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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane, Tornado, and Related
Hazards Research Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Natural disasters cause enormous loss of life. Almost
        all States and territories are at risk from the effects of 1 or
        more types of natural disaster. Coastal States and many island
        States and territories are vulnerable to the hazards of
        windstorms. All Midwest, Southern, and Mid-Atlantic States are
        vulnerable to the hazards of tornadoes and thunderstorms and
        increased building activity is occurring in high-risk areas
        such as the seashore and ``tornado alley''.
            (2) Hurricanes, which combine high winds and flooding, and
        related natural disasters cause enormous loss of life, injury,
        destruction of property, and economic and social disruption, as
        evidenced by the 56 deaths and $6,000,000,000 in property
        damage in 1999 from Hurricane Floyd. From 1990 to 1999
        hurricanes caused an average of 14 deaths and $4,970,000,000 in
        property losses annually while tornadoes and other windstorms
        caused over 58 deaths and $871,000,000 in property losses
        annually.
            (3) Improved windstorm and related hazard reduction
        measures have the potential over the next 10 years to reduce
        these losses that will only increase if steps are not taken to
        help communities reduce their vulnerability. These measures
        include--
                    (A) cost-effective and affordable design and
                construction methods and practices;
                    (B) effective mitigation programs at the local,
                State, and national level;
                    (C) informed land use decisions;
                    (D) impact prediction methodologies and early
                warning systems;
                    (E) application of research results; and
                    (F) public education and outreach programs.
            (4) Engineering research needs to address both improving
        new structures and retrofitting existing ones.
            (5) There is an appropriate role for the Federal Government
        in the collection, preparation, coordination, and dissemination
        of windstorm and related hazards reduction information in order
        to protect public health and safety and in increasing public
        awareness of the dangers of these hazards and of affordable
        steps homeowners can take to preserve life and property.
        Improved outreach and implementation mechanisms are needed to
        translate existing information and research findings into
        usable, state-of-the-art specifications, criteria, and cost-
        effective practices for design and construction professionals,
        State and local officials, manufacturers, and the public.
            (6) An effective Federal program in windstorm and related
        hazard reduction will require interagency coordination, input
        from individuals and institutions outside the Federal
        Government who are expert in the sciences of natural hazards
        reduction and in the practical application of mitigation
        measures, and improved mechanisms for the transfer of new
        knowledge to State and local officials, to homeowners, and to
        the design and construction industry. Tax credits are an
        effective incentive for helping homeowners apply mitigation
        measures.
            (7) Windstorms and related hazards are a worldwide problem,
        and international cooperation is desirable for mutual learning
        and mitigation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Director'' means the Director of the Office
        of Science and Technology Policy.
            (2) The term ``related hazards'' means any naturally
        destructive environmental phenomena related to windstorms such
        as flooding, wildfires, and hail, and any major hazard of human
        origin potentially resulting in similar destruction, including
        terrorist acts.
            (3) The term ``State'' means each of the States of the
        United States, the District of Columbia, the Commonwealth of
        Puerto Rico, the United States Virgin Islands, Guam, American
        Samoa, the Commonwealth of the Northern Mariana Islands, and
        any other territory or possession of the United States.
            (4) The term ``windstorm'' means any storm with a damaging
        or destructive wind component, such as a hurricane, tropical
        storm, tornado, or thunderstorm.

SEC. 4. NATIONAL WINDSTORM AND RELATED HAZARD IMPACT REDUCTION PROGRAM.

    (a) Interagency Group.--Not later than 90 days after the date of
the enactment of this Act, the Director shall establish an Interagency
Group consisting of representatives of appropriate Federal agencies,
including the National Science Foundation, the National Oceanic and
Atmospheric Administration, the National Institute of Standards and
Technology, the Department of Energy, and other agencies with
jurisdiction over housing, construction, and natural disaster
mitigation and relief, to be responsible for the development and
implementation of a coordinated Federal windstorm and related hazards
reduction research, development, and technology transfer program based
on identified public needs. In establishing the Interagency Group, the
Director is encouraged, where appropriate, to designate lead agencies
and to preserve existing programs and functions of Federal agencies and
organizations, and shall ensure regular agency coordination and
information sharing.
    (b) Objective.--The objective of the windstorm and related hazard
impact reduction program is the achievement, within 10 years after the
date of the enactment of this Act, of major measurable reductions in
losses that would otherwise have occurred to life and property from
windstorms and related hazards. The objective is to be achieved through
the creation of a program involving cooperation among governments at
all levels and the private sector featuring--
            (1) pertinent basic research and applied research based on
        identified public needs, which takes into account locality-
        specific weather, susceptibility to natural hazards, design and
        construction practices, and performance of the built
        environment during windstorms and related hazards;
            (2) better understanding of costs and benefits associated
        with natural hazard impact reduction;
            (3) systematic collection of physical and performance data
        for buildings and other structures for use in developing and
        deploying mitigation measures;
            (4) an ongoing program of information dissemination on
        cost-effective and affordable hazard reduction research results
        and hazard-resistant building construction techniques to
        industry, State and local governments, homeowners, and the
        general public;
            (5) improved technology for loss estimation, risk
        assessment, hazard identification, prediction, warnings,
        advanced planning, and disaster response;
            (6) increased public awareness of the dangers of windstorms
        and related hazards, and the value of taking preventative
        action to preserve affected property and life; and
            (7) priority attention to critical lifelines, including
        infrastructure and utilities, that are especially needed in
        time of disaster.
    (c) Research and Development Elements.--The research and
development elements of the program may include--
            (1) peer-reviewed research and development on and
        demonstration of disaster-resistant systems, based on
        identified public needs, and materials for new construction and
        retrofit of existing construction, including composite
        materials; building envelope components, including windows,
        doors, and roofs; structural design; and design and
        construction techniques, through physical testing and
        postdisaster assessments, and through computer simulation when
        appropriate, taking into consideration life safety and cost-
        effectiveness, affordability, and regional differences
        including susceptibility to windstorm and related hazards;
            (2) development of quantitative assessment techniques to
        evaluate the direct, indirect, and societal costs and benefits
        associated with natural hazards, including exploration of
        mitigation measures that could reduce windstorm vulnerability,
        and to effectively exploit existing and developing mitigation
        techniques;
            (3) development of mechanisms for collecting and
        inventorying information on building systems and materials
        performance in windstorms and related hazards, information on
        identified public mitigation priorities, and other pertinent
        information from sources such as the construction industry,
        insurance companies, and building officials;
            (4) development of cost-effective and affordable planning,
        design, construction, rehabilitation, and retrofit methods and
        procedures, including utilization of mitigation measures, for
        critical lifelines and facilities such as hospitals, schools,
        public utilities, and other structures that are especially
        needed in time of disaster;
            (5) research and development on wind characterization and
        micro-climates and on techniques, methodologies, and new
        technologies for the mapping in finer detail of windstorms and
        related hazard risks, to be coordinated with the mapping of
        other natural and manmade hazards;
            (6) development of improved loss estimation and risk
        assessment systems for predicting and evaluating damaging
        windstorm impacts and for identifying, evaluating, and reliably
        characterizing windstorm hazards; and
            (7) development of improved approaches for providing
        emergency services, reconstruction, and redevelopment after a
        windstorm or related hazard event.
    (d) Technology Transfer.--The technology transfer elements of the
program shall include--
            (1) the collection, classification, presentation, and
        dissemination in a usable form to Federal, State, and local
        officials, community leaders, the design and construction
        industry, contractors, home owners, and the general public, of
        research results, cost-effective construction techniques, loss
        estimation and risk assessment methodologies, and other
        pertinent information regarding windstorm phenomena, the
        identification of locations and features which are especially
        susceptible to natural hazard damage, ways to reduce the
        adverse consequences of natural hazards, and related matters;
            (2) in coordination with the private sector, academia, and
        the States, curriculum development and related measures to
        facilitate the training of employees of the design and
        construction industry, the insurance industry, and State and
        local governments, and other interested persons; and
            (3) development of an outreach effort to increase public
        and community awareness, including information related to
        windstorm and related hazard mitigation.
    (e) Implementation Plan.--The Interagency Group established under
subsection (a) shall refine, in conjunction with appropriate
representatives of State and local units of government and private
sector organizations, the objective stated in subsection (b), develop
measurements related to the objective, including emphasis on safety,
cost-effectiveness, and affordability, and develop a 10-year
implementation plan for achieving the objective with a strategic review
of goals and objectives every 3 years, working in coordination with the
private sector and State and local government for implementation in all
appropriate instances. Not later than 210 days after the date of the
enactment of this Act, the Interagency Group shall submit to the
Congress the implementation plan. The plan shall include--
            (1) a statement of strategic research and development goals
        and priorities;
            (2) plans for the development of improved forecasting
        techniques for windstorms, early warning systems, and systems
        for comprehensive response;
            (3) plans for the development of a systematic method for
        collecting an inventory of buildings, building components, and
        damage to buildings from natural hazards;
            (4) a strategy to implement the transfer of technology and
        information to State, county, local, and regional governmental
        units and the private sector for appropriate implementation of
        research and development results;
            (5) provisions for outreach and dissemination, on a timely
        basis, of--
                    (A) information and technology in a form that is of
                use to the design professions, the construction
                industry, and other interested parties; and
                    (B) other information and knowledge of interest to
                the public to reduce vulnerability to wind and related
                hazards;
            (6) a description of how Federal disaster relief and
        emergency assistance programs will incorporate research and
        development results;
            (7) establishment, consistent with this Act, of goals,
        priorities, and target dates for implementation of the program;
            (8) assignment of responsibilities with respect to each
        element of the program that does not already have a Federal
        lead agency;
            (9) a description of plans for cooperation and coordination
        in all phases of the program with interested governmental
        entities in all States, particularly those containing areas of
        high or moderate wind and related hazard risk; and
            (10) staffing plans for the program and its components.
    (f) Participation.--The implementation plan shall complement
existing Federal research programs and shall avoid duplication of
existing programs including earthquake programs whenever possible and
assign responsibilities to Federal agencies with existing expertise.
    (g) Budget Coordination.--The Director shall each year, after
consulting with the Interagency Group established under section 4(a),
provide guidance to the other program agencies concerning the
preparation of requests for appropriations for activities related to
this Act, and shall prepare, in conjunction with the other program
agencies, an annual program budget to be submitted to the Office of
Management and Budget. Each program agency shall include with its
annual request for appropriations submitted to the Office of Management
and Budget a report that--
            (1) identifies each element of the proposed program
        activities of the agency;
            (2) specifies how each of these activities contributes to
        the program; and
            (3) states the portion of its request for appropriations
        allocated to each element of the program.
    (h) Manufactured Housing Standards.--Nothing in this Act supersedes
any provision of the National Manufactured Housing Construction and
Safety Standards Act of 1974. No design, construction method, practice,
technology, material, mitigation methodology, or hazard reduction
measure of any kind developed under this Act shall be required for a
home certified under section 616 of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. 5415),
pursuant to standards issued under such Act, without being subject to
the consensus development process and rulemaking procedures of that
Act.

SEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM AND RELATED HAZARDS
              IMPACT REDUCTION.

    (a) Establishment.--A National Advisory Committee shall be
established to review progress made under the program established under
section 4, advise on any improvements that should be made to that
program, and report to the Congress on actions that have been taken to
advance the Nation's capability to reduce the impacts of windstorm and
related hazards.
    (b) Membership.--The Advisory Committee shall be composed of no
more than 21 members to be appointed by the President (one of whom
shall be designated by the President as chair). The members shall
include representatives of a broad cross-section of interests such as
the research, technology transfer, architectural, engineering, and
financial communities; materials and systems suppliers; State, county,
and local governments concerned with the reduction of windstorm and
related hazards; the residential, multifamily, and commercial sectors
of the construction industry; and the insurance industry, and other
representatives (not including members of Federal agencies) from areas
impacted by windstorms and related hazards.
    (c) Coordination.--The Advisory Committee shall coordinate with
existing advisory committees of the Federal Government and of the
National Academies of Science and Engineering.
    (d) Annual Report.--The Advisory Committee shall provide a summary
report to Congress each year.
    (e) Exemption.--Section 14 of the Federal Advisory Committee Act
shall not apply to the Advisory Committee established under this
section.

SEC. 6. ANNUAL REPORT.

    The Interagency Group established under section 4(a) shall, within
180 days after the end of each fiscal year, submit a report to the
Congress describing the status of the windstorm and related hazards
reduction program, describing progress achieved during the preceding
fiscal year, by government at all levels and by the private sector,
toward achieving the objective stated in section 4(b) and implementing
the plan developed under section 4(e), and including any amendments to
the implementation plan. Each such report shall include any
recommendations for legislative and other action the Interagency Group
considers necessary and appropriate.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out activities
under this Act $25,000,000 for fiscal year 2004, $50,000,000 for fiscal
year 2005, and $100,000,000 for fiscal year 2006.

Output: Hurricane, Tornado, and Related Hazards Research Act - Requires the Director of the Office of Science and Technology Policy to establish an Interagency Group to be responsible for the development and implementation of a coordinated Federal windstorm and related hazards reduction research, development, and technology transfer program (the Windstorm and Related Hazard Impact Reduction Program) based on identified public needs to achieve major measurable reductions in losses within ten years.Requires that such program feature: (1) pertinent basic and applied research that takes into account locality-specific weather, susceptibility to natural hazards, design and construction practices, and performance of the built environment during windstorms and related hazards; (2) systematic collection of data for buildings and other structures for use in developing and deploying mitigation measures; (3) an ongoing program of information dissemination on cost-effective and affordable hazard reduction research results and hazard-resistant building construction techniques to industry, State and local governments, and the general public; and (4) improved technology for loss estimation, risk assessment, hazard identification, prediction, warnings, advanced planning, and disaster response.Requires the Interagency Group to develop and submit to Congress a ten-year implementation plan.Requires the Director to prepare, with other program agencies, an annual program budget.Establishes a National Advisory Committee to review progress made under the Program, advise on any improvements, and report to Congress on actions that have been taken to advance the Nation's capability to reduce windstorm and related hazard impacts.


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SEC. 201. JOINT RESOLUTION ON THE BUDGET.

    (a) Definitions.--Paragraph (4) of section 3 of the Congressional
Budget and Impoundment Control Act of 1974 is amended to read as
follows:
            ``(4) The term `joint resolution on the budget' means--
                    ``(A) a joint resolution setting forth the
                simplified budget for the United States Government for
                a biennium as provided in section 301; and
                    ``(B) any other joint resolution revising the
                budget for the United States Government for a biennium
                as described in section 304.''.
    (b) Conforming Technical Amendments Changing ``Concurrent'' to
``Joint'' Resolution.--(1) Sections 300, 301, 302, 303, 304, 305, 308,
310, 311, 601, 602, 603, 604, 605, and 606 are amended by striking
``concurrent resolution'' each place it appears and by inserting in its
place ``joint resolution''.
    (3) The table of contents set forth in section 1(b) of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
striking ``Concurrent'' in the items relating to sections 301, 303, and
304 and inserting ``Joint''.
    (3) Clauses 4(a)(2), 4(b)(2), 4(g), and 4(h) of rule X, clause 8 of
rule XXIII, and rule XLIX of the Rules of the House of Representatives
are amended by striking ``concurrent'' and by inserting in its place
``joint''.
    (4) Section 258C(1)(B) of the Deficit Control Act of 1985 is
amended by striking ``concurrent'' and inserting ``joint''.

                    TITLE III--ENHANCED RESCISSIONS

SEC. 301. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS.

    (a) In General.--Part B of title X of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by
redesignating sections 1013 through 1017 as sections 1014 through 1018,
respectively, and inserting after section 1012 the following new
section:

       ``expedited consideration of certain proposed rescissions

    ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In
addition to the method of rescinding budget authority specified in
section 1012, the President may propose, at the time and in the manner
provided in subsection (b), the rescission of any budget authority
provided in an appropriations Act. Funds made available for obligation
under this procedure may not be proposed for rescission again under
this section or section 1012.
    ``(b) Transmittal of Special Message.--
            ``(1) Not later than 3 days after the date of enactment of
        an appropriation Act, the President may transmit to Congress a
        special message proposing to rescind amounts of budget
        authority provided in that Act and include with that special
        message a draft bill or joint resolution that, if enacted,
        would only rescind that budget authority.
            ``(2) In the case of an appropriation Act that includes
        accounts within the jurisdiction of more than one subcommittee
        of the Committee on Appropriations, the President in proposing
        to rescind budget authority under this section shall send a
        separate special message and accompanying draft bill or joint
        resolution for accounts within the jurisdiction of each such
        subcommittee.
            ``(3) Each special message shall specify, with respect to
        the budget authority proposed to be rescinded, the matters
        referred to in paragraphs (1) through (5) of section 1012(a).
    ``(c) Limitation on Amounts Subject to Rescission.--
            ``(1) The amount of budget authority which the President
        may propose to rescind in a special message under this section
        for a particular program, project, or activity for a fiscal
        year may not exceed 25 percent of the amount appropriated for
        that program, project, or activity in that Act.
            ``(2) The limitation contained in paragraph (1) shall only
        apply to a program, project, or activity that is authorized by
        law.
    ``(d) Procedures for Expedited Consideration.--
            ``(1)(A) Before the close of the second day of continuous
        session of the applicable House after the date of receipt of a
        special message transmitted to Congress under subsection (b),
        the majority leader or minority leader of the House of Congress
        in which the appropriation Act involved originated shall
        introduce (by request) the draft bill or joint resolution
        accompanying that special message. If the bill or joint
        resolution is not introduced as provided in the preceding
        sentence, then, on the third day of continuous session of that
        House after the date of receipt of that special message, any
        Member of that House may introduce the bill or joint
        resolution.
            ``(B) The bill or joint resolution shall be referred to the
        Committee on Appropriations of that House. The committee shall
        report the bill or joint resolution without substantive
        revision and with or without recommendation. The bill or joint
        resolution shall be reported not later than the seventh day of
        continuous session of that House after the date of receipt of
        that special message. If the Committee on Appropriations fails
        to report the bill or joint resolution within that period, that
        committee shall be automatically discharged from consideration
        of the bill or joint resolution, and the bill or joint
        resolution shall be placed on the appropriate calendar.
            ``(C) A vote on final passage of the bill or joint
        resolution shall be taken in that House on or before the close
        of the 10th calendar day of continuous session of that House
        after the date of the introduction of the bill or joint
        resolution in that House. If the bill or joint resolution is
        agreed to, the Clerk of the House of Representatives (in the
        case of a bill or joint resolution agreed to in the House of
        Representatives) or the Secretary of the Senate (in the case of
        a bill or joint resolution agreed to in the Senate) shall cause
        the bill or joint resolution to be engrossed, certified, and
        transmitted to the other House of Congress on the same calendar
        day on which the bill or joint resolution is agreed to.
            ``(2)(A) A bill or joint resolution transmitted to the
        House of Representatives or the Senate pursuant to paragraph
        (1)(C) shall be referred to the Committee on Appropriations of
        that House. The committee shall report the bill or joint
        resolution without substantive revision and with or without
        recommendation. The bill or joint resolution shall be reported
        not later than the seventh day of continuous session of that
        House after it receives the bill or joint resolution. A
        committee failing to report the bill or joint resolution within
        such period shall be automatically discharged from
        consideration of the bill or joint resolution, and the bill or
        joint resolution shall be placed upon the appropriate calendar.
            ``(B) A vote on final passage of a bill or joint resolution
        transmitted to that House shall be taken on or before the close
        of the 10th calendar day of continuous session of that House
        after the date on which the bill or joint resolution is
        transmitted. If the bill or joint resolution is agreed to in
        that House, the Clerk of the House of Representatives (in the
        case of a bill or joint resolution agreed to in the House of
        Representatives) or the Secretary of the Senate (in the case of
        a bill or joint resolution agreed to in the Senate) shall cause
        the engrossed bill or joint resolution to be returned to the
        House in which the bill or joint resolution originated.
            ``(3)(A) A motion in the House of Representatives to
        proceed to the consideration of a bill or joint resolution
        under this section shall be highly privileged and not
        debatable. An amendment to the motion shall not be in order,
        nor shall it be in order to move to reconsider the vote by
        which the motion is agreed to or disagreed to.
            ``(B) Debate in the House of Representatives on a bill or
        joint resolution under this section shall not exceed 4 hours,
        which shall be divided equally between those favoring and those
        opposing the bill or joint resolution. A motion further to
        limit debate shall not be debatable. It shall not be in order
        to move to recommit a bill or joint resolution under this
        section or to move to reconsider the vote by which the bill or
        joint resolution is agreed to or disagreed to.
            ``(C) Appeals from decisions of the Chair relating to the
        application of the Rules of the House of Representatives to the
        procedure relating to a bill or joint resolution under this
        section shall be decided without debate.
            ``(D) Except to the extent specifically provided in the
        preceding provisions of this subsection, consideration of a
        bill or joint resolution under this section shall be governed
        by the Rules of the House of Representatives.
            ``(4)(A) A motion in the Senate to proceed to the
        consideration of a bill or joint resolution under this section
        shall be privileged and not debatable. An amendment to the
        motion shall not be in order, nor shall it be in order to move
        to reconsider the vote by which the motion is agreed to or
        disagreed to.
            ``(B) Debate in the Senate on a bill or joint resolution
        under this section, and all debatable motions and appeals in
        connection therewith, shall not exceed 10 hours. The time shall
        be equally divided between, and controlled by, the majority
        leader and the minority leader or their designees.
            ``(C) Debate in the Senate on any debatable motion or
        appeal in connection with a bill or joint resolution under this
        section shall be limited to not more than 1 hour, to be equally
        divided between, and controlled by, the mover and the manager
        of the bill or joint resolution, except that in the event the
        manager of the bill or joint resolution is in favor of any such
        motion or appeal, the time in opposition thereto, shall be
        controlled by the minority leader or his designee. Such
        leaders, or either of them, may, from time under their control
        on the passage of a bill or joint resolution, allot additional
        time to any Senator during the consideration of any debatable
        motion or appeal.
            ``(D) A motion in the Senate to further limit debate on a
        bill or joint resolution under this section is not debatable. A
        motion to recommit a bill or joint resolution under this
        section is not in order.
    ``(e) Amendments Prohibited.--No amendment to a bill or joint
resolution considered under this section shall be in order in either
the House of Representatives or the Senate. No motion to suspend the
application of this subsection shall be in order in either House, nor
shall it be in order in either House to suspend the application of this
subsection by unanimous consent.
    ``(f) Requirement To Make Available for Obligation.--Any amount of
budget authority proposed to be rescinded in a special message
transmitted to Congress under subsection (b) shall be made available
for obligation on the day after the date on which either House defeats
the bill or joint resolution transmitted with that special message.
    ``(g) Definitions.--For purposes of this section--
            ``(1) the term `appropriation Act' means any general or
        special appropriation Act, and any Act or joint resolution
        making supplemental, deficiency, or continuing appropriations;
        and
            ``(2) continuity of a session of either House of Congress
        shall be considered as broken only by an adjournment of that
        House sine die, and the days on which that House is not in
        session because of an adjournment of more than 3 days to a date
        certain shall be excluded in the computation of any period.''.
    (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2
U.S.C. 621 note) is amended--
            (1) by striking ``and 1017'' in subsection (a) and
        inserting ``1013, and 1018''; and
            (2) by striking ``section 1017'' in subsection (d) and
        inserting ``sections 1013 and 1018''; and
    (c) Conforming Amendments.--
            (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended--
                    (A) in paragraph (4), by striking ``1013'' and
                inserting ``1014''; and
                    (B) in paragraph (5)--
                            (i) by striking ``1016'' and inserting
                        ``1017''; and
                            (ii) by striking ``1017(b)(1)'' and
                        inserting ``1018(b)(1)''.
            (2) Section 1015 of such Act (2 U.S.C. 685) (as
        redesignated by section 2(a)) is amended--
                    (A) by striking ``1012 or 1013'' each place it
                appears and inserting ``1012, 1013, or 1014'';
                    (B) in subsection (b)(1), by striking ``1012'' and
                inserting ``1012 or 1013'';
                    (C) in subsection (b)(2), by striking ``1013'' and
                inserting ``1014''; and
                    (D) in subsection (e)(2)--
                            (i) by striking ``and'' at the end of
                        subparagraph (A);
                            (ii) by redesignating subparagraph (B) as
                        subparagraph (C);
                            (iii) by striking ``1013'' in subparagraph
                        (C) (as so redesignated) and inserting
                        ``1014''; and
                            (iv) by inserting after subparagraph (A)
                        the following new subparagraph:
                    ``(B) he has transmitted a special message under
                section 1013 with respect to a proposed rescission;
                and''.
            (3) Section 1016 of such Act (2 U.S.C. 686) (as
        redesignated by section 2(a)) is amended by striking ``1012 or
        1013'' each place it appears and inserting ``1012, 1013, or
        1014''.
    (d) Clerical Amendments.--The table of sections for subpart B of
title X of such Act is amended--
            (1) by redesignating the items relating to sections 1013
        through 1017 as items relating to sections 1014 through 1018;
        and
            (2) by inserting after the item relating to section 1012
        the following new item:

``Sec. 1013. Expedited consideration of certain proposed
                            rescissions.''.

                TITLE IV--SUPERMAJORITY POINTS OF ORDER

SEC. 401. SUPERMAJORITY POINTS OF ORDER.

    Section 904(c) of the Congressional Budget Act of 1974 is amended
by adding at the end the following new sentence: ``Any point of order
set forth in title III, IV, or VI may be waived or suspended in the
House of Representatives only by the affirmative vote of three-fifths
of the Members voting, a quorum being present.''.

HR 565 IH----2
HR 565 IH----3

Output:
TABLE OF CONTENTS:
     Title I:  Biennial Budget Cycle
     Title II:  Binding Budget Resolution
     Title III:  Enhanced Rescissions
     Title IV:  Supermajority Points of Order
Title I:  Biennial Budget Cycle
 - Amends the Congressional Budget Act of 1974, the Congressional Budget and Impoundment Control Act of 1974, the Rules of the House of Representatives and other Federal law to revise the Federal budget process by establishing a two-year timetable.
Title II:  Binding Budget Resolution
- Replaces the concurrent resolution on the budget with a joint resolution on the budget.
Title III: Enhanced Rescissions
 - Modifies the rescission process and provides for expedited consideration in the House and Senate of certain proposed rescissions.
Title IV: Supermajority Points of Order
 - Allows any point of order which concerns the congressional budget process, fiscal procedures, and budget agreement enforcement provisions to be waived or suspended in the House of Representatives by a three-fifths vote in the House.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Onondaga Lake Restoration Act''.

SEC. 2. ONONDAGA LAKE, NEW YORK.

    (a) Restoration, Conservation, and Management Activities.--Title I
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended by adding at the end the following new section:

``SEC. 123. ONONDAGA LAKE, NEW YORK.

    ``(a) Restoration, Conservation, and Management Activities.--
            ``(1) Establishment of onondaga lake watershed council.--
        The Administrator shall establish a council, to be known as the
        `Onondaga Lake Watershed Council', to develop a plan,
        consistent with subsection (g), for the restoration,
        conservation, and management of Onondaga Lake. The plan shall
        be known as the `Adaptive Management Plan'.
            ``(2) Implementation of adaptive management plan.--The
        Administrator shall cooperate with Federal and State agencies
        and make grants, and otherwise make funds available under
        subsection (f), to carry out the recommendations of the
        Adaptive Management Plan. Such recommendations shall be carried
        out--
                    ``(A) in consultation with the Onondaga Lake
                Watershed Council; and
                    ``(B) with the participation of the public,
                including the Onondaga Nation, Federal, State, and
                local governmental entities, and all other entities
                that may be affected by activities under this section.
    ``(b) Onondaga Lake Watershed Council.--
            ``(1) Duties.--
                    ``(A) Development of adaptive management plan.--The
                Onondaga Lake Watershed Council shall develop and (as
                necessary to achieve the goals identified under
                subsection (c)(1)) periodically revise the Adaptive
                Management Plan in consultation with the Onondaga Lake
                Scientific Center.
                    ``(B) Establishment of program for public
                participation.--The Onondaga Lake Watershed Council
                shall establish and carry out a comprehensive,
                inclusive, and ongoing program for participation of the
                public, including the Onondaga Nation, Federal, State,
                and local governmental entities, and all other entities
                that may be affected by activities under this section,
                in the development and revision of the Adaptive
                Management Plan under subparagraph (A).
            ``(2) Membership.--
                    ``(A) In general.--The Onondaga Lake Watershed
                Council shall consist of the following members:
                            ``(i) The Administrator.
                            ``(ii) The Secretary of the Army.
                            ``(iii) The head of any other interested
                        Federal department or agency, as determined by
                        the Administrator.
                            ``(iv) The Governor of the State of New
                        York.
                            ``(v) A representative designated by the
                        Onondaga Nation Council of Chiefs.
                            ``(vi) A representative designated by the
                        mayor of the City of Syracuse, New York.
                            ``(vii) A representative designated by the
                        County Executive of Onondaga County, New York.
                    ``(B) Ex officio membership.--The Onondaga Lake
                Watershed Council shall consist of the following ex
                officio, non-voting members:
                            ``(i) The Senators from the State of New
                        York.
                            ``(ii) Each Member of the House of
                        Representatives whose congressional district is
                        located all or partially within the Onondaga
                        Lake watershed.
                            ``(iii) Each member of the New York State
                        Legislature whose district is located all or
                        partially within the Onondaga Lake watershed.
                            ``(iv) Such other members as the
                        Administrator determines appropriate.
                    ``(C) Designees.--Any member of the Onondaga Lake
                Watershed Council specified in clauses (i) through (iv)
                of subparagraph (A) or in subparagraph (B) may appoint
                a designee to serve in place of the member on the
                Council.
            ``(3) Committees.--
                    ``(A) Establishment.--The Onondaga Lake Watershed
                Council shall adopt bylaws providing for the
                establishment of standing committees including the
                following:
                            ``(i) A Public Outreach and Participation
                        Committee.
                            ``(ii) A Science and Engineering Committee.
                    ``(B) Appointment.--The Onondaga Lake Watershed
                Council shall appoint members to each committee
                described in subparagraph (A).
    ``(c) Adaptive Management Plan.--
            ``(1) Identification of goals.--The Adaptive Management
        Plan shall identify measurable goals for--
                    ``(A) the restoration, conservation, and management
                of Onondaga Lake; and
                    ``(B) compliance with all provisions of law (except
                a provision of law described in subsection (g)(1)(A))
                affecting the restoration and conservation of Onondaga
                Lake, including the water quality standards established
                for Onondaga Lake (including total maximum daily loads
                established under section 303(d)(C)) and the Amended
                Consent Judgment and all effluent limitations therein
                (or otherwise promulgated under this Act).
            ``(2) Recommendation of strategies.--To achieve the goals
        identified under paragraph (1), the Adaptive Management Plan
        shall incorporate and update the recommendations of the
        Onondaga Lake Management Plan to recommend strategies for
        management of--
                    ``(A) the biological makeup of Onondaga Lake;
                    ``(B) the physical development of Onondaga Lake and
                its surroundings; and
                    ``(C) the use of Onondaga Lake for recreational and
                other purposes.
            ``(3) Coordination with other activities.--The strategies
        recommended under paragraph (2) shall provide for coordination
        with all other activities to restore or conserve, or otherwise
        affecting the restoration or conservation of, Onondaga Lake,
        including ongoing public participation activities, monitoring
        activities, and other activities carried out under Federal or
        State law.
            ``(4) Ongoing evaluation of strategies.--To evaluate the
        effectiveness of the strategies recommended under paragraph (2)
        in achieving the goals identified under paragraph (1), the
        Adaptive Management Plan shall--
                    ``(A) identify specific monitoring parameters by
                which to make such evaluation, and provide for the
                periodic revision of the monitoring parameters to
                achieve such goals;
                    ``(B) establish a monitoring program to measure the
                monitoring parameters identified under subparagraph
                (A); and
                    ``(C) provide for the periodic evaluation of the
                data collected pursuant to the monitoring program
                required by subparagraph (B).
            ``(5) Approval.--The recommendations of the Adaptive
        Management Plan shall not be carried out under subsection
        (a)(2) before the date on which the plan is approved by the
        Administrator and the Governor of the State of New York. The
        Administrator, after providing an opportunity for public review
        and comment, shall approve the plan not later than 120 days
        after the date of its development under subsection (b)(1)(A) if
        the Adaptive Management Plan meets the requirements of this
        section and the Governor of the State of New York concurs in
        such approval.
            ``(6) Effect on onondaga lake management plan.--This
        section shall not be construed to interfere with any activity
        carried out