter, the President shall submit a report
        to the appropriate congressional committees regarding any
        person who has--
                    ``(A) provided Iran with refined petroleum
                resources;
                    ``(B) engaged in any activity that could contribute
                to the enhancement of Iran's ability to import refined
                petroleum resources; or
                    ``(C) sold, leased, or provided to Iran any goods,
                services, or technology that would allow Iran to
                maintain or expand its domestic production of refined
                petroleum resources.
            ``(2) Description.--For each activity set forth in
        subparagraphs (A) through (C) of paragraph (1), the President
        shall provide a complete and detailed description of such
        activity, including--
                    ``(A) the date or dates of such activity;
                    ``(B) the name of any persons who participated or
                invested in or facilitated such activity;
                    ``(C) the United States domiciliary of the persons
                referred to in subparagraph (B);
                    ``(D) any Federal Government contracts to which the
                persons referred to in subparagraph (B) are parties;
                and
                    ``(E) the steps taken by the United States to
                respond to such activity.
            ``(3) Form of reports; publication.--The reports required
        under this subsection shall be--
                    ``(A) submitted in unclassified form, but may
                contain a classified annex; and
                    ``(B) published in the Federal Register.''.
    (e) Clarification and Expansion of Definitions.--Section 14 of such
Act is amended--
            (1) in paragraph (13)(B)--
                    (A) by inserting ``financial institution, insurer,
                underwriter, guarantor, any other business
                organization, including any foreign subsidiary, parent,
                or affiliate of such a business organization,'' after
                ``trust,''; and
                    (B) by inserting ``, such as an export credit
                agency'' before the semicolon at the end; and
            (2) in paragraph (14), by striking ``petroleum and natural
        gas resources'' and inserting ``petroleum, petroleum by-
        products, oil or liquefied natural gas, oil or liquefied
        natural gas tankers, and products used to construct or maintain
        pipelines used to transport oil or liquefied natural gas''.
    (f) Conforming Amendment.--Section 4 of such Act is amended--
            (1) in subsection (b)(2), by striking ``(in addition to
        that provided in subsection (d))''; and
            (2) by striking subsection (d).

Output:
Iran Refined Petroleum Sanctions Act - Expresses the sense of Congress that: (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency (IAEA) and the U.N. Security Council to end Iran's illicit nuclear activities; (2) diplomatic efforts with Iran are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the government of Iran; (3) it should be U.S. policy to encourage foreign governments to direct state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (4) the President is urged to impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups; (5) the Department of the Treasury should continue to work with allies to protect the international financial system from deceptive and illicit practices by Iranian financial institutions involved in proliferation activities or support of terrorist groups; (6) U.S. concerns regarding Iran are strictly the result of that governments actions; and (7) the people of the United States have feelings of friendship for the people of Iran and regret that developments in recent decades have created impediments to that friendship.

Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more current sanctions under such Act if a person has, with actual knowledge, made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources. (Under current law the sanction thresholds are $40 million, $10 million, and $40 million, respectively.)

Directs the President to impose: (1) sanctions established under this Act (in addition to any current sanctions imposed under the Iran Sanctions Act of 1996) if a person has, with actual knowledge, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair; and (2) sanctions established under this Act if a person has, with actual knowledge, provided Iran with refined petroleum resources or engaged in any activity that could contribute to Iran's ability to import refined petroleum resources, including providing shipping, insurance, or financing services for such activity.

Establishes additional sanctions prohibiting specified foreign exchange, banking, and property transactions.

Includes references to refined petroleum resources in a presidential report to Congress requesting waiver of sanctions for purposes of national interest.

Directs the President to report to the appropriate congressional committees every six months regarding any person who has: (1) provided Iran with refined petroleum resources; (2) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources; or (3) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Free Speech Protection Act of
2008''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The freedom of speech and the press is enshrined in the
        First Amendment to the United States Constitution.
            (2) Free speech, the free exchange of information, and the
        free expression of ideas and opinions are essential to the
        functioning of representative democracy in the United States.
            (3) The free expression and publication by journalists,
        academics, commentators, experts, and others of the information
        they uncover and develop through research and study is
        essential to the formation of sound public policy and thus to
        the security of Americans.
            (4) The First Amendment jurisprudence of the Supreme Court,
        articulated in such precedents as New York Times v. Sullivan,
        376 U.S. 254 (1964), and its progeny, reflects the fundamental
        value that Americans place on promoting the free exchange of
        ideas and information, requiring in cases involving public
        figures a demonstration of actual malice--that is, that
        allegedly defamatory, libelous, or slanderous statements about
        public figures are not merely false but made with knowledge of
        that falsity or with reckless disregard of their truth or
        falsity.
            (5) Some persons are obstructing the free expression rights
        of Americans, and the vital interest of the American people in
        receiving information on matters of public importance, by first
        seeking out foreign jurisdictions that do not provide the full
        extent of free-speech protection that is fundamental in the
        United States and then suing Americans in such jurisdictions in
        defamation actions based on speech uttered or published in the
        United States--speech that is fully protected under First
        Amendment jurisprudence in the United States and the laws of
        the several States and the District of Columbia.
            (6) Some of these actions are intended not only to suppress
        the free speech rights of journalists, academics, commentators,
        experts, and other individuals but to intimidate publishers and
        other organizations that might otherwise disseminate or support
        the work of those individuals with the threat of prohibitive
        foreign lawsuits, litigation expenses, and judgments that
        provide for money damages and other speech-suppressing relief.
            (7) The governments and courts of some foreign countries
        have failed to curtail this practice, permitting lawsuits filed
        by persons who are often not citizens of those countries, under
        circumstances where there is often little or no basis for
        jurisdiction over the Americans against whom such suits are
        brought.
            (8) Some of the plaintiffs bringing such suits are
        intentionally and strategically refraining from filing their
        suits in the United States, even though the speech at issue was
        published in the United States, in order to avoid the Supreme
        Court's First Amendment jurisprudence and frustrate the
        protections it affords Americans.
            (9) The Americans against whom such suits are brought must
        consequently endure the prohibitive expense, inconvenience, and
        anxiety attendant to being sued in foreign courts for conduct
        that is protected by the First Amendment, or decline to answer
        such suits and risk the entry of costly default judgments that
        may be executed in countries other than the United States where
        those individuals travel or own property.
            (10) Journalists, academics, commentators, experts, and
        others subjected to such suits are suffering concrete and
        profound financial and professional damage for engaging in
        conduct that is protected under the United States Constitution
        and essential to informing the American people, their
        representatives, and other policy-makers.
            (11) In turn, the American people are suffering concrete
        and profound harm because they, their representatives, and
        other government policymakers rely on the free expression of
        information, ideas, and opinions developed by responsible
        journalists, academics, commentators, experts, and others for
        the formulation of sound public policy, including national
        security policy.
            (12) The United States respects the sovereign right of
        other countries to enact their own laws regarding speech, and
        seeks only to protect the First Amendment rights of Americans
        in connection with speech that occurs, in whole or in part, in
        the United States.

SEC. 3. FEDERAL CAUSE OF ACTION.

