Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Market Based Manufacturing
Incentives Act of 2011''.

SEC. 2. CREDIT FOR RETAIL PURCHASE OF CERTAIN DOMESTIC PRODUCTS.

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

``SEC. 30E. DOMESTIC MANUFACTURING CONSUMER CREDIT.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for any taxable year an amount
equal to the applicable percentage of the aggregate amount paid or
incurred by the taxpayer for specified products during any portion such
taxable year which is part of the eligible period.
    ``(b) Applicable Percentage; Eligible Period.--For purposes of this
section--
            ``(1) Applicable percentage.--The term `applicable
        percentage' means, with respect to any specified product, the
        percentage (not less than 5 percent nor more than 20 percent)
        determined by the Commission under subsection (e)(4) with
        respect to such product.
            ``(2) Eligible period.--The term `eligible period' means,
        with respect to any specified product, the period (not less
        than 5 years nor more than 10 years) determined by the
        Commission under subsection (e)(5) with respect to such
        product.
            ``(3) Separate application to each specified product.--
        Subsection (a) shall be applied separately with respect to each
        of the specified products designated under subsection (e).
    ``(c) Specified Product.--For purposes of this section--
            ``(1) In general.--The term `specified product' means any
        designated domestic product--
                    ``(A) the original use of which commences with the
                taxpayer, and
                    ``(B) which is acquired by the taxpayer for use or
                lease, but not for resale.
            ``(2) Designated domestic product.--The term `designated
        domestic product' means any designated product which has been
        certified by the Secretary as--
                    ``(A) having been assembled in the United States,
                and
                    ``(B) consisting at least 60 percent of components
                assembled or otherwise arising in the United States.
            ``(3) Designated product.--The term `designated product'
        means the 10 products designated by the Secretary, in
        consultation with the Commission, under subsection (e).
    ``(d) Application With Other Credits.--
            ``(1) Business credit treated as part of general business
        credit.--So much of the credit which would be allowed under
        subsection (a) for any taxable year (determined without regard
        to this subsection) that is attributable to property used by
        the taxpayer in the conduct of a trade or business shall be
        treated as a credit listed in section 38(b) for such taxable
        year (and not allowed under subsection (a)).
            ``(2) Personal credit.--For purposes of this title, the
        credit allowed under subsection (a) for any taxable year
        (determined after application of paragraph (1)) shall be
        treated as a credit allowable under subpart A for such taxable
        year.
    ``(e) Selection of Designated Products.--
            ``(1) In general.--The Secretary, in consultation with the
        Commission, shall designate 10 products for purposes of this
        section.
            ``(2) Eligible products.--A product shall not be eligible
        for designation under this section unless--
                    ``(A) such product represents a technological
                innovation, and
                    ``(B) the designation of such product has the
                potential to produce substantial long-term job
                opportunities in the United States.
            ``(3) Criteria for designation.--In making designations of
        products under this subsection, the Secretary shall take into
        consideration--
                    ``(A) the number of jobs in the United States that
                the Secretary estimates will result (directly and
                indirectly) from the designation of such product, and
                    ``(B) the speed with which such jobs are likely to
                be created.
            ``(4) Determination of credit percentage.--The Secretary,
        in consultation with the Commission, shall determine the
        applicable percentage which applies for purposes of subsection
        (a) with respect to each product designated under this
        subsection. Such percentage shall not be less than 5 percent
        and shall not be more than 20 percent. Such percentage shall be
        determined on the basis of the incentive needed with respect to
        each such product taking into account the market factors with
        respect to such product.
            ``(5) Determination of period during which credit
        allowed.--The Secretary, in consultation with the Commission,
        shall determine the eligible period which applies for purposes
        of subsection (a) with respect to each product designated under
        this subsection. Such period shall not be less than 5 years and
        shall not be more than 10 years. Such period shall be
        determined on the basis of the incentive needed with respect to
        each such product taking into account the market factors with
        respect to such product.
    ``(f) Other Definitions and Special Rules.--For purposes of this
section--
            ``(1) Commission.--The term `Commission' means the 21st
        Century American Manufacturing Commission established under
        section 3 of the Market Based Manufacturing Incentives Act of
        2011.
            ``(2) Reduction in basis.--For purposes of this subtitle,
        the basis of any property for which a credit is allowable under
        subsection (a) shall be reduced by the amount of such credit so
        allowed (determined without regard to subsection (d)).
            ``(3) No double benefit.--The amount of any deduction or
        other credit allowable under this chapter with respect to any
        property shall be reduced by the amount of the credit allowed
        under subsection (a) for such property (determined without
        regard to subsection (d)).
            ``(4) Property used by tax-exempt entity.--In the case of
        property whose use is described in paragraph (3) or (4) of
        section 50(b) and which is not subject to a lease, the person
        who sold such property to the person or entity using such
        property shall be treated as the taxpayer that placed such
        vehicle in service, but only if such person clearly discloses
        to such person or entity in a document the amount of any credit
        allowable under subsection (a) with respect to such property
        (determined without regard to subsection (d)). For purposes of
        subsection (d), property to which this paragraph applies shall
        be treated as property used by the taxpayer in the conduct of a
        trade or business.
            ``(5) Property used outside united states, etc., not
        qualified.--No credit shall be allowable under subsection (a)
        with respect to any property referred to in section 50(b)(1).
            ``(6) Recapture.--The Secretary shall, by regulations,
        provide for recapturing the benefit of any credit allowable
        under subsection (a) with respect to any property which ceases
        to be property eligible for such credit (including recapture in
        the case of a lease period of less than the economic life of
        the property).
            ``(7) Election to not take credit.--No credit shall be
        allowed under subsection (a) for any vehicle if the taxpayer
        elects to not have this section apply to such property.
    ``(g) Termination.--This section shall not apply to property
acquired after the date which is 10 years after the date of the
enactment of this section.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended by striking
        ``plus'' at the end of paragraph (35), by striking the period
        at the end of paragraph (36) and inserting ``, plus'', and by
        adding at the end the following new paragraph:
            ``(37) the portion of the domestic manufacturing consumer
        credit to which section 30E(d)(1) applies.''.
            (2) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (36), by striking the period at
        the end of paragraph (37) and inserting ``, and'', and by
        adding at the end the following new paragraph:
            ``(38) to the extent provided in section 30E(f)(2).''.
            (3) Section 6501(m) of such Code is amended by inserting
        ``30E(f)(7),'' after ``30D(e)(4),''.
            (4) The table of sections for subpart B of part IV of
        subchapter A of chapter 1 of such Code is amended by adding at
        the end the following new item:

``Sec. 30E. Domestic manufacturing consumer credit.''.
    (c) GAO Report.--The Government Accountability Office shall, during
the 3d, 5th, and 7th years after the effective date of the domestic
manufacturing consumer credit (described in subsection (d)), report to
Congress on the economic effects of such credit. Such report shall
include the aggregate value of the domestic manufacturing consumer
credits determined with respect to taxpayers under section 30E of the
Internal Revenue Code of 1986 and an estimate of the economic activity
stimulated by such credits.
    (d) Effective Date.--The amendments made by this section shall
apply to property acquired after the date which is 1 year after the
date on which the 21st Century American Manufacturing Commission makes
its recommendations to the Secretary of the Treasury under section 3(b)
of this Act.

SEC. 3. ESTABLISHMENT OF 21ST CENTURY AMERICAN MANUFACTURING
              COMMISSION.

    (a) In General.--There is established a commission to be known as
the 21st Century American Manufacturing Commission.
    (b) Duties.--The Commission shall conduct research regarding
appropriate products to make eligible for the tax credit provided by
section 30E of the Internal Revenue Code of 1986 and shall make
recommendations to the Secretary of the Treasury regarding which
products should be designated for purposes of such section and the
applicable percentage and eligible period which should be determined
with respect to each such product. The commission shall make such
recommendations to the Secretary of the Treasury not later than 6
months after the date of the enactment of this Act.
    (c) Membership.--
            (1) In general.--The Commission shall be composed of 10
        members who shall be appointed by the Secretary of the Treasury
        or his designee not later than 30 days after the enactment of
        this Act.
            (2) Political affiliation.--Not more than 5 members may be
        of the same political party.
            (3) Terms.--Each member shall be appointed for the life of
        the Commission.
            (4) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made.
            (5) Pay of members.--
                    (A) In general.--Members shall each be entitled to
                receive the daily equivalent of the maximum annual rate
                of basic pay for grade GS-11 of the General Schedule
                for each day (including travel time) during which they
                are engaged in the actual performance of duties vested
                in the Commission.
                    (B) Travel expenses.--Each member shall receive
                travel expenses, including per diem in lieu of
                subsistence, in accordance with applicable provisions
                under subchapter I of chapter 57 of title 5, United
                States Code.
            (6) Prevention of conflict of interest.--
                    (A) Agreement.--The Secretary of the Treasury shall
                not appoint any individual to be a member of the
                Commission unless such individual has first sign an
                agreement with the Secretary to prevent conflicts of
                interest. Such agreement shall include a requirement
                that the individual comply with the provisions of
                subparagraph (B) and shall include such penalties for
                failure to so comply as the Secretary determines
                appropriate.
                    (B) Requirements.--A member of the Commission shall
                not, during the 5-year period beginning on the
                effective date of the domestic manufacturing consumer
                credit (described in section 2(d)), hold, directly or
                indirectly, any interest in any person associated with
                any designated product, any component of any designated
                product, or any equipment to manufacture any such
                product or component. An interest held in any fund held
                by such member shall be taken into account under the
                preceding sentence unless such fund is a broad-based
                index fund. Any interest held by such member prior to
                the beginning of such 5-year period which is not
                (consistent with the requirements of this subparagraph)
                permitted to be held during such period, shall be
                disposed of prior to such period.
    (d) Chairperson.--The Chairperson of the Commission shall be
designated by the Secretary of the Treasury (or his designee) at the
time of appointment.
    (e) Staff.--Any staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and General
Schedule pay rates.
    (f) Termination.--
            (1) In general.--Except as provided in paragraph (2), the
        Commission shall terminate 30 days after making recommendations
        to the Secretary of the Treasury described in subsection (b).
            (2) Extension.--At the request of the Secretary of the
        Treasury or his designee, the Commission shall continue in
        existence for such period at the Secretary may request but not
        later than 1 year after making such recommendations.

Output:
Market Based Manufacturing Incentives Act of 2011 - Amends the Internal Revenue Code to allow a tax credit for the purchase (during a specified period of between 5 and 10 years based on the incentive needed with respect to each product) of new products certified as assembled in the United States and consisting of at least 60% of components assembled or otherwise arising in the United States.

Establishes the 21st Century American Manufacturing Commission to conduct research to designate products eligible for the tax credit allowed by this Act.


Input:
SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Classroom Safety Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
            (1) the violence within elementary and secondary schools
        across the Nation has increased dramatically during the past
        decade;
            (2) the despair, brought about by poverty and
        disenfranchisement, that affect millions of youth in cities
        across the Nation is entering schools;
            (3) almost 3,000,000 crimes occur on or near school
        campuses every year, 16,000 per school day or one every 6
        seconds;
            (4) one fourth of major urban school districts now use
        metal detectors;
            (5) 20 percent of teachers in schools have reported being
        threatened with violence by a student;
            (6) greater efforts are needed for counseling and training
        for teachers in potentially hostile school environments to
        avert violence in schools;
            (7) schools are being asked to take on too many
        responsibilities that society as a whole has neglected forcing
        teachers to referee fights rather than teach;
            (8) teachers' unions are staging walk-outs to protest the
        violence which denies interested students the opportunity to
        learn;
            (9) local educational agencies and cities are already
        financially devastated and need an infusion of Federal funds to
        help fight violence in schools; and
            (10) local educational agencies should not have to withdraw
        funds and resources intended for books, computers, and
        teachers, to help pay for an increased need for safety
        mechanisms in schools.
    (b) Purposes.--The purpose of this Act is to provide assistance to
local educational agencies for the prevention and reduction of violent
crime in schools throughout the Nation.

SEC. 3. GRANT AUTHORIZATION.

    (a) In General.--The Secretary of Education is authorized to make
grants to local educational agencies to provide assistance to such
agencies most directly affected by crime and violence.
    (b) Model Project.--The Secretary shall develop a model for
classroom safety written in English and Spanish in a timely fashion and
make such model available to any local educational agency that requests
such information.

SEC. 4. USE OF FUNDS.

    Grants made by the Secretary under this Act shall be used--
            (1) to fund anticrime and safety measures and to develop
        education and training programs for the prevention of crime,
        violence, and illegal use of drugs and alcohol;
            (2) for counseling programs for victims and witnesses of
        crime in schools;
            (3) to develop programs for conflict resolution and peer
        mediation counseling for students, teachers, and other
        personnel in regular contact with students at school;
            (4) to purchase crime prevention equipment, including metal
        detectors and video-surveillance devices; and
            (5) for the prevention and reduction of the participation
        of students in organized crime and drug and gang-related
        activities in schools.

SEC. 5. APPLICATIONS.

    (a) In General.--In order to be eligible to receive a grant under
this Act for any fiscal year, a local educational agency shall submit
an application to the Secretary in such form and containing such
information as the Secretary may reasonably require.
    (b) Requirements.--Each application under subsection (a) shall
include--
            (1) a request for funds for the purposes described in
        section 4;
            (2) a description of the schools and communities to be
        served by the grant, including the nature of the crime and
        violence problems within such schools;
            (3) assurances that Federal funds received under this Act
        shall be used to supplement, not supplant, non-Federal funds
        that would otherwise be available for activities funded under
        this Act; and
            (4) statistical information in such form and containing
        such information that the Secretary may require regarding crime
        within the schools served by such local educational agency.
    (c) Comprehensive Plan.--Each application shall include a
comprehensive plan that shall contain--
            (1) a description of the crime problems within the schools
        targeted for assistance;
            (2) a description of the projects to be developed;
            (3) a description of the resources available in the
        community to implement the plan together with a description of
        the gaps in the plan that cannot be filled with existing
        resources;
            (4) an explanation of how the requested grant will be used
        to fill gaps;
            (5) a description of the system the applicant will
        establish to prevent and reduce crime problems; and
            (6) a description of educational materials to be developed
        in Spanish.

SEC. 6. ALLOCATION OF FUNDS; LIMITATIONS ON GRANTS.

    (a) Administrative Cost Limitation.--The Secretary shall use not
more than 5 percent of the funds available under this Act for the
purposes of administration and technical assistance.
    (b) Renewal of Grants.--A grant under this Act may be renewed for
up to 2 additional years after the first fiscal year during which the
recipient receives an initial grant under this Act, subject to the
availability of funds, if--
            (1) the Secretary determines that the funds made available
        to the recipient during the previous year were used in a manner
        required under the approved application; and
            (2) the Secretary determines that an additional grant is
        necessary to implement the crime prevention program described
        in the comprehensive plan as required by section 5(c).

SEC. 7. AWARD OF GRANTS.

    (a) Selection of Recipients.--The Secretary shall consider the
following factors in awarding grants to local educational agencies:
            (1) Crime problem.--The nature and scope of the crime
        problem in the targeted schools.
            (2) Need and ability.--Demonstrated need and evidence of
        the ability to provide the services described in the plan
        required under section 5(c).
            (3) Population.--The number of students to be served by the
        plan required under section 5(c).
    (b) Geographic Distribution.--The Secretary shall attempt, to the
extent practicable, to achieve an equitable geographic distribution of
grant awards.

SEC. 8. REPORTS.

    (a) Report.--Local educational agencies that receive funds under
this Act shall submit to the Secretary a report not later than March 1
of each year that describes progress achieved in carrying out the plan
required under section 5(c).
    (b) Report to Congress.--The Secretary shall submit to the Congress
a report by October 1 of each year in which grants are made available
under this Act which shall contain a detailed statement regarding grant
awards, activities of grant recipients, a compilation of statistical
information submitted by applicants under 5(b)(4), and an evaluation of
programs established under this Act.

SEC. 9. DEFINITIONS.

    For the purpose of this Act:
            (1) The term `local educational agency' has the same
        meaning given such term under section 1471(12) of the
        Elementary and Secondary Education Act of 1965.
            (2) The term `Secretary' means the Secretary of Education.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $100,000,000 for fiscal
year 1993 and such sums as may be necessary for each of the fiscal
years 1994 through 1999 to carry out the projects under this Act.

Output:
Classroom Safety Act of 1993 - Authorizes the Secretary of Education to make grants to assist local educational agencies (LEAs) in reducing and preventing violent crime in elementary and secondary schools.
Directs the Secretary to develop a model for classroom safety written in English and Spanish and make it available to any LEA upon request.
Requires the grants to be used for programs of:  (1) anticrime and safety measures, and prevention education and training; (2) counseling for victims and witnesses; (3) conflict resolution and peer mediation; (4) purchasing crime prevention equipment; and (5) preventing and reducing student participation in organized crime and drug and gang-related activities in schools.
Requires grant applications to include comprehensive plans.
Bases selection of recipients upon crime problem, need and ability, and student population (and equitable geographic distribution, if practicable).
Requires annual reports.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unfair Foreign Competition Act of
2007''.

SEC. 2. JUDICIAL DETERMINATION OF INJURY.

    (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) is amended by adding at the end the following new
subtitle:

             ``Subtitle E--Judicial Determination of Injury

``SEC. 791. CIVIL ACTION.

    ``(a) Injury Determination.--Notwithstanding any other provision of
this title, in an antidumping or countervailing duty investigation
initiated under section 702 or 732, a petitioning party, may, not later
than 30 days after the date an investigation is initiated under such
sections, elect to bring a civil action in a United States district
court, for a determination that--
            ``(1) an industry in the United States--
                    ``(A) is materially injured, or
                    ``(B) is threatened with material injury, or
            ``(2) the establishment of an industry in the United States
        is materially retarded,
by reason of imports, or sales (or the likelihood of sales) for
importation, of the merchandise subject to the investigation, and that
imports of the subject merchandise are not negligible.
    ``(b) Five-Year Reviews.--Not later than 30 days after a 5-year
review of an antidumping or countervailing duty order is initiated
under section 751(c), a party, who was a petitioning party in the
initial investigation that resulted in the antidumping or
countervailing duty order, may bring a civil action in a United States
district court for a determination of whether revocation of the
antidumping or countervailing duty order or termination of the
investigation suspended under section 704 or 734 would likely lead to
continuation or recurrence of material injury based on the standards
set forth in section 752.
    ``(c) Effect of Election; Relief.--
            ``(1) Effect of election.--
                    ``(A) In general.--An election under subsection (a)
                or (b) of this section shall be for a determination by
                the district court in lieu of a determination by the
                Commission under section 703(a), section 733(a),
                section 705(b), section 735(b), or chapter 1 of
                subtitle C, as the case may be.
                    ``(B) Commission to compile record.--If an election
                is made under this subtitle, the Commission shall
                conduct an investigation and compile evidence with
                respect to the petition in the same manner and to the
                same extent under this title as if an election had not
                been made. Any information compiled by the Commission
                shall be made available to the parties to the
                proceeding and furnished to the district court in a
                timely manner.
                    ``(C) Notification by the administering authority
                and commission.--If an election is made under this
                subtitle, any notification the administering authority
                is required to provide the Commission under this title
                shall be provided to the district court and any
                notification the Commission is required to provide the
                administering authority shall be provided to the
                district court.
            ``(2) Relief.--
                    ``(A) In general.--In an action brought under
                subsection (a) or (b), the district court shall apply
                the same standards and make the same determinations and
                findings, that would be made by the Commission under
                this title if an election had not been made.
                    ``(B) Findings and conclusions.--The court shall
                issue findings of fact and conclusions of law and any
                order issued by the court shall have the same effect as
                a determination of the Commission under this title.
            ``(3) Special rules.--The following rules shall apply to
        actions initiated under subsection (a) or (b):
                    ``(A) Appeal.--An order issued by a United States
                district court under this title shall be appealable to
                a United States Court of Appeals.
                    ``(B) Order not stayed.--An order issued under this
                section shall not be stayed pending appeal to a United
                States Court of Appeals.
                    ``(C) Precedential effect of decisions of the
                international trade commission.--The decisions of the
                Commission in other investigations initiated under this
                title shall not be binding on the court.
                    ``(D) Hearings.--The court shall provide a
                petitioning party and any interested party an
                opportunity to file briefs and argue orally to the
                court based on the information compiled by the
                Commission.
                    ``(E) Attendance by defendant.--There shall be no
                obligation on any defendant interested party to attend
                a meeting or hearing, and failure to do so shall not be
                prejudicial to that party's case.
                    ``(F) Default judgments.--The failure of an
                interested party, described in subparagraph (A) or (B)
                of section 771(9), to intervene in an action initiated
                under this section or otherwise to participate in the
                proceedings shall not result in judgment by default.
                    ``(G) Venue.--A civil action under this section may
                be brought in a judicial district where a manufacturing
                facility, sales office, or administrative headquarters
                of any plaintiff who is a petitioning party is located.
    ``(d) Service of Process.--Within 5 days of filing an action under
subsection (a) or (b), the filing party shall notify all known
interested parties described in subparagraphs (A) and (B) of section
771(9). Such notice shall include--
            ``(1) a copy of the complaint; and
            ``(2) notice that the party is entitled to participate in
        the proceedings pursuant to subsection (e) of this section.
    ``(e) Intervention as of Right.--Any interested party described in
subparagraphs (A) and (B) of section 771(9) shall be entitled to
intervene in an action initiated under this section.
    ``(f) Preliminary Relief.--
            ``(1) In general.--In an action brought under subsection
        (a), the court shall, upon motion, issue a preliminary order
        that contains a determination of whether there is a reasonable
        indication that an industry in the United States is materially
        injured, or is threatened with material injury, or the
        establishment of an industry in the United States is materially
        retarded, by reason of imports of the subject merchandise and
        that imports of the subject merchandise are not negligible. The
        order shall include a description of the essential facts under
        consideration which form the basis of the decision.
            ``(2) Effect of order.--An order making an affirmative
        determination under paragraph (1) shall have the same effect as
        an affirmative preliminary determination by the Commission
        under section 703(a) or 733(a).
            ``(3) Timing.--The court shall make a preliminary
        determination under this subsection within 45 days after a
        complaint has been filed.
    ``(g) Expedited Action.--
            ``(1) In general.--An action brought under subsection (a)
        or (b) shall be advanced on the docket and expedited in every
        way practicable.
            ``(2) Final determination in subsection (a) cases.--The
        court shall make a final determination regarding material
        injury in an action filed under subsection (a) before the later
        of--
                    ``(A) the 120th day after the date on which the
                administering authority makes an affirmative
                preliminary determination under section 703(b) or
                733(b); or
                    ``(B) the 45th day after the day on which the
                administering authority makes an affirmative final
                determination under section 705(a) or 735(a).
            ``(3) Final determination in five-year reviews.--The court
        shall make a final determination regarding the likelihood of
        continuation or recurrence of material injury under subsection
        (b) before the later of--
                    ``(A) the 360th day after the date on which the
                review is initiated under section 751(c)(2); or
                    ``(B) the 120th day after the date on which the
                final determination of the administering authority is
                published.
            ``(4) Extraordinarily complicated cases.--If the court
        concludes that a case is extraordinarily complicated, as
        defined in section 703(c) or 733(c), the court may extend the
        time under paragraphs (2) or (3) by an additional 30 days.
    ``(h) Protection of Confidential Information.--The court shall make
arrangements to protect the confidentiality of information designated
as proprietary by an interested party pursuant to a judicial protective
order.''.
    (b) Changed Circumstances Reviews.--Section 751(b) of the Tariff
Act of 1930 (19 U.S.C. 1675(b)) is amended by adding at the end the
following:
            ``(5) Certain cases to be filed in united states district
        court.--If the injury determination at issue was initially made
        by a United States district court, the court shall retain
        jurisdiction over the injury determination for purposes of this
        section. Any party seeking revocation of an order or
        termination of a suspended investigation shall seek review in
        the district court that made the original injury determination
        under section 791.''.
    (c) Clerical Amendment.--The table of contents for title VII of the
Tariff Act of 1930 is amended by inserting after the item relating to
section 783 the following:

             ``Subtitle E--Judicial Determination of Injury

``Sec. 791. Civil action.''.
    (d) Conforming Amendment.--Section 516A of the Tariff Act of 1930
(19 U.S.C. 1516a) is amended by striking ``Within 30 days'' and
inserting ``Except in the case where an interested party makes an
election under subtitle E of title VII for a judicial determination of
injury, within 30 days''.
    (e) Effective Date.--The amendments made by this section apply to--
            (1) countervailing duty investigations initiated under
        section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or
        after the date of the enactment of this Act;
            (2) antidumping duty investigations initiated under section
        732 of the Tariff Act of 1930 (19 U.S.C. 1673a) on or after the
        date of the enactment of this Act; and
            (3) reviews initiated under section 751 of the Tariff Act
        of 1930 (19 U.S.C. 1675) on or after the date of the enactment
        of this Act.

SEC. 3. APPLICATION TO CANADA AND MEXICO.

    Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico.

SEC. 4. NOTIFICATION TO WORLD TRADE ORGANIZATION.

    Not later than 30 days after the date of the enactment of this Act,
pursuant to the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994 and the Agreement on
Subsidies and Countervailing Measures, the Secretary of State shall
notify the appropriate officials of the World Trade Organization of the
amendments made by this Act and that the United States district courts
shall be treated as competent authorities for purposes of injury
determinations under title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.).

Output:
Unfair Foreign Competition Act of 2007 - Amends the Tariff Act of 1930 to authorize a petitioning party, in an antidumping or countervailing duty investigation, to elect, within 30 days after the investigation has started, to bring a civil action in a U.S. district court for determination that a U.S. industry is materially injured or is threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise subject to the investigation, and that imports of the subject merchandise are not negligible.

Authorizes such a petitioning party, within 30 days after a five-year review of an antidumping or countervailing duty order is initiated, to bring a civil action in a U.S. district court for determination of whether revocation of the antidumping or countervailing duty order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury.

Provides for preliminary relief and expedited action.

Applies this Act to goods from Canada and Mexico.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Liability Reform Act''.

SEC. 2. HEALTH CARE LIABILITY REFORM.

    (a) Punitive Damages.--
            (1) Award.--Punitive damages may, to the extent permitted
        by applicable State law, be awarded against a manufacturer or
        product seller in a civil action if the claimant establishes by
        clear and convincing evidence that the harm suffered was the
        result of conduct manifesting actual malice.
            (2) Drugs and devices.--The manufacturer of a prescription
        drug or device and a health care provider shall not be subject
        to punitive damages with respect to harm caused by a drug or
        device if the drug or device was approved under the Federal
        Food, Drug, and Cosmetic Act unless--
                    (A) the manufacturer withholds from the Food and
                Drug Administration, or
                    (B) the health care provider withholds from a
                patient,
        information which is relevant to the performance of the drug or
        device and causally related to the harm suffered by the
        plaintiff.
            (3) Limitation on amount.--The amount of punitive damages
        that may be awarded for a claim in any civil action shall not
        exceed 3 times the amount awarded to the claimant for the
        economic injury on which such claim is based, or $250,000,
        whichever is greater.
    (b) Several Liability for Noneconomic Damages.--In any action, the
liability of each manufacturer or product seller of the product
involved in such action shall be several only and shall not be joint
for noneconomic damages. Such manufacturer or product seller shall be
liable only for the amount of noneconomic damages allocated to such
manufacturer or seller in direct proportion to such manufacturer's or
such seller's percentage of responsibility as determined by the trier
of fact.
    (c) Definitions.--As used in this section:
            (1) Claimant.--The term ``claimant'' means any person who
        brings a product liability action and any person on whose
        behalf such an action is brought, including such person's
        decedent if such an action is brought through or on behalf of
        an estate or such person's legal representative if it is
        brought through or on behalf of a minor or incompetent.
            (2) Malice.--The term ``malice'' means conduct that is
        either--
                    (A) specifically intended to cause serious personal
                injury, or
                    (B) carried out with both a flagrant indifference
                to the rights of the claimant and an awareness that
                such conduct is likely to result in serious personal
                injury.
            (3) Manufacturer.--With respect to a product, the term
        ``manufacturer'' means--
                    (A) any person who is engaged in a business to
                produce, create, make, or construct the product and who
                designs or formulates the product or has engaged
                another person to design or formulate the product,
                    (B) a product seller of the product who, before
                placing the product in the stream of commerce--
                            (i) designs or formulates or has engaged
                        another person to design or formulate an aspect
                        of the product after the product was initially
                        made by another, and
                            (ii) produces, creates, makes, or
                        constructs such aspect of the product, or
                    (C) any product seller not described in
                subparagraph (B) which holds itself out as a
                manufacturer to the user of the product,
            (4) Product.--The term ``product''--
                    (A) means any object, substance, mixture, or raw
                material in a gaseous, liquid, or solid state--
                            (i) which is capable of delivery itself, in
                        a mixed or combined state, or as a component
                        part or ingredient,
                            (ii) which is produced for introduction
                        into trade or commerce,
                            (iii) which has intrinsic economic value,
                        and
                            (iv) which is intended for sale or lease to
                        persons for commercial or personal use, and
                    (B) does not include--
                            (i) human tissue, human organs, human
                        blood, and human blood products, or
                            (ii) electricity, water delivered by a
                        utility, natural gas, or steam,
            (5) Product seller.--The term ``product seller''--
                    (A) means a person--
                            (i) who sells, distributes, leases,
                        prepares, blends, packages, or labels a product
                        or is otherwise involved in placing a product
                        in the stream of commerce, or
                            (ii) who installs, repairs, or maintains
                        the harm-causing aspect of a product, and
                    (B) does not include--
                            (i) a manufacturer,
                            (ii) a seller or lessor of real property,
                            (iii) a provider of professional services
                        in any case in which the sale or use of a
                        product is incidental to the transaction and
                        the essence of the transaction is the
                        furnishing of judgment, skill, or services,
                            (iv) any person who acts only in a
                        financial capacity with respect to the sale of
                        a product, or
                            (v) any person who leases a product under a
                        lease arrangement in which the selection,
                        possession, maintenance, and operation of the
                        product are controlled by a person other than
                        the lessor.

SEC. 3. PREEMPTION.

    This Act preempts State law, with respect to both procedural and
substantive measures, to the extent that such law--
            (1) permits the recovery of a greater amount of punitive
        damages by a plaintiff than that authorized by section 2(a)(3);
        or
            (2) permits an action for joint liability for noneconomic
        damages against a manufacturer or product seller of a product
        involved in the action, which action is prohibited by section
        2(b).
Any issue that is not governed by this Act shall be governed by
otherwise applicable State or Federal law.

Output: Prohibits the manufacturer of a prescription drug or device and a health care provider from being subject to punitive damages with respect to harm caused by a drug or device if the drug or device was approved under the Federal Food, Drug, and Cosmetic Act unless: (1)the manufacturer withholds from the Food and Drug Administration; or (2) the health care provider withholds from a patient, information which is relevant to the performance of the drug or device and causally related to the harm suffered by the plaintiff.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unshackling Students to Lead, Excel,
Act, Develop, and Serve Act of 2012'' or the ``U.S. LEADS Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Outstanding student loan debt will reach one trillion
        dollars this year.
            (2) In 2008, two-thirds of students graduating with a
        bachelor's degree had outstanding student loan debt.
            (3) In 2010, the average debt owed by college graduates
        paying off student loans was $24,000.
            (4) Of all students who graduated with a 4-year degree in
        2009, only 55.6 percent are working in jobs that require a
        college degree.
            (5) Of all students who graduated with a 4-year degree in
        2009, 22.4 percent are not working.
            (6) The median student loan debt for students who graduated
        from college between 2006 and 2010 is $20,000.
            (7) Average in-State tuition and fees at public 4-year
        institutions of higher education have risen 8.3 percent between
        the 2010-2011 and 2011-2012 academic years.

SEC. 3. INTEREST-FREE DEFERMENT DURING PERIODS WHEN THE NATIONAL
              UNEMPLOYMENT RATE EXCEEDS 7 PERCENT.

    (a) FFEL Subsidized Loan Deferment.--Section 428(b)(1)(M) of the
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
            (1) by striking ``or'' at the end of clause (iii);
            (2) by adding ``or'' at the end of clause (iv); and
            (3) by adding at the end the following new clause:
                            ``(v) in a case of a borrower who is
                        between the ages of 21 and 25, inclusive, and a
                        recent college student, as defined in section
                        455(f)(5), with respect to loans made under
                        this section to such borrower for a period of
                        enrollment during which the borrower was
                        pursuing a degree described in subparagraph (A)
                        of such section 455(f)(5)--
                                    ``(I) beginning as soon as
                                practicable after the last day of the
                                second consecutive month for which the
                                Bureau of Labor Statistics of the
                                Department of Labor (in this paragraph
                                referred to as the `Bureau') publishes
                                a national unemployment rate that
                                exceeds 7 percent, and ending as soon
                                as practicable after the Bureau
                                publishes a national unemployment rate
                                that is 7 percent or lower, except that
                                such period shall not exceed 5 years;
                                or
                                    ``(II) beginning as soon as
                                practicable after the last day of the
                                second consecutive month for which the
                                Bureau publishes a national
                                unemployment rate for individuals ages
                                21 through 25 years old that exceeds 9
                                percent, and ending as soon as
                                practicable after the Bureau publishes
                                a national unemployment rate for such
                                individuals that is 9 percent or lower,
                                except that such period shall not
                                exceed 5 years.''.
    (b) Treatment of Consolidation Loans.--Section 428C(b)(4)(C)(ii) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(4)(C)(ii)) is
amended--
            (1) by striking ``or'' at the end of subclause (II);
            (2) by redesignating subclause (III) as subclause (IV);
            (3) by inserting after subclause (II) the following:
                                    ``(III) in the case of a borrower
                                who is between the ages of 21 and 25,
                                inclusive, and a recent college
                                student, as defined in section
                                455(f)(5), by the Secretary, in the
                                case of a consolidation loan made to
                                the borrower for a period of enrollment
                                during which the borrower was pursuing
                                a degree described in subparagraph (A)
                                of such section 455(f)(5) and for which
                                the application is received on or after
                                the date of enactment of the U.S. Leads
                                Act, except that in the case of a
                                deferral under clause (ii) of section
                                428(b)(1)(M), the Secretary shall pay
                                such interest only for a period not in
                                excess of 3 years for which a borrower
                                would be eligible for such a deferral
                                and, in the case of a deferral under
                                clause (v) of such section, for a
                                period not in excess of 5 years for
                                which the borrower would be eligible
                                for such a deferral; or''; and
            (4) in subclause (IV) (as so redesignated by this
        subsection), by striking ``(I) or (II)'' and inserting ``(I),
        (II), or (III)''.
    (c) FFEL Unsubsidized Loan Deferment.--
            (1) In general.--Section 428H(e)(2) of the Higher Education
        Act of 1965 (20 U.S.C. 1078-8(e)(2)) is amended--
                    (A) in subparagraph (A), by inserting ``Except as
                provided in subparagraph (C)'' before ``Interest on'';
                and
                    (B) by adding at the end the following new
                subparagraph:
                    ``(C) In the case of a borrower who is between the
                ages of 21 and 25, inclusive, and a recent college
                student, as defined in section 455(f)(5), interest on
                loans made under this section to the borrower for a
                period of enrollment during which the borrower was
                pursuing a degree described in subparagraph (A) of such
                section 455(f)(5) and for which payments are deferred--
                            ``(i) under clause (i), (iii), or (iv) of
                        section 428(b)(1)(M), for a period of deferment
                        granted to such borrower on or after the date
                        of enactment of the U.S. Leads Act, shall
                        accrue and be paid by the Secretary during any
                        period during which the loans are so deferred;
                            ``(ii) under clause (ii) of section
                        428(b)(1)(M), for a period of deferment granted
                        to such borrower on or after the date of
                        enactment of the U.S. Leads Act, shall accrue
                        and be paid by the Secretary during any period
                        during which the loans are so deferred, not in
                        excess of 3 years; and
                            ``(iii) under clause (v) of section
                        428(b)(1)(M), for a period of deferment granted
                        to such borrower on or after the date of
                        enactment of the U.S. Leads Act, shall accrue
                        and be paid by the Secretary during any period
                        during which the loans are so deferred, not in
                        excess of 5 years.''.
            (2) Conforming amendment.--Section 428(b)(1)(Y)(iii) of the
        Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(Y)(iii)) is
        amended by inserting ``(other than a deferment under such
        subparagraph granted to a borrower described in section
        428H(e)(2)(C) on or after the date of enactment of the U.S.
        Leads Act)'' after ``of this paragraph''.
    (d) Direct Loan Deferment.--Section 455(f) of the Higher Education
Act of 1965 (20 U.S.C. 1087(f)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``or'' at the end of clause
                        (i); and
                            (ii) by adding at the end the following:
                            ``(iii) Federal Direct Unsubsidized
                        Stafford Loan or Federal Direct Consolidation
                        Loan made to a borrower for a period of
                        enrollment during which the borrower was
                        pursuing a degree described in paragraph (5)(A)
                        and the borrower is between the ages of 21 and
                        25, inclusive, and a recent college student, as
                        defined in paragraph (5); or''; and
                    (B) in subparagraph (B)--
                            (i) by inserting ``not described in
                        subparagraph (A)(iii)'' after ``Unsubsidized
                        Stafford Loan''; and
                            (ii) by striking ``subparagraph (A)(ii)''
                        and inserting ``clause (ii) or (iii) of
                        subparagraph (A)'';
            (2) in paragraph (2)--
                    (A) by striking ``or'' at the end of subparagraph
                (C);
                    (B) by striking the period at the end of
                subparagraph (D) and inserting ``; or''; and
                    (C) by adding at the end the following new
                subparagraph:
                    ``(E) in a case of a borrower who is between the
                ages of 21 and 25, inclusive, and a recent college
                student, as defined in paragraph (5), with respect to
                loans made under this part to such borrower for a
                period of enrollment during which the borrower was
                pursuing a degree described in subparagraph (A) of such
                paragraph (5)--
                            ``(i) beginning as soon as practicable
                        after the last day of the second consecutive
                        month for which the Bureau of Labor Statistics
                        of the Department of Labor (in this paragraph
                        referred to as the `Bureau') publishes a
                        national unemployment rate that exceeds 7
                        percent, and ending as soon as practicable
                        after the Bureau publishes a national
                        unemployment rate that is 7 percent or lower,
                        except that such period shall not exceed 5
                        years; or
                            ``(ii) beginning as soon as practicable
                        after the last day of the second consecutive
                        month for which the Bureau publishes a national
                        unemployment rate for individuals ages 21
                        through 25 years old that exceeds 9 percent,
                        and ending as soon as practicable after the
                        Bureau publishes a national unemployment rate
                        for such individuals that is 9 percent or
                        lower, except that such period shall not exceed
                        5 years.''; and
            (3) by adding at the end the following new paragraph:
            ``(5) Definition of recent college student.--For the
        purpose of this subsection, the term `recent college student'
        means a borrower who--
                    ``(A) who has received a baccalaureate degree from
                an institution of higher education within 48 months
                prior to the date of enactment of the U.S. Leads Act;
                and
                    ``(B) who has not previously received any such
                baccalaureate degree.''.

Output:
Unshackling Students to Lead, Excel, Act, Develop, and Serve Act of 2012 or U.S. LEADS Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow recent college graduates to defer payment on their student loans under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs without accruing interest when the national unemployment rate exceeds 7% or the unemployment rate for 21-25 year olds exceeds 9%.

Limits that deferral period to a maximum of five years.

Makes the deferral available only to graduates aged 21-25 who received their first baccalaureate degree within the four years preceding this Act's enactment.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biobased Energy Incentive Act of
2002''.

SEC. 2. PRODUCTION OF BIOBASED ENERGY PRODUCTS.

    The Biomass Research and Development Act of 2000 (7 U.S.C. 7624
note; Public Law 106-224) is amended--
            (1) by redesignating section 310 as section 311; and
            (2) by inserting after section 309 the following:

``SEC. 310. PRODUCTION OF BIOBASED ENERGY PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) Biobased energy product.--The term `biobased energy
        product' means biodiesel or ethanol fuel.
            ``(2) Biodiesel.--The term `biodiesel' means a monoalkyl
        ester that meets the requirements of ASTM D6751.
            ``(3) Eligible commodity.--The term `eligible commodity'
        means wheat, corn, grain sorghum, barley, oats, rice, soybeans,
        sunflower seed, rapeseed, canola, safflower, flaxseed, mustard,
        crambe, sesame seed, cottonseed, and cellulosic commodities
        (such as hybrid poplars and switch grass).
            ``(4) Eligible producer.--The term `eligible producer'
        means a producer that--
                    ``(A) uses an eligible commodity to produce a
                biobased energy product; and
                    ``(B) enters into a contract with the Secretary
                under subsection (b)(2).
            ``(5) New producer.--The term `new producer' means an
        eligible producer that has not used an eligible commodity to
        produce a biobased energy product during the preceding fiscal
        year.
    ``(b) Biobased Energy Incentive Program.--
            ``(1) Establishment.--The Secretary shall establish a
        biobased energy incentive program under which the Secretary
        shall make payments to eligible producers to promote the use of
        eligible commodities to produce biobased energy products.
            ``(2) Contracts.--
                    ``(A) In general.--To be eligible to receive a
                payment, an eligible producer shall enter into a
                contract with the Secretary under which the producer
                shall agree to increase the use of eligible commodities
                to produce biobased energy products during 1 or more
                fiscal years.
                    ``(B) Quarterly payments.--Under a contract--
                            ``(i) the eligible producer shall agree to
                        increase the use of eligible commodities to
                        produce biobased energy products during each
                        fiscal year covered by the contract; and
                            ``(ii) the Secretary shall make payments to
                        the eligible producer for each quarter of the
                        fiscal year.
            ``(3) Amount.--Subject to paragraphs (6) through (8), the
        amount of a payment made to an eligible producer for a fiscal
        year under this subsection shall be determined by multiplying--
                    ``(A) the payment quantity for the fiscal year
                determined under paragraph (4); by
                    ``(B) the payment rate determined under paragraph
                (5).
            ``(4) Payment quantity.--
                    ``(A) In general.--Subject to subparagraph (B), the
                payment quantity for payments made to an eligible
                producer for a fiscal year under this subsection shall
                equal the difference between--
                            ``(i) the quantity of eligible commodities
                        that the eligible producer agrees to use, under
                        the contract entered into with the Secretary,
                        to produce biobased energy products during the
                        fiscal year; and
                            ``(ii) the quantity of eligible commodities
                        that the eligible producer used to produce
                        biobased energy products during the preceding
                        fiscal year.
                    ``(B) New producers.--The payment quantity for
                payments made to a new producer for the first fiscal
                year of a contract under this subsection shall equal 25
                percent of the quantity of eligible commodities that
                the eligible producer uses to produce biobased energy
                products during the fiscal year.
            ``(5) Payment rate.--
                    ``(A) In general.--Subject to subparagraph (B), the
                payment rate for payments made to an eligible producer
                under this subsection for the use of an eligible
                commodity shall be determined by the Secretary to
                compensate the eligible producer for the local value
                of--
                            ``(i) in the case of corn, 1 bushel of corn
                        for each 3 bushels of additional corn that is
                        used to produce a biobased energy product; and
                            ``(ii) in the case of each other eligible
                        commodity, an equivalent quantity determined by
                        the Secretary.
                    ``(B) Small-scale producers.--The payment rate for
                payments made to an eligible producer that has an
                annual capacity of less than 60,000,000 gallons of
                biobased energy products shall be at least 25 percent
                higher than the payment rate for other eligible
                producers, as determined by the Secretary.
            ``(6) Proration.--If the amount made available for a fiscal
        year under subsection (d)(2)(A) is insufficient to allow the
        payment of the amount of the payments that eligible producers
        (that apply for the payments) otherwise would have a right to
        receive under this subsection, the Secretary shall prorate the
        amount of the funds among all such eligible producers.
            ``(7) Overpayments.--If the total amount of payments that
        an eligible producer receives for a fiscal year under this
        section exceeds the amount the eligible producer should have
        received under this subsection, the producer shall repay the
        amount of the overpayment to the Secretary, plus interest (as
        determined by the Secretary).
            ``(8) Limitation.--No eligible producer shall receive more
        than 7 percent of the total amount made available for a fiscal
        year under subsection (d)(2)(A).
            ``(9) Recordkeeping and monitoring.--To be eligible to
        receive a payment under this subsection, an eligible producer
        shall--
                    ``(A) maintain for at least 3 years records
                relating to the production of biobased energy products;
                and
                    ``(B) make the records available to the Secretary
                to verify eligibility for the payments.
            ``(10) Other requirements.--To be eligible to receive a
        payment under this subsection, an eligible producer shall meet
        other requirements of Federal law (including regulations)
        applicable to the production of biodiesel or ethanol fuel.
    ``(c) Availability of Biobased Energy Products.--The Secretary
shall establish a program to encourage wider availability of biobased
energy products to consumers of gasoline and diesel fuels.
    ``(d) Funding.--
            ``(1) In general.--Subject to paragraph (2), the Secretary
        shall use the funds, facilities, and authorities of the
        Commodity Credit Corporation to carry out this section.
            ``(2) Fiscal year limitations.--The amount of funds of the
        Commodity Credit Corporation used to carry out this section
        shall not exceed--
                    ``(A) in the case of subsection (b), $150,000,000
                for fiscal year 2003 and each subsequent fiscal year;
                and
                    ``(B) in the case of subsection (c), $10,000,000
                for fiscal year 2003 and each subsequent fiscal
                year.''.

Output: Biobased Energy Incentive Act of 2002 - Amends the Biomass Research and Development Act of 2000 to direct the Secretary of Agriculture to establish: (1) a biobased energy incentive program of payments to eligible producers to promote the use of commodities to produce biobased energy products (biodiesel or ethanol fuel); and (2) a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuel.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mayflower Commemorative Coin Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The arrival of the Pilgrims at Plymouth, Massachusetts,
        in 1620 has major significance in the history of the United
        States.
            (2) The Mayflower Compact laid the foundation and moral
        framework for the future laws of the United States.
            (3) The General Society of Mayflower Decedents' mission
        is--
                    (A) to tell the story of the Pilgrim's journey on
                the Mayflower in 1620, bringing with them principles of
                civil and religious liberty to America as memorialized
                in the Mayflower Compact;
                    (B) to raise public awareness and increase the
                public understanding of the importance of the Pilgrim's
                lives and legacies; and
                    (C) to encourage a passion for history.
            (4) A commemorative coin will bring national and
        international attention to the lasting legacy of this important
        event.
            (5) The proceeds from a surcharge on the sale of such
        commemorative coin will assist the financing of educational,
        scholarship, and outreach programs;

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
            (1) $5 gold coins.--Not more than 50,000 $5 coins, which
        shall--
                    (A) weigh 8.359 grams;
                    (B) have a diameter of 0.850 inches; and
                    (C) contain 90 percent gold and 10 percent alloy.
            (2) $1 silver coins.--Not more than 100,000 $1 coins, which
        shall--
                    (A) weigh 26.73 grams;
                    (B) have a diameter of 1.500 inches; and
                    (C) contain at least 90 percent silver.
    (b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
            (1) In general.--The design of the coins minted under this
        Act shall be emblematic of the arrival of the Pilgrims.
            (2) Designation and inscriptions.--On each coin minted
        under this Act there shall be--
                    (A) a designation of the value of the coin;
                    (B) an inscription of--
                            (i) the mint date ``2020''; and
                            (ii) the year ``1620''; and
                    (C) inscriptions of the words ``Liberty'', ``In God
                We Trust'', ``United States of America'', and ``E
                Pluribus Unum''.
    (b) Selection.--The design for the coins minted under this Act
shall be--
            (1) selected by the Secretary after consultation with the
        Commission of Fine Arts and the General Society of Mayflower
        Descendants; and
            (2) reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued
in proof quality and uncirculated quality.
    (b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
    (c) Period of Issuance.--The Secretary may issue coins, to the
public, minted under this Act only during the 1-year period beginning
on January 1, 2020.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
            (1) the face value of the coins;
            (2) the surcharge provided in section 7(a) with respect to
        such coins; and
            (3) the cost of designing and issuing the coins (including
        labor, materials, dies, use of machinery, overhead expenses,
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
    (c) Prepaid Orders.--
            (1) In general.--The Secretary shall accept prepaid orders
        for the coins minted under this Act before the issuance of such
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders
        under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) In General.--All sales of coins issued under this Act shall
include a surcharge as follows:
            (1) A surcharge of $35 per coin for the $5 gold coin.
            (2) A surcharge of $10 per coin for the $1 silver coin.
    (b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the General Society of Mayflower Descendants for
educational purposes.
    (c) Audits.--The General Society of Mayflower Descendants shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
    (d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.

SEC. 8. FINANCIAL ASSURANCES.

    The Secretary shall take such actions as may be necessary to ensure
that--
            (1) minting and issuing coins under this Act will not
        result in any net cost to the United States Government; and
            (2) no funds, including applicable surcharges, shall be
        disbursed to any recipient designated in section 7 until the
        total cost of designing and issuing all of the coins authorized
        by this Act (including labor, materials, dies, use of
        machinery, overhead expenses, marketing, and shipping) is
        recovered by the United States Treasury, consistent with
        sections 5112(m) and 5134(f) of title 31, United States Code.

Output: Mayflower Commemorative Coin Act This bill directs the Department of the Treasury to issue up to 50,000 $5 gold commemorative coins, and up to 100,000 $1 silver commemorative coins, whose design is emblematic of the arrival of the Pilgrims at Plymouth, Massachusetts.  These coins shall be issued only during the one-year period beginning on January 1, 2020.   The Department must pay all surcharges received from sales of the coins to the General Society of Mayflower Descendants for educational purposes.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Non-Proliferation Policy Act
of 1993''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The United States has been a leader in seeking to
        contain the spread of nuclear weapons technology and materials.
            (2) With the end of the Cold War and the breakup of the
        Soviet Union, the proliferation of nuclear weapons, especially
        to countries in unstable regions, is now the leading military
        threat to the national security of the United States and its
        allies.
            (3) The United Nations Security Council declared on January
        31, 1992, that ``proliferation of all weapons of mass
        destruction constitutes a threat to international peace and
        security'' and committed to taking appropriate action to
        prevent proliferation from occurring. The establishment of the
        United Nations Special Commission on Iraq was an important
        precedent to that end.
            (4) Aside from the 5 declared nuclear weapon states, a
        number of other nations have or are pursuing nuclear weapons
        capabilities.
            (5) Regional nuclear arms races pose perhaps the most
        likely prospect for the future use of nuclear weapons.
            (6) The break-up of the Soviet Union has increased the
        threat of nuclear proliferation.
            (7) In May 1992, Ukraine, Belarus, and Kazakhstan signed
        the protocols to START I and committed to acceding to the
        Nuclear Non-Proliferation Treaty as non-nuclear weapon states
        ``in the shortest possible time''.
            (8) Iraq had a substantial, clandestine nuclear weapons
        program which went undetected by the International Atomic
        Energy Agency (IAEA) inspection process and was greatly
        assisted by dual-use exports from western countries, including
        the United States.
            (9) North Korea's statement of intent to withdraw from the
        Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA
        inspections of all of its known and suspected nuclear
        facilities, are unprecedented actions which could greatly
        undermine efforts to stop nuclear proliferation.
            (10) Brazil and Argentina had substantial programs to build
        nuclear weapons and South Africa has admitted developing and
        building 6 nuclear weapons, but in response to reduced regional
        tensions and other factors, all 3 countries have renounced
        nuclear weapons and accepted IAEA safeguards for all of their
        nuclear facilities, and South Africa has acceded to the Non-
        Proliferation Treaty as a non-nuclear weapon state.
            (11) United States security interests and current policy
        and practices are consistent with the terms of the South
        Pacific Nuclear Free Zone Treaty which, like nuclear weapons
        free zones in Latin America, South Asia, and the Middle East
        that the United States supports, can contribute to efforts to
        avoid regional conflicts and prevent arms races.
            (12) The IAEA is a valuable tool to counter proliferation,
        but the effectiveness of its system to safeguard nuclear
        materials may be adversely affected by institutional and
        financial constraints.
            (13) The Nuclear Non-Proliferation Treaty, which codifies
        world consensus against further nuclear proliferation and is
        scheduled for review and extension in 1995, should be expanded
        in membership and extended indefinitely, and additional steps
        should be taken to strengthen the international nuclear
        nonproliferation regime.
            (14) The Nuclear Nonproliferation Act of 1978 declared that
        the United States is committed to continued strong support for
        the Nuclear Non-Proliferation Treaty and to a strengthened and
        more effective IAEA, and established that it is United States
        policy to establish more effective controls over the transfer
        of nuclear equipment, materials, and technology.
            (15) The goal of the United States is to end the further
        spread of nuclear weapons capability, roll back nuclear
        proliferation where it has occurred, and prevent the use of
        nuclear weapons anywhere in the world. To that end the United
        States should adopt a comprehensive nuclear nonproliferation
        policy.

SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.

    In order to end nuclear proliferation and reduce current nuclear
arsenals and supplies of weapons-usable nuclear materials, it shall be
the policy of the United States to pursue the following objectives:
            (1) Encourage Ukraine to join Kazakhstan and Belarus in
        ratifying the START I treaty and encourage Ukraine and
        Kazakhstan to join Belarus in voting to accede to the Nuclear
        Non-Proliferation Treaty as non-nuclear weapon states in the
        shortest possible time.
            (2) Encourage Belarus, Ukraine, and Kazakhstan to remove
        all nuclear weapons from their territory, accept IAEA
        safeguards over all of their nuclear facilities, and implement
        effective controls on nuclear and nuclear-related dual-use
        exports.
            (3) Reach an agreement with the Russian Federation--
                    (A) to deactivate and retire from field deployment
                on an accelerated schedule all weapons to be withdrawn
                under the START I treaty and the START II treaty;
                    (B) on data exchanges and inspection arrangements
                to verify the elimination of all nuclear weapons
                scheduled to be withdrawn under the START I treaty and
                the START II treaty; and
                    (C) to place all fissile material from such weapons
                under bilateral or international controls, or both.
            (4) Prepare for the ratification of the START II treaty by
        seeking the exchange of information between the United States
        and the Russian Federation on nuclear weapons stockpiles and
        fissile material facilities and inventories as required by the
        United States Senate as a condition to its approval of the
        START I Treaty.
            (5) Conclude a multilateral comprehensive nuclear test ban
        treaty by early 1995, before the conference to renew and extend
        the Nuclear Non-Proliferation Treaty is held.
            (6) Ratify the START II treaty in the United States and
        encourage ratification of that treaty by the Russian
        Federation, and reach agreement with the Russian Federation to
        end the production of new types of nuclear warheads.
            (7) Conclude a multilateral agreement to reduce the
        strategic nuclear arsenals of the United States and the Russian
        Federation to within a range of 1,000 to 2,000 each, with lower
        levels for the United Kingdom, France, and the People's
        Republic of China.
            (8) Conclude additional multilateral agreements to
        significantly and continuously reduce the nuclear arsenals of
        all countries through a stage-by-stage process.
            (9) Reach immediate agreement with the Russian Federation
        to halt permanently the production of fissile material for
        weapons purposes, and achieve worldwide agreements to--
                    (A) end by 1995 the production of fissile material
                for any purpose;
                    (B) place existing stockpiles of such materials
                under bilateral or international controls; and
                    (C) require all countries to place all of their
                nuclear facilities dedicated to peaceful purposes under
                IAEA safeguards.
            (10) Strengthen IAEA safeguards to more effectively verify
        that countries are complying with their nonproliferation
        commitments and provide the IAEA with the political, technical,
        and financial support necessary to implement the necessary
        safeguard reforms.
            (11) Strengthen nuclear export controls in the United
        States and other nuclear supplier nations, impose sanctions on
        individuals, companies, and countries which contribute to
        nuclear proliferation, and provide increased public information
        on nuclear export licenses approved in the United States.
            (12) Reduce incentives for countries to pursue the
        acquisition of nuclear weapons by seeking to reduce regional
        tensions and to strengthen regional security agreements, and
        encourage the United Nations Security Council to increase its
        role in enforcing international nuclear nonproliferation
        agreements.
            (13) Support the indefinite extension of the Nuclear Non-
        Proliferation Treaty at the 1995 conference to review and
        extend that treaty and seek to ensure that all countries sign
        the treaty or participate in a comparable international regime
        for monitoring and safeguarding nuclear facilities and
        materials.
            (14) Adopt a United States policy of ``no first use'' of
        nuclear weapons, reach agreement with the other nuclear weapon
        states to adopt such a policy and to assist immediately any
        country which is a party to the Nuclear Non-Proliferation
        Treaty should the use of nuclear weapons be initiated against
        such country.
            (15) Conclude a verifiable bilateral agreement with the
        Russian Federation under which both countries withdraw from
        their arsenals and dismantle all tactical nuclear weapons, and
        seek to extend to all nuclear weapon states this zero option
        for tactical nuclear weapons.
            (16) Sign the appropriate protocols to the South Pacific
        Nuclear Free Zone Treaty.

SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY.

    (a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, and not later than February 1 of each year
thereafter, the President shall submit to the Congress a report on--
            (1) the actions the United States has taken and the actions
        the United States plans to take during the succeeding 12-month
        period to implement each of the policy objectives set forth in
        this Act;
            (2) actions which have been taken by the Russian
        Federation, by the other former Soviet republics, and by other
        countries and institutions to achieve those policy objectives;
        and
            (3) obstacles that have been encountered in seeking to
        implement those policy objectives.
Each such report shall be submitted in unclassified form, with a
classified appendix if necessary.
    (b) Report on Nuclear Stockpile Information.--The President shall
submit a report to the Congress on the specific actions that have been
taken and those that are planned to comply with Condition 8 concerning
the ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution
of ratification of the START I treaty (Treaty Doc. 102-20 and 102-32).

SEC. 5. DEFINITIONS.

    As used in this Act--
            (1) the term ``fissile materials'' means highly enriched
        uranium and plutonium;
            (2) the term ``highly enriched uranium'' means uranium
        enriched to 20 percent or more in the isotope U-235;
            (3) the term ``IAEA'' means the International Atomic Energy
        Agency;
            (4) the term ``IAEA safeguards'' means the safeguards set
        forth in an agreement between a country and the IAEA, as
        authorized by Article III(A)(5) of the Statute of the
        International Atomic Energy Agency;
            (5) a policy of ``no first use'' of nuclear weapons means a
        commitment not to initiate the use of nuclear weapons;
            (6) the term ``non-nuclear weapon state'' means any country
        that is not a nuclear weapon state;
            (7) the term ``Nuclear Non-Proliferation Treaty'' means the
        Treaty on the Non-Proliferation of Nuclear Weapons, signed at
        Washington, London, and Moscow on July 1, 1968;
            (8) the term ``nuclear weapon state'' means any country
        that is a nuclear-weapon state, as defined by Article IX(3) of
        the Treaty on the Non-Proliferation of Nuclear Weapons, signed
        at Washington, London, and Moscow on July 1, 1968;
            (9) the term ``START I treaty'' means the Treaty on the
        Reduction of Strategic Offensive Arms, signed by the United
        States and the Union of Soviet Socialist Republics on July 31,
        1991; and
            (10) the term ``START II treaty'' means the Treaty on
        Further Reductions and Limitations of Strategic Offensive Arms,
        signed by the United States and the Russian Federation on
        January 3, 1993.

Output: Nuclear Non-Proliferation Policy Act of 1993 - Declares that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be U.S. policy to pursue the following objectives:  (1) encourage the Ukraine to ratify the START I treaty and Ukraine and Kazakhstan to vote to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states; (2) encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept International Atomic Energy Agency (IAEA) safeguards over nuclear facilities, and implement effective controls on nuclear exports; (3) reach an agreement with the Russian Federation to deactivate weapons to be withdrawn under START I and II, place all fissile material from weapons under bilateral or international controls, and arrange for inspections and data exchanges; (4) prepare for the ratification of START II by seeking the exchange of information; (5) conclude a multilateral comprehensive nuclear test ban treaty by early 1995; (6) ratify START II in the United States and encourage the Russian Federation to do the same; (7) conclude multilateral agreements to reduce nuclear arsenals; (8) reach agreement with the Russian Federation to halt the production of fissile material for weapons purposes and other worldwide agreements respecting such materials and the placement of all nuclear facilities under IAEA safeguards; (9) strengthen IAEA safeguards and nuclear export controls; (10) reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions; (11) support the extension of the Nuclear Non-Proliferation Treaty at the 1995 conference; (12) adopt a U.S. policy of "no first use" of nuclear weapons, reach agreement with other nuclear weapon states to adopt such a policy, and assist any country which is a party to the Nuclear Non-Proliferation Treaty should weapons be initiated against such country; (13) conclude an agreement with the Russian Federation to dismantle all tactical nuclear weapons; and (14) sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stem Cell Research Enhancement Act
of 2008''.

SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH.

    Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after section 498C the following:

``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH.

    ``(a) In General.--Notwithstanding any other provision of law
(including any regulation or guidance), the Secretary shall conduct and
support research that utilizes human embryonic stem cells (regardless
of the date on which the stem cells were derived from a human embryo).
    ``(b) Ethical Requirements.--Human embryonic stem cells shall be
eligible for use in any research conducted or supported by the
Secretary if the cells meet each of the following:
            ``(1) The stem cells were derived from human embryos that
        have been donated from in vitro fertilization clinics, were
        created for the purposes of fertility treatment, and were in
        excess of the clinical need of the individuals seeking such
        treatment.
            ``(2) Prior to the consideration of embryo donation and
        through consultation with the individuals seeking fertility
        treatment, it was determined that the embryos would never be
        implanted in a woman and would otherwise be discarded.
            ``(3) The individuals seeking fertility treatment donated
        the embryos with written informed consent and without receiving
        any financial or other inducements to make the donation.''.

SEC. 3. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS.

    Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is further amended by inserting after section 498D, as
inserted by this Act, the following:

``SEC. 498E. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS.

    ``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Director of NIH--
            ``(1) shall issue guidelines on research involving human
        embryonic stem cells; and
            ``(2) may issue guidelines on research involving other
        human stem cells, as determined to be scientifically warranted
        by the Director of NIH.
    ``(b) Updates.--
            ``(1) In general.--Subject to paragraph (2), the Director
        of NIH shall review and, as appropriate, update the guidelines
        issued under paragraphs (1) and (2) of subsection (a) when the
        Director determines that such updates are scientifically
        warranted. The Director of NIH may determine the extent to
        which such an update applies to ongoing National Institutes of
        Health conducted- or supported-research.
            ``(2) Frequency of updates.--The first update required
        under paragraph (1), with respect to guidelines issued under
        paragraph (1) or (2) of subsection (a), shall be made not later
        than the last day of the three-year period beginning on the
        date such respective guidelines are issued and each subsequent
        update to such respective guidelines shall be made not later
        than the last day of each subsequent three-year period.
    ``(c) Consideration of Other Guidelines.--In developing and
updating the guidelines under this section, the Director of NIH shall,
as appropriate, take into consideration guidelines on human stem cell
research developed by nationally- and internationally-recognized
scientific organizations.
    ``(d) Application of Guidelines to Research.--
            ``(1) In general.--Subject to paragraph (2), research that
        is first conducted or supported by the National Institutes of
        Health on or after the effective date of the applicable
        guidelines under subsection (a) shall comply with such
        guidelines.
            ``(2) Exception for cells derived before the effective date
        of the guidelines.--The Director of NIH shall determine the
        extent to which the guidelines under this section shall apply
        to research described in paragraph (1) that uses human stem
        cells derived before the effective date of such guidelines.
    ``(e) Public Disclosure.--The Director of NIH shall publish the
guidelines issued and updated under this section on the public website
of the National Institutes of Health.''.

SEC. 4. REPORTING REQUIREMENTS.

    Section 403(a)(5) of the Public Health Service Act (42 U.S.C.
283(a)(5)) is amended--
            (1) by redesignating subparagraph (L) as (M); and
            (2) by inserting the following:
                    ``(L) Human stem cells.''.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) in developing, updating, and implementing the
        guidelines under section 498E of the Public Health Service Act,
        as added by section 3, the Director of the National Institutes
        of Health should consult with the Commissioner of Food and
        Drugs;
            (2) any research using human stem cells, irrespective of
        whether such research is federally funded, should comply with
        the guidelines under section 498E; and
            (3) the Commissioner of Food and Drugs should keep the
        Director of the National Institutes of Health informed of the
        types of human stem cell and related research that would
        facilitate the evaluation of the safety or effectiveness of
        drugs, devices, and biological products.

Output:
Stem Cell Research Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment; (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded; and (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements.

Requires the Director of the National Institutes of Health (NIH) to issue guidelines on research involving human embryonic stem cells. Authorizes the Director to issue guidelines on research involving other human stem cells, as scientifically warranted. Provides for updates of guidelines under this Act. Directs the Secretary to take into consideration guidelines on human stem cell research developed by nationally- and internationally- recognized scientific organizations.

Requires NIH research to comply with guidelines under this Act.

Requires the Director to: (1) determine the extent to which the guidelines under this Act apply to research on human embryonic stem cells derived before the effective date of such guidelines; and (2) include in its biennial report to Congress a summary of research activities on human stem cells.