    (a) Cause of Action.--Any United States person against whom a
lawsuit is brought in a foreign country for defamation on the basis of
the content of any writing, utterance, or other speech by that person
that has been published, uttered, or otherwise disseminated in the
United States may bring an action in a United States district court
specified in subsection (f) against any person who, or entity which,
brought the foreign suit if the writing, utterance, or other speech at
issue in the foreign lawsuit does not constitute defamation under
United States law.
    (b) Jurisdiction.--It shall be sufficient to establish jurisdiction
over the person or entity bringing a foreign lawsuit described in
subsection (a) that such person or entity has filed the lawsuit against
a United States person, or that such United States person has assets in
the United States against which the claimant in the foreign action
could execute if a judgment in the foreign lawsuit were awarded.
    (c) Remedies.--
            (1) Order to bar enforcement and other injunctive relief.--
        If the cause of action set forth in subsection (a) is
        established, the district court shall order that any foreign
        judgment in the foreign lawsuit in question may not be enforced
        in the United States, including by any Federal, State, or local
        court, and may order such other injunctive relief that the
        court considers appropriate to protect the right to free speech
        under the First Amendment to the United States Constitution.
            (2) Damages.--In addition to the remedy under paragraph
        (1), damages may be awarded to the United States person
        bringing the action under subsection (a), based on the
        following:
                    (A) The amount of the foreign judgment.
                    (B) The costs, including all legal fees,
                attributable to the foreign lawsuit that have been
                borne by the United States person.
                    (C) The harm caused to the United States person due
                to decreased opportunities to publish, conduct
                research, or generate funding.
    (d) Treble Damages.--If, in an action brought under subsection (a),
the factfinder determines by a preponderance of the evidence that the
person or entity bringing the foreign lawsuit at issue intentionally
engaged in a scheme to suppress First Amendment rights by discouraging
publishers or other media not to publish, or discouraging employers,
contractors, donors, sponsors, or similar financial supporters not to
employ, retain, or support, the research, writing, or other speech of a
journalist, academic, commentator, expert, or other individual, the
factfinder may award treble damages.
    (e) Expedited Discovery.--Upon the filing of an action under
subsection (a), the court may order expedited discovery if the court
determines, based on the allegations in the complaint, that the speech
at issue in the foreign defamation action is protected by the First
Amendment to the United States Constitution.
    (f) Venue.--An action under subsection (a) may be brought by a
United States person only in a United States district court in which
the United States person is domiciled, does business, or owns real
property that could be executed against in satisfaction of a judgment
in the foreign defamation lawsuit giving rise to the action.
    (g) Timing of Action; Statute of Limitations.--
            (1) Timing.--An action under subsection (a) may be
        commenced after the filing of the defamation lawsuit in a
        foreign country on which the action is based.
            (2) Statute of limitations.--For purposes of section
        1658(a) of title 28, United States Code, the cause of action
        under subsection (a) accrues on the date on which the
        defamation lawsuit in a foreign country on which the cause of
        action is based is filed.

SEC. 4. APPLICABILITY.

    This Act applies with respect to any foreign lawsuit that is
described in section 3(a) and is brought in the foreign country
concerned before, on, or after the date of the enactment of this Act.

SEC. 5. CONSTRUCTION.

    Nothing in this Act limits the right of foreign litigants who bring
good faith defamation actions to prevail against journalists,
academics, commentators, and others who have failed to adhere to
standards of professionalism by publishing false information
maliciously or recklessly.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Defamation.--The term ``defamation'' means any action
        for defamation, libel, slander, or similar claim alleging that
        forms of speech are false or have caused damage to reputation.
            (2) Foreign country.--The term ``foreign country'' means
        any country other than the United States.
            (3) Foreign judgment.--The term ``foreign judgment'' means
        any judgment of a foreign country, including the court system
        of a foreign country, that grants or denies any form of relief,
        including injunctive relief and monetary damages, in a
        defamation action.
            (4) United states.--The term ``United States'' means the
        several States, the District of Columbia, and any commonwealth,
        territory, or possession of the United States.
            (5) United states person.--The term ``United States
        person'' includes a United States citizen, an alien lawfully
        admitted for permanent residence to the United States, and a
        business entity lawfully doing business in the United States.

Output:
Free Speech Protection Act of 2008 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law.

Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NATO Expansion Act of 1994''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) On January 10, 1994, the leaders of the NATO member
        nations meeting in Brussels, Belgium, issued an invitation to
        European countries that do not belong to NATO to participate in
        a program of expanded cooperation with NATO called the
        Partnership for Peace.
            (2) In that invitation, the leaders of the NATO member
        nations stated: ``We reaffirm that the Alliance, as provided in
        Article 10 of the Washington Treaty, remains open to the
        membership of other European states in a position to further
        the principles of the Treaty and to contribute to the security
        of the North Atlantic area. We expect and would welcome NATO
        expansion that would reach to democratic states to our East, as
        part of an evolutionary process, taking into account political
        and security developments in the whole of Europe.''.
            (3) The political and economic transformation of the
        formerly communist-ruled countries of Europe has been under way
        since 1989. In establishing a new Strategic Concept for NATO in
        November 1991, the leaders of the NATO member nations observed:
        ``All the countries that were formerly adversaries of NATO have
        dismantled the Warsaw Pact and rejected ideological hostility
        to the West. They have in varying degrees, embraced and begun
        to implement policies aimed at achieving pluralistic democracy,
        the rule of law, respect for human rights and a market
        economy.''.
            (4) In particular, Poland, Hungary, the Czech Republic, and
        Slovakia have made significant progress toward establishing
        democratic institutions, free market economies, civilian
        control of their armed forces, and the rule of law since the
        fall of their previous communist governments.

SEC. 3. SENSE OF THE CONGRESS.

    It is the sense of the Congress that--
            (1) the leaders of the NATO member nations are to be
        commended for reaffirming that NATO membership remains open to
        European countries emerging from communist domination and for
        welcoming eventual expansion of NATO to include such countries;
            (2) Poland, Hungary, the Czech Republic, and Slovakia
        should be in a position to further the principles of the North
        Atlantic Treaty and to contribute to the security of the North
        Atlantic area not later than January 10, 1999, 5 years from the
        date of the establishment of the Partnership for Peace, and, in
        accordance with Article 10 of such Treaty, should be invited to
        become full NATO members not later than that date, provided
        these countries--
                    (A) maintain their progress toward establishing
                democratic institutions, free market economies,
                civilian control of their armed forces, and the rule of
                law; and
                    (B) remain committed to protecting the rights of
                all their citizens and respecting the territorial
                integrity of their neighbors;
            (3) the United States, other NATO member nations, and NATO
        itself should furnish appropriate assistance to facilitate the
        transition of Poland, Hungary, the Czech Republic, and Slovakia
        to full NATO membership not later than January 10, 1999; and
            (4) other European countries emerging from communist
        domination may be in a position at a future date to further the
        principles of the North Atlantic Treaty and to contribute to
        the security of the North Atlantic area, and at the appropriate
        time they should receive assistance to facilitate their
        transition to full NATO membership and should be invited to
        become full NATO members.

SEC. 4. AUTHORITY FOR PROGRAM TO FACILITATE TRANSITION TO NATO
              MEMBERSHIP.

    (a) In General.--The President may establish a program to assist
the transition to full NATO membership of Poland, Hungary, the Czech
Republic, Slovakia, and other European countries emerging from
communist domination designated by the President pursuant to subsection
(e).
    (b) Conduct of Program.--The program established under subsection
(a) shall facilitate the transition to full NATO membership of the
countries described in such subsection by supporting and encouraging,
inter alia--
            (1) joint planning, training, and military exercises with
        NATO forces;
            (2) greater interoperability of military equipment, air
        defense systems, and command, control, and communications
        systems; and
            (3) conformity of military doctrine.
    (c) Type of Assistance.--In carrying out the program established
under subsection (a), the President may provide to the countries
described in such subsection the following types of security
assistance:
            (1) The transfer of excess defense articles under section
        516 of Foreign Assistance Act of 1961, without regard to the
        restrictions in paragraphs (1) through (3) of subsection (a) of
        such section (relating to the eligibility of countries for such
        articles under such section).
            (2) The transfer of nonlethal excess defense articles under
        section 519 of the Foreign Assistance Act of 1961, without
        regard to the restriction in subsection (a) of such section
        (relating to the justification of the foreign military
        financing program for the fiscal year in which a transfer is
        authorized).
            (3) Assistance under chapter 4 of part II of the Foreign
        Assistance Act of 1961 (relating to the Economic Support Fund).
            (4) Assistance under chapter 5 of part II of that Act
        (relating to international military education and training).
            (5) Assistance under section 23 of the Arms Export Control
        Act (relating to the ``Foreign Military Financing Program'').
    (d) Additional assistance.--In addition to the security assistance
provided under subsection (c), the President may, in carrying out the
program established under subsection (a), provide assistance from funds
appropriated after the date of the enactment of this Act under the
following accounts:
            (1) The ``Nonproliferation and Disarmament Fund'' account.
            (2) The ``Countries in Transition'' account.
    (e) Designation of Other European Countries Emerging From Communist
Domination.--The President may designate other European countries
emerging from communist domination to receive assistance under the
program established under subsection (a) if the President determines
and reports to the appropriate congressional committees that such
countries--
            (1) have made significant progress toward establishing
        democratic institutions, a free market economy, civilian
        control of their armed forces, and the rule of law; and
            (2) are likely, within 5 years of such determination, to be
        in a position to further the principles of the North Atlantic
        Treaty and to contribute to the security of the North Atlantic
        area.

SEC. 5. AUTHORIZATION OF STATUS OF FORCES AGREEMENTS.

    The President is authorized to confer, pursuant to agreement with
any country eligible to participate in the Partnership for Peace,
rights in respect of the military and related civilian personnel
(including dependents of any such personnel) and activities of that
country in the United States comparable to the rights conferred by that
country in respect of the military and related civilian personnel
(including dependents of any such personnel) and activities of the
United States in that country.

SEC. 6. REPORTING REQUIREMENT.

    (a) In General.--Not later than 1 year after the date of enactment
of this Act, and at least once every year thereafter, the President
shall submit to the appropriate congressional committees a report on
the implementation of this Act.
    (b) Contents.--Each such report shall include--
            (1) an assessment of the progress made by Poland, Hungary,
        the Czech Republic, Slovakia, and other European countries
        emerging from communist domination designated by the President
        pursuant to section 4(e) toward meeting the standards for NATO
        membership set forth in Article 10 of the North Atlantic
        Treaty, including--
                    (A) an assessment of the progress of such countries
                toward establishing democratic institutions, free
                market economies, civilian control of their armed
                forces, and the rule of law; and
                    (B) the commitment of such countries in protecting
                the rights of all their citizens and respecting the
                territorial integrity of their neighbors;
            (2) a description of all assistance provided under the
        program established under section 4, or otherwise provided by
        the United States Government to facilitate the transition to
        full NATO membership of Poland, Hungary, the Czech Republic,
        Slovakia, and other European countries emerging from communist
        domination designated by the President pursuant to section
        4(e);
            (3) a description of all assistance provided by other NATO
        member nations or NATO itself to facilitate the transition to
        full NATO membership of Poland, Hungary, the Czech Republic,
        Slovakia, and other European countries emerging from communist
        domination designated by the President pursuant to section
        4(e); and
            (4) a description of any agreement entered into pursuant to
        section 5.

SEC. 7. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Foreign Affairs, the Committee on Armed Services, and the
        Committee on Appropriations of the House of Representatives and
        the Committee on Foreign Relations, the Committee on Armed
        Services, and the Committee on Appropriations of the Senate.
            (2) NATO.--The term ``NATO'' means the North Atlantic
        Treaty Organization.
            (3) Other european countries emerging from communist
        domination.--The term ``other European countries emerging from
        communist domination'' means--
                    (A) any member of the Conference on Security and
                Cooperation in Europe located--
                            (i) in the territory of the former Union of
                        Soviet Socialist Republics; or
                            (ii) in the territory of the former
                        Socialist Federal Republic of Yugoslavia; or
                    (B) Estonia, Latvia, Lithuania, Romania, Bulgaria,
                or Albania.

Output:
NATO Expansion Act of 1994 - Expresses the sense of the Congress with respect to NATO membership of Poland, Hungary, the Czech Republic, and Slovakia.
Authorizes the President to establish a program to assist the transition to full NATO membership for Poland, Hungary, the Czech Republic, Slovakia, and other European countries emerging from communist domination designated pursuant to this Act.
Permits the President to provide specified security assistance to such countries, including excess defense articles, economic support fund assistance, international military education and training, and foreign military financing.  Authorizes the President to provide additional assistance from the Nonproliferation and Disarmament Fund and Countries in Transition accounts.   Permits the President to designate other European countries emerging from communist domination to receive assistance under this Act if he reports to the appropriate congressional committees that such countries:  (1) have made significant progress toward establishing democratic institutions, free market economies, civilian control of their armed forces, and the rule of law; and (2) are likely to be in a position to further the principles of the North Atlantic Treaty and to contribute to the security of the North Atlantic area.
Authorizes the President to confer, pursuant to agreement with any country eligible to participate in the Partnership for Peace, rights with respect to the military and related civilian personnel and activities of that country in the United States comparable to those conferred by that country with respect to the United States.


Input:
SECTION 1. SHORT TITLE AND PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Reduce Unnecessary
Spending Act of 2010''.
    (b) Purpose.--The purpose of this Act is to create an optional
fast-track procedure the President may use when submitting rescission
requests, which would lead to an up-or-down vote by Congress on the
President's package of rescissions, without amendment.

SEC. 2. RESCISSIONS OF FUNDING.

    The Impoundment Control Act of 1974 is amended by striking part C
and inserting the following:

       ``PART C--EXPEDITED CONSIDERATION OF PROPOSED RESCISSIONS

``SEC. 1021. APPLICABILITY AND DISCLAIMER.

    ``The rules, procedures, requirements, and definitions in this part
apply only to executive and legislative actions explicitly taken under
this part. They do not apply to actions taken under part B or to other
executive and legislative actions not taken under this part.

``SEC. 1022. DEFINITIONS.

    ``In this part:
            ``(1) The terms `appropriations Act', `budget authority',
        and `new budget authority' have the same meanings as in section
        3 of the Congressional Budget Act of 1974.
            ``(2) The terms `account', `current year', `CBO', and `OMB'
        have the same meanings as in section 250 of the Balanced Budget
        and Emergency Deficit Control Act of 1985 as in effect on
        September 30, 2002.
            ``(3) The term `days of session' shall be calculated by
        excluding weekends and national holidays. Any day during which
        a chamber of Congress is not in session shall not be counted as
        a day of session of that chamber. Any day during which neither
        chamber is in session shall not be counted as a day of session
        of Congress.
            ``(4) The term `entitlement law' means the statutory
        mandate or requirement of the United States to incur a
        financial obligation unless that obligation is explicitly
        conditioned on the appropriation in subsequent legislation of
        sufficient funds for that purpose, and the Supplemental
        Nutrition Assistance Program.
            ``(5) The term `funding' refers to new budget authority and
        obligation limits except to the extent that the funding is
        provided for entitlement law.
            ``(6) The term `rescind' means to eliminate or reduce the
        amount of enacted funding.
            ``(7) The terms `withhold' and `withholding' apply to any
        executive action or inaction that precludes the obligation of
        funding at a time when it would otherwise have been available
        to an agency for obligation. The terms do not include
        administrative or preparatory actions undertaken prior to
        obligation in the normal course of implementing budget laws.

``SEC. 1023. TIMING AND PACKAGING OF RESCISSION REQUESTS.

    ``(a) Timing.--If the President proposes that Congress rescind
funding under the procedures in this part, OMB shall transmit a message
to Congress containing the information specified in section 1024, and
the message transmitting the proposal shall be sent to Congress not
later than 45 calendar days after the date of enactment of the funding.
    ``(b) Packaging and Transmittal of Requested Rescissions.--Except
as provided in subsection (c), for each piece of legislation that
provides funding, the President shall request at most 1 package of
rescissions and the rescissions in that package shall apply only to
funding contained in that legislation. OMB shall deliver each message
requesting a package of rescissions to the Secretary of the Senate if
the Senate is not in session and to the Clerk of the House of
Representatives if the House is not in session. OMB shall make a copy
of the transmittal message publicly available, and shall publish in the
Federal Register a notice of the message and information on how it can
be obtained.
    ``(c) Special Packaging Rules.--After enactment of--
            ``(1) a joint resolution making continuing appropriations;
            ``(2) a supplemental appropriations bill; or
            ``(3) an omnibus appropriations bill;
covering some or all of the activities customarily funded in more than
1 regular appropriations bill, the President may propose as many as 2
packages rescinding funding contained in that legislation, each within
the 45-day period specified in subsection (a). OMB shall not include
the same rescission in both packages, and, if the President requests
the rescission of more than one discrete amount of funding under the
jurisdiction of a single subcommittee, OMB shall include each of those
discrete amounts in the same package.

``SEC. 1024. REQUESTS TO RESCIND FUNDING.

    ``For each request to rescind funding under this part, the
transmittal message shall--
            ``(1) specify--
                    ``(A) the dollar amount to be rescinded;
                    ``(B) the agency, bureau, and account from which
                the rescission shall occur;
                    ``(C) the program, project, or activity within the
                account (if applicable) from which the rescission shall
                occur;
                    ``(D) the amount of funding, if any, that would
                remain for the account, program, project, or activity
                if the rescission request is enacted; and
                    ``(E) the reasons the President requests the
                rescission;
            ``(2) designate each separate rescission request by number;
        and
            ``(3) include proposed legislative language to accomplish
        the requested rescissions which may not include--
                    ``(A) any changes in existing law, other than the
                rescission of funding; or
                    ``(B) any supplemental appropriations, transfers,
                or reprogrammings.

``SEC. 1025. GRANTS OF AND LIMITATIONS ON PRESIDENTIAL AUTHORITY.

    ``(a) Presidential Authority To Withhold Funding.--Notwithstanding
any other provision of law and if the President proposes a rescission
of funding under this part, OMB may, subject to the time limits
provided in subsection (c), temporarily withhold that funding from
obligation.
    ``(b) Expedited Procedures Available Only Once Per Bill.--The
President may not invoke the procedures of this part, or the authority
to withhold funding granted by subsection (a), on more than 1 occasion
for any Act providing funding.
    ``(c) Time Limits.--OMB shall make available for obligation any
funding withheld under subsection (a) on the earliest of--
            ``(1) the day on which the President determines that the
        continued withholding or reduction no longer advances the
        purpose of legislative consideration of the rescission request;
            ``(2) starting from the day on which OMB transmitted a
        message to Congress requesting the rescission of funding, 25
        calendar days in which the House of Representatives has been in
        session or 25 calendar days in which the Senate has been in
        session, whichever occurs second; or
            ``(3) the last day after which the obligation of the
        funding in question can no longer be fully accomplished in a
        prudent manner before its expiration.
    ``(d) Deficit Reduction.--
            ``(1) In general.--Funds that are rescinded under this part
        shall be dedicated only to reducing the deficit or increasing
        the surplus.
            ``(2) Adjustment of levels in the concurrent resolution on
        the budget.--Not later than 5 days after the date of enactment
        of an approval bill as provided under this part, the chairs of
        the Committees on the Budget of the Senate and the House of
        Representatives shall revise allocations and aggregates and
        other appropriate levels under the appropriate concurrent
        resolution on the budget to reflect the repeal or cancellation,
        and the applicable committees shall report revised
        suballocations pursuant to section 302(b), as appropriate.

``SEC. 1026. CONGRESSIONAL CONSIDERATION OF RESCISSION REQUESTS.

    ``(a) Preparation of Legislation To Consider a Package of Expedited
Rescission Requests.--
            ``(1) In general.--If the House of Representatives receives
        a package of expedited rescission requests, the Clerk shall
        prepare a House bill that only rescinds the amounts requested
        which shall read as follows:
            ```There are enacted the rescissions numbered [insert
        number or numbers] as set forth in the Presidential message of
        [insert date] transmitted under part C of the Impoundment
        Control Act of 1974 as amended.'
            ``(2) Exclusion procedure.--The Clerk shall include in the
        bill each numbered rescission request listed in the
        Presidential package in question, except that the Clerk shall
        omit a numbered rescission request if the Chairman of the
        Committee on the Budget of the House, after consulting with the
        Chairman of the Committee on the Budget of the Senate, CBO,
        GAO, and the House and Senate committees that have jurisdiction
        over the funding, determines that the numbered rescission does
        not refer to funding or includes matter not permitted under a
        request to rescind funding.
    ``(b) Introduction and Referral of Legislation To Enact a Package
of Expedited Rescissions.--The majority leader or the minority leader
of the House or Representatives, or a designee, shall (by request)
introduce each bill prepared under subsection (a) not later than 4 days
of session of the House after its transmittal, or, if no such bill is
introduced within that period, any member of the House may introduce
the required bill in the required form on the fifth or sixth day of
session of the House after its transmittal. If such an expedited
rescission bill is introduced in accordance with the preceding
sentence, it shall be referred to the House committee of jurisdiction.
A copy of the introduced House bill shall be transmitted to the
Secretary of the Senate, who shall provide it to the Senate committee
of jurisdiction.
    ``(c) House Report and Consideration of Legislation To Enact a
Package of Expedited Rescissions.--The House committee of jurisdiction
shall report without amendment the bill referred to it under subsection
(b) not more than 5 days of session of the House after the referral.
The committee may order the bill reported favorably, unfavorably, or
without recommendation. If the committee has not reported the bill by
the end of the 5-day period, the committee shall be automatically
discharged from further consideration of the bill and it shall be
placed on the appropriate calendar.
    ``(d) House Motion To Proceed.--
            ``(1) In general.--After a bill to enact an expedited
        rescission package has been reported or the committee of
        jurisdiction has been discharged under subsection (c), it shall
        be in order to move to proceed to consider the bill in the
        House. A Member who wishes to move to proceed to consideration
        of the bill shall announce that fact, and the motion to proceed
        shall be in order only during a time designated by the Speaker
        within the legislative schedule for the next calendar day of
        legislative session or the one immediately following it.
            ``(2) Failure to set time.--If the Speaker does not
        designate a time under paragraph (1), 3 or more calendar days
        of legislative session after the bill has been reported or
        discharged, it shall be in order for any Member to move to
        proceed to consider the bill.
            ``(3) Procedure.--A motion to proceed under this subsection
        shall not be in order after the House has disposed of a prior
        motion to proceed with respect to that package of expedited
        rescissions. The previous question shall be considered as
        ordered on the motion to proceed, without intervening motion. A
        motion to reconsider the vote by which the motion to proceed
        has been disposed of shall not be in order.
            ``(4) Removal from calendar.--If 5 calendar days of
        legislative session have passed since the bill was reported or
        discharged under this subsection and no Member has made a
        motion to proceed, the bill shall be removed from the calendar.
    ``(e) House Consideration.--
            ``(1) Considered as read.--A bill consisting of a package
        of rescissions under this part shall be considered as read.
            ``(2) Points of order.--All points of order against the
        bill are waived, except that a point of order may be made that
        1 or more numbered rescissions included in the bill would enact
        language containing matter not requested by the President or
        not permitted under this part as part of that package. If the
        Presiding Officer sustains such a point of order, the numbered
        rescission or rescissions that would enact such language are
        deemed to be automatically stripped from the bill and
        consideration proceeds on the bill as modified.
            ``(3) Previous question.--The previous question shall be
        considered as ordered on the bill to its passage without
        intervening motion, except that 4 hours of debate equally
        divided and controlled by a proponent and an opponent are
        allowed, as well as 1 motion to further limit debate on the
        bill.
            ``(4) Motion to reconsider.--A motion to reconsider the
        vote on passage of the bill shall not be in order.
    ``(f) Senate Consideration.--
            ``(1) Referral.--If the House of Representatives approves a
        House bill enacting a package of rescissions, that bill as
        passed by the House shall be sent to the Senate and referred to
        the Senate committee of jurisdiction.
            ``(2) Committee action.--The committee of jurisdiction
        shall report without amendment the bill referred to it under
        this subsection not later than 3 days of session of the Senate
        after the referral. The committee may order the bill reported
        favorably, unfavorably, or without recommendation.
            ``(3) Discharge.--If the committee has not reported the
        bill by the end of the 3-day period, the committee shall be
        automatically discharged from further consideration of the bill
        and it shall be placed on the appropriate calendar.
            ``(4) Motion to proceed.--On the following day and for 3
        subsequent calendar days in which the Senate is in session, it
        shall be in order for any Senator to move to proceed to
        consider the bill in the Senate. Upon such a motion being made,
        it shall be deemed to have been agreed to and the motion to
        reconsider shall be deemed to have been laid on the table.
            ``(5) Debate.--Debate on the bill in the Senate under this
        subsection, and all debatable motions and appeals in connection
        therewith, shall not exceed 10 hours, equally divided and
        controlled in the usual form. Debate in the Senate on any
        debatable motion or appeal in connection with such a bill shall
        be limited to not more than 1 hour, to be equally divided and
        controlled in the usual form. A motion to further limit debate
        on such a bill is not debatable.
            ``(6) Motions not in order.--A motion to amend such a bill
        or strike a provision from it is not in order. A motion to
        recommit such a bill is not in order.
    ``(g) Senate Point of Order.--It shall not be in order under this
part for the Senate to consider a bill approved by the House enacting a
package of rescissions under this part if any numbered rescission in
the bill would enact matter not requested by the President or not
permitted under this Act as part of that package. If a point of order
under this subsection is sustained, the bill may not be considered
under this part.''.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Contents.--Section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by striking the matter
for part C of title X and inserting the following:

       ``PART C--Expedited Consideration of Proposed Rescissions

``Sec. 1021. Applicability and disclaimer.
``Sec. 1022. Definitions.
``Sec. 1023. Timing and packaging of rescission requests.
``Sec. 1024. Requests to rescind funding.
``Sec. 1025. Grants of and limitations on presidential authority.
``Sec. 1026. Congressional consideration of rescission requests.''.
    (b) Temporary Withholding.--Section 1013(c) of the Impoundment
Control Act of 1974 is amended by striking ``section 1012'' and
inserting ``section 1012 or section 1025''.
    (c) Rulemaking.--
            (1) 904(a).--Section 904(a) of the Congressional Budget Act
        of 1974 is amended by striking ``and 1017'' and inserting
        ``1017, and 1026''.
            (2) 904(d)(1).--Section 904(d)(1) of the Congressional
        Budget Act of 1974 is amended by striking ``1017'' and
        inserting ``1017 or 1026''.

SEC. 4. AMENDMENTS TO PART A OF THE IMPOUNDMENT CONTROL ACT.

    (a) In General.--Part A of the Impoundment Control Act of 1974 is
amended by inserting at the end the following:

``SEC. 1002. SEVERABILITY.

    ``If the judicial branch of the United States finally determines
that 1 or more of the provisions of parts B or C violate the
Constitution of the United States, the remaining provisions of those
parts shall continue in effect.''.
    (b) Table of Contents.--Section 1(b) of the Congressional Budget
and Impoundment Control Act of 1974 is amended by inserting at the end
of the matter for part A of title X the following:

``Sec. 1002. Severability.''.

SEC. 5. EXPIRATION.

    Part C of the Impoundment Control Act of 1974 (as amended by this
Act) shall expire on December 31, 2014.

Output:
Reduce Unnecessary Spending Act of 2010 - Amends the Impoundment Control Act of 1974 to require the Office of Management and Budget (OMB) to transmit, within 45 calendar days after enactment of the funding in question, a message to Congress with specified information requesting any rescission the President proposes under the procedures in this Act.

Prescribes requirements for timing and packaging of rescission requests.

Authorizes OMB, subject to a specified time limit, to withhold funding from obligation temporarily if the President proposes a rescission.

Prohibits the President from invoking such expedited procedures or such authority to withhold funding on more than one occasion for any Act providing funding.

Sets forth procedures for expedited congressional consideration of proposed rescissions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``ED 1.0 Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Access to technology can improve grade and test
        averages, graduation rates, and retention rates, in addition to
        increasing the number of graduates in science and technology
        disciplines.
            (2) Minority-serving institutions historically have an
        important role in reaching an underserved population, and
        minority-serving institutions in economically disadvantaged
        areas face particular hardships in acquiring funds to sustain
        and expand their technological resources.
            (3) Low-income areas are technologically underserved.
            (4) Congress and the technological community should do all
        they can to find new and creative ways to bridge the current
        technology gap.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the National Telecommunications and
        Information Administration.
            (2) Eligible educational institution.--The term ``eligible
        educational institution'' means an institution that is--
                    (A) a historically Black college or university;
                    (B) a Hispanic-serving institution as that term is
                defined in section 502(a)(5) of the Higher Education
                Act of 1965 (20 U.S.C. 1101a(a)(5));
                    (C) a tribally controlled college or university as
                that term is defined in section 2(a)(4) of the Tribally
                Controlled College or University Assistance Act of 1978
                (25 U.S.C. 1801(a)(4));
                    (D) an Alaska Native-serving institution as that
                term is defined in section 317(b)(2) of the Higher
                Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or
                    (E) a Native Hawaiian-serving institution as that
                term is defined in section 317(b)(4) of the Higher
                Education Act of 1965 (20 U.S.C. 1059d(b)(4)).
            (3) Historically black college or university.--The term
        ``historically Black college or university'' means a part B
        institution as that term is defined in section 322(2) of the
        Higher Education Act of 1965 (20 U.S.C. 1061(2)).

SEC. 4. MINORITY ONLINE DEGREE PILOT PROGRAM.

    (a) Pilot Program Established.--
            (1) In general.--There is established within the National
        Telecommunications and Information Administration a pilot
        program under which the Administrator shall award 4 grants to
        eligible educational institutions to enable the eligible
        educational institutions to develop digital and wireless
        networks for online educational programs of study within the
        eligible educational institutions.
            (2) Grant number, duration, and amount.--
                    (A) Number.--The Administrator shall award a total
                of 4 grants under this section.
                    (B) Duration.--Each grant under this section shall
                be awarded for a period of 6 years.
                    (C) Annual grant payment amounts.--The
                Administrator shall make grant payments under this
                section in the amount of--
                            (i) $1,000,000 for the first fiscal year of
                        a grant awarded under this section;
                            (ii) $600,000 for each of the second
                        through fifth such fiscal years; and
                            (iii) $100,000 for the sixth such fiscal
                        year.
    (b) Priority.--
            (1) In general.--In awarding grants under this section the
        Administrator shall give priority to an eligible educational
        institution that, according to the most recent data available
        (including data available from the Bureau of the Census),
        serves a county--
                    (A) in which 50 percent of the residents of the
                county are members of a racial or ethnic minority;
                    (B) in which less than 18 percent of the residents
                of the county have obtained a baccalaureate degree or a
                higher education;
                    (C) that has an unemployment rate of 7 percent or
                greater;
                    (D) in which 19 percent or more of the residents of
                the county live in poverty;
                    (E) that has a negative population growth rate; or
                    (F) that has a median family income of $32,000.
            (2) Highest priority.--In awarding grants under this
        section the Administrator shall give the highest priority to an
        eligible educational institution that meets the greatest number
        of requirements described in subparagraphs (A) through (F) of
        paragraph (1).
    (c) Use of Funds.--An eligible educational institution receiving a
grant under this section may use the grant funds--
            (1) to acquire equipment, instrumentation, networking
        capability, hardware, software, digital network technology,
        wireless technology, or wireless infrastructure;
            (2) to develop and provide educational services, including
        faculty development; or
            (3) to develop strategic plans for information technology
        investments.
    (d) Matching Not Required.--The Administrator shall not require an
eligible educational institution to provide matching funds for a grant
awarded under this section.
    (e) Report.--Not later than November 1 of each year, the
Administrator shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and Commerce
of the House of Representatives, a report evaluating the progress,
during the preceding fiscal year, of the pilot program assisted under
this section.
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to
        carry out this section--
                    (A) $4,500,000 for fiscal year 2008;
                    (B) $2,400,000 for each of the fiscal years 2009
                through 2012; and
                    (C) $500,000 for fiscal year 2013.
            (2) Availability.--Funds appropriated under paragraph (1)
        shall remain available until expended.
    (g) Limitation on Use of Other Funds.--The Administrator shall
carry out this section only with amounts appropriated in advance
specifically to carry out this section.

Output:
ED 1.0 Act - Establishes a pilot program requiring the Administrator of the National Telecommunications and Information Administration to award six-year grants to four minority-serving educational institutions, enabling them to develop digital and wireless networks for online programs of study within the institutions.

Gives grant priority to institutions serving counties: (1) that meet specified criteria of economic depression; (2) less than 18% of whose residents have a higher education; and (3) at least half of whose residents are minorities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Corporate Tax Fairness and
Shareholder Rights Act of 2003''.

SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES
              INCOME TAX.

    (a) In General.--Paragraph (4) of section 7701(a) of the Internal
Revenue Code of 1986 (defining domestic) is amended to read as follows:
            ``(4) Domestic.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), the term `domestic' when applied to a
                corporation or partnership means created or organized
                in the United States or under the law of the United
                States or of any State unless, in the case of a
                partnership, the Secretary provides otherwise by
                regulations.
                    ``(B) Certain corporations treated as domestic.--
                            ``(i) In general.--The acquiring
                        corporation in a corporate expatriation
                        transaction shall be treated as a domestic
                        corporation.
                            ``(ii) Corporate expatriation
                        transaction.--For purposes of this
                        subparagraph, the term `corporate expatriation
                        transaction' means any transaction if--
                                    ``(I) a nominally foreign
                                corporation (referred to in this
                                subparagraph as the `acquiring
                                corporation') acquires, as a result of
                                such transaction, directly or
                                indirectly substantially all of the
                                properties held directly or indirectly
                                by a domestic corporation, and
                                    ``(II) immediately after the
                                transaction, more than 80 percent of
                                the stock (by vote or value) of the
                                acquiring corporation is held by former
                                shareholders of the domestic
                                corporation by reason of holding stock
                                in the domestic corporation.
                            ``(iii) Lower stock ownership requirement
                        in certain cases.--Subclause (II) of clause
                        (ii) shall be applied by substituting `50
                        percent' for `80 percent' with respect to any
                        nominally foreign corporation if--
                                    ``(I) such corporation does not
                                have substantial business activities
                                (when compared to the total business
                                activities of the expanded affiliated
                                group) in the foreign country in which
                                or under the law of which the
                                corporation is created or organized,
                                and
                                    ``(II) the stock of the corporation
                                is publicly traded and the principal
                                market for the public trading of such
                                stock is in the United States.
                            ``(iv) Partnership transactions.--The term
                        `corporate expatriation transaction' includes
                        any transaction if--
                                    ``(I) a nominally foreign
                                corporation (referred to in this
                                subparagraph as the `acquiring
                                corporation') acquires, as a result of
                                such transaction, directly or
                                indirectly properties constituting a
                                trade or business of a domestic
                                partnership,
                                    ``(II) immediately after the
                                transaction, more than 80 percent of
                                the stock (by vote or value) of the
                                acquiring corporation is held by former
                                partners of the domestic partnership or
                                related foreign partnerships
                                (determined without regard to stock of
                                the acquiring corporation which is sold
                                in a public offering related to the
                                transaction), and
                                    ``(III) the acquiring corporation
                                meets the requirements of subclauses
                                (I) and (II) of clause (iii).
                            ``(v) Special rules.--For purposes of this
                        subparagraph--
                                    ``(I) a series of related
                                transactions shall be treated as 1
                                transaction, and
                                    ``(II) stock held by members of the
                                expanded affiliated group which
                                includes the acquiring corporation
                                shall not be taken into account in
                                determining ownership.
                            ``(vi) Other definitions.--For purposes of
                        this subparagraph--
                                    ``(I) Nominally foreign
                                corporation.--The term `nominally
                                foreign corporation' means any
                                corporation which would (but for this
                                subparagraph) be treated as a foreign
                                corporation.
                                    ``(II) Expanded affiliated group.--
                                The term `expanded affiliated group'
                                means an affiliated group (as defined
                                in section 1504(a) without regard to
                                section 1504(b)).
                                    ``(III) Related foreign
                                partnership.--A foreign partnership is
                                related to a domestic partnership if
                                they are under common control (within
                                the meaning of section 482), or they
                                shared the same trademark or
                                tradename.''.
    (b) Effective Dates.--
            (1) In general.--The amendment made by this section shall
        apply to corporate expatriation transactions completed after
        September 11, 2001.
            (2) Special rule.--The amendment made by this section shall
        also apply to corporate expatriation transactions completed
        after December 31, 1996, and before September 11, 2001, but
        only with respect to taxable years of the acquiring corporation
        beginning after December 31, 2003.

SEC. 3. DISCLOSURE OF CORPORATE EXPATRIATION TRANSACTIONS.

    (a) In General.--Section 14 of the Securities Exchange Act of 1934
(15 U.S.C. 78n) is amended by adding at the end the following new
subsection:
    ``(i) Proxy Solicitations in Connection With Corporate Expatriation
Transactions.--
            ``(1) Disclosure to shareholders of effects of corporate
        expatriation transaction.--The Commission shall, by rule,
        require that each domestic issuer shall prominently disclose,
        as a separate and distinct document accompanying each proxy
        statement relating to a corporate expatriation transaction--
                    ``(A) the number of employees of the domestic
                issuer that would be located in the new foreign
                jurisdiction of incorporation or organization of that
                issuer upon completion of the corporate expatriation
                transaction;
                    ``(B) the percentage of the total assets of the
                domestic issuer that would be located within the new
                foreign jurisdiction of incorporation or organization
                of that issuer upon completion of the corporate
                expatriation transaction;
                    ``(C) how the rights of holders of the securities
                of the domestic issuer would be impacted by a completed
                corporate expatriation transaction;
                    ``(D) that as a result of a completed corporate
                expatriation transaction, any taxable holder of the
securities of the domestic issuer shall be subject to the taxation of
any capital gains realized with respect to such securities; and
                    ``(E) the estimated tax benefit that would be
                realized by the domestic issuer upon completion of the
                corporate expatriation transaction.
            ``(2) Disclosure to commission of results of vote.--Upon
        the approval of any corporate expatriation transaction by the
        holders of the securities of a domestic issuer, that issuer
        shall provide to the Commission, in a form and manner to be
        determined by the Commission, information as to how each holder
        of record of a voting security of that domestic issuer (or a
        proxy there for) voted with respect to the corporate
        expatriation transaction.
            ``(3) Definitions.--In this subsection, the following
        definitions shall apply:
                    ``(A) Corporate expatriation transaction.--The term
                `corporate expatriation transaction' means any
                transaction, or series of related transactions, in
                which an entity organized under the laws of a foreign
                country acquires, directly or indirectly, substantially
                all of the voting securities in, or substantially all
                of the assets of, a domestic issuer, and--
                            ``(i) immediately after completion of the
                        transaction, more than 80 percent of the
                        securities (by vote or value) of the acquiring
                        foreign entity will be held by persons that
                        were security holders of the domestic issuer
                        immediately prior to the transaction; or
                            ``(ii) immediately after completion of the
                        transaction, more than 50 percent of the
                        securities (by vote or value) of the acquiring
                        foreign entity will be held by persons that
                        were security holders of the domestic issuer
                        immediately prior to the transaction, and--
                                    ``(I) such foreign entity will not
                                have substantial business activities in
                                the foreign country in which it is
                                organized; and
                                    ``(II) the securities of the
                                foreign entity will be publicly traded,
                                and the principal market for the public
                                trading of such securities will be in
                                the United States.
                    ``(B) Domestic issuer.--The term `domestic issuer'
                means an issuer created or organized in the United
                States or under the law of the United States or of any
                State.''.
    (b) Effective Date.--Section 14(i) of the Securities Exchange Act
of 1934 (as added by this section) shall apply with respect to
corporate expatriation transactions (as defined in that section 14(i))
proposed on and after the date of enactment of this Act.

SEC. 4. MODIFICATIONS TO EXPENSING UNDER SECTION 179.

    (a) Increase of Amount Which May Be Expensed.--
            (1) In general.--Paragraph (1) of section 179(b) of the
        Internal Revenue Code of 1986 (relating to dollar limitation)
        is amended to read as follows:
            ``(1) Dollar limitation.--The aggregate cost which may be
        taken into account under subsection (a) for any taxable year
        shall not exceed $75,000 ($25,000 in the case of taxable years
        beginning after December 31, 2007).''.
            (2) Increase in phaseout threshold.--Paragraph (2) of
        section 179(b) of such Code is amended by striking ``$200,000''
        and inserting ``$325,000 ($200,000 in the case of taxable years
        beginning after December 31, 2007)''.
    (b) Effective Date.--The amendments made by this section shall
apply to property placed in service in taxable years beginning after
December 31, 2002.

Output: Corporate Tax Fairness and Shareholder Rights Act of 2003 - Amends the Internal Revenue Code (IRC) by determining that acquiring corporations in"corporate expatriation transactions" shall be considered domestic corporations. Defines a "corporate expatriation transaction" as, with certain exceptions, one in which a "nominally foreign corporation" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring "nominally foreign corporation" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the "expanded affiliated group" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms "nominally foreign corporation" and "expanded affiliated group."Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.Amends the Securities Act of 1934 to require: (1) disclosure to shareholders, and effects of, corporate expatriation transaction; and (2) disclosure to the SEC of the approval of any corporate expatriate transaction.Amends the IRC to temporarily (through 2007) increase the expensing limit and phaseout threshold.


Input:
SECTION 1. STANDARDIZATION OF WITHDRAWAL OPTIONS FOR THRIFT SAVINGS
              PLAN PARTICIPANTS.

    (a) Participation in the Thrift Savings Plan.--Section 8351(b) of
title 5, United States Code, is amended--
            (1) by amending paragraph (4) to read as follows:
            ``(4) Section 8433(b) of this title applies to any employee
        or Member who elects to make contributions to the Thrift
        Savings Fund under subsection (a) of this section and separates
        from Government employment.'';
            (2) by striking out paragraphs (5), (6), and (8);
            (3) by redesignating paragraphs (7), (9), and (10) as
        paragraphs (5), (6), and (7), respectively;
            (4) in paragraph (5)(C) (as redesignated under paragraph
        (3) of this subsection) by striking out ``or former spouse'' in
        both places it appears;
            (5) by amending paragraph (6) (as redesignated under
        paragraph (3) of this subsection) to read as follows:
            ``(6) Notwithstanding paragraph (4), if an employee or
        Member separates from Government employment and such employee's
        or Member's nonforfeitable account balance is $3,500 or less,
        the Executive Director shall pay the nonforfeitable account
        balance to the participant in a single payment unless the
        employee or Member elects, at such time and otherwise in such
        manner as the Executive Director prescribes, one of the options
        available under section 8433(b) of this title.''; and
            (6) in paragraph (7) (as redesignated under paragraph (3)
        of this subsection) by striking out ``nonforfeiture'' and
        inserting in lieu thereof ``nonforfeitable''.
    (b) Benefits and Election of Benefits.--Section 8433 of title 5,
United States Code, is amended--
            (1) in subsection (b) by striking out the matter before
        paragraph (1) and inserting in lieu thereof ``Subject to
        section 8435 of this title, any employee or Member who
        separates from Government employment entitled to an annuity
        under subchapter II of this chapter or any employee or Member
        who separates from Government employment is entitled and may
        elect--'';
            (2) by striking out subsections (c) and (d) and
        redesignating subsections (e), (f), (g), (h), and (i) as
        subsections (c), (d), (e), (f), and (g), respectively;
            (3) in subsection (c)(1) (as redesignated under paragraph
        (2) of this subsection) by striking out ``or (c)(4) or required
        under subsection (d) directly to an eligible retirement plan or
        plans) (as defined in section 402(a)(5)(E) of the Internal
        Revenue Code of 1954)'' and inserting in lieu thereof
        ``directly to an eligible retirement plan or plans (as defined
        in section 402(c)(8) of the Internal Revenue Code of 1986)'';
            (4) in subsection (d)(2) (as redesignated under paragraph
        (2) of this subsection) by striking out ``or (c)(2)''; and
            (5) in subsection (f) (as redesignated under paragraph (2)
        of this subsection)--
                    (A) by striking out paragraph (1) and redesignating
                paragraphs (2) and (3) as paragraphs (1) and (2),
                respectively; and
                    (B) in paragraph (1) (as redesignated under
                subparagraph (A) of this paragraph)--
                            (i) by striking out ``Notwithstanding
                        subsections (b) and (c), if an employee or
                        Member separates from Government employment
                        under circumstances making such an employee or
                        Member eligible to make an election under
                        either of those subsections, and such
                        employee's or Member's'' and inserting in lieu
                        thereof ``Notwithstanding subsection (b), if an
                        employee or Member separates from Government
                        employment, and such employee's or Member's'';
                        and
                            (ii) by striking out ``or (c), as
                        applicable''; and
                    (C) in paragraph (2) (as redesignated under
                subparagraph (A) of this paragraph) by striking out
                ``paragraphs (1) and (2)'' and inserting in lieu
                thereof ``paragraph (1)''.
    (c) Annuities: Methods of Payment; Election; Purchase.--Section
8434(c) of title 5, United States Code, is amended to read as follows:
    ``(c) Notwithstanding an elimination of a method of payment by the
Board an employee, Member, former employee, or former Member may elect
the eliminated method if the elimination of such method became
effective less than 5 years before the date on which the annuity
commences.''.
    (d) Protections for Spouses and Former Spouses.--Section 8435 of
title 5, United States Code, is amended--
            (1) in subsection (a)(1)(A) by striking out ``subsection
        (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title
        or change an election previously made under subsection (b)(1),
        (b)(2), (c)(1), or (c)(2)'' and inserting in lieu thereof
        ``subsection (b)(3) or (b)(4) of section 8433 of this title or
        change an election previously made under subsection (b)(1) or
        (b)(2)'';
            (2) by striking out subsection (b);
            (3) by redesignating subsections (c), (d), (e), (f), (g),
        (h), and (i) as subsections (b), (c), (d), (e), (f), (g), and
        (h), respectively;
            (4) in subsection (b) (as redesignated under paragraph (3)
        of this subsection) by amending paragraph (2) to read as
        follows:
            ``(2) Paragraph (1) shall not apply, if--
                    ``(A) a joint waiver of such method is made, in
                writing, by the employee or Member and the spouse; or
                    ``(B) the employee or Member waives such method, in
                writing, after establishing to the satisfaction of the
                Executive Director that circumstances described under
                subsection (a)(2) (A) or (B) make the requirement of a
                joint waiver inappropriate.''; and
            (5) in subsection (c)(1) (as redesignated under paragraph
        (3) of this subsection) by striking out ``and a transfer may
        not be made under section 8433(d) of this title''.
    (e) Justices and Judges.--Section 8440a(b) of title 5, United
States Code, is amended--
            (1) in paragraph (5) by striking out ``Section 8433(d)''
        and inserting in lieu thereof ``Section 8433(b)''; and
            (2) by striking out paragraphs (7) and (8) and inserting in
        lieu thereof the following:
            ``(7) Notwithstanding paragraphs (4) and (5), if any
        justice or judge retires under subsection (a) or (b) of section
        371 or section 372(a) of title 28, or resigns without having
        met the age and service requirements set forth under section
        371(c) of title 28, and such justice's or judge's
        nonforfeitable account balance is $3,500 or less, the Executive
        Director shall pay the nonforfeitable account balance to the
        participant in a single payment unless the justice or judge
        elects, at such time and otherwise in such manner as the
        Executive Director prescribes, one of the options available
        under section 8433(b).''.
    (f) Bankruptcy Judges and Magistrates.--Section 8440b of title 5,
United States Code, is amended--
            (1) in subsection (b)(4) by amending subparagraph (B) to
        read as follows:
                    ``(B) Section 8433(b) of this title applies to any
                bankruptcy judge or magistrate who elects to make
                contributions to the Thrift Savings Fund under
                subsection (a) of this section and who retires before
                attaining age 65 but is entitled, upon attaining age
                65, to an annuity under section 377 of title 28 or
                section 2(c) of the Retirement and Survivors Annuities
                for Bankruptcy Judges and Magistrates Act of 1988.'';
            (2) in subsection (b)(4)(C) by striking out ``Section
        8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';
            (3) in subsection (b)(5) by striking out ``retirement under
        section 377 of title 28 is'' and inserting in lieu thereof
        ``any of the actions described under paragraph (4) (A), (B), or
        (C) shall be considered'';
            (4) in subsection (b) by striking out paragraph (8) and
        redesignating paragraph (9) as paragraph (8); and
            (5) in paragraph (8) of subsection (b) (as redesignated
        under paragraph (4) of this subsection)--
                    (A) by striking out ``Notwithstanding subparagraphs
                (A) and (B) of paragraph (4), if any bankruptcy judge
                or magistrate retires under circumstances making such
                bankruptcy judge or magistrate eligible to make an
                election under subsection (b) or (c)'' and inserting in
                lieu thereof ``Notwithstanding paragraph (4), if any
                bankruptcy judge or magistrate retires under
                circumstances making such bankruptcy judge or
                magistrate eligible to make an election under
                subsection (b)''; and
                    (B) by striking out ``and (c), as applicable''.
    (g) Claims Court Judges.--Section 8440c of title 5, United States
Code, is amended--
            (1) in subsection (b)(4)(B) by striking out ``Section
        8433(d)'' and inserting in lieu thereof ``Section 8433(b)'';
            (2) in subsection (b)(5) by striking out ``retirement under
        section 178 of title 28, is'' and inserting in lieu thereof
        ``any of the actions described in paragraph (4) (A) or (B)
        shall be considered'';
            (3) in subsection (b) by striking out paragraph (8) and
        redesignating paragraph (9) as paragraph (8); and
            (4) in paragraph (8) (as redesignated under paragraph (3)
        of this subsection) by striking out ``Notwithstanding paragraph
        (4)(A)'' and inserting in lieu thereof ``Notwithstanding
        paragraph (4)''.
    (h) Judges of the United States Court of Veterans Appeals.--Section
8440d(b)(5) of title 5, United States Code, is amended by striking out
``A transfer shall be made as provided under section 8433(d) of this
title'' and inserting in lieu thereof ``Section 8433(b) of this title
applies''.
    (i) Technical and Conforming Amendments.--Chapters 83 and 84 of
title 5, United States Code, are amended--
            (1) in section 8351(b)(5)(B) (as redesignated under
        subsection (a)(3) of this section) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
            (2) in section 8351(b)(5)(D) (as redesignated under
        subsection (a)(3) of this section) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
            (3) in section 8433(b)(4) by striking out ``subsection
        (e)'' and inserting in lieu thereof ``subsection (c)'';
            (4) in section 8433(d)(1) (as redesignated under subsection
        (b)(2) of this section) by striking out ``(d) of section 8435''
        and inserting in lieu thereof ``(c) of section 8435'';
            (5) in section 8433(d)(2) (as redesignated under subsection
        (b)(2) of this section) by striking out ``section 8435(d)'' and
        inserting in lieu thereof ``section 8435(c)'';
            (6) in section 8433(e) (as redesignated under subsection
        (b)(2) of this section) by striking out ``section 8435(d)(2)''
        and inserting in lieu thereof ``section 8435(c)(2)'';
            (7) in section 8433(g)(5) (as redesignated under subsection
        (b)(2) of this section) by striking out ``section 8435(f)'' and
        inserting in lieu thereof ``section 8435(e)'';
            (8) in section 8434(b) by striking out ``section 8435(c)''
        and inserting in lieu thereof ``section 8435(b)'';
            (9) in section 8435(a)(1)(B) by striking out ``subsection
        (c)'' and inserting in lieu thereof ``subsection (b)'';
            (10) in section 8435(d)(1)(B) (as redesignated under
        subsection (d)(3) of this section) by striking out ``subsection
        (d)(2)'' and inserting in lieu thereof ``subsection (c)(2)'';
            (11) in section 8435(d)(3)(A) (as redesignated under
        subsection (d)(3) of this section) by striking out ``subsection
        (c)(1)'' and inserting in lieu thereof ``subsection (b)(1)'';
            (12) in section 8435(d)(6) (as redesignated under
        subsection (d)(3) of this section) by striking out ``or
        (c)(2)'' and inserting in lieu thereof ``or (b)(2)'';
            (13) in section 8435(e)(1)(A) (as redesignated under
        subsection (d)(3) of this section) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
            (14) in section 8435(e)(2) (as redesignated under
        subsection (d)(3) of this section) by striking out ``section
        8433(i) of this title shall not be approved if approval would
        have the result described in subsection (d)(1)'' and inserting
        in lieu thereof ``section 8433(g) of this title shall not be
        approved if approval would have the result described under
        subsection (c)(1)'';
            (15) in section 8435(g) (as redesignated under subsection
        (d)(3) of this section) by striking out ``section 8433(i)'' and
        inserting in lieu thereof ``section 8433(g)'';
            (16) in section 8437(c)(5) by striking out ``section
        8433(i)'' and inserting in lieu thereof ``section 8433(g)'';
        and
            (17) in section 8440a(b)(6) by striking out ``section
        8351(b)(7)'' and inserting in lieu thereof ``section
        8351(b)(5)''.
    (j) Interim Provision.--Section 8433(d) of title 5, United States
Code, is amended by striking out ``shall transfer the amount of the
balance'' and inserting in lieu thereof ``may transfer the amount of
the balance''.
    (k) Effective Dates.--(1) Except as provided in paragraph (2), the
provisions of this section shall take effect 1 year after the date of
enactment of this Act or upon such other date as the Executive Director
of the Federal Retirement Thrift Investment Board shall provide in
regulation.
    (2) The provisions of subsection (j) of this section shall take
effect upon the date of the enactment of this Act.

            Passed the Senate November 24 (legislative day, November
      23), 1993.

            Attest:

                                             WALTER J. STEWART,

                                                             Secretary.

Output: Revises the Thrift Savings Plan (TSP), with changes providing separating TSP participants with the same options for withdrawal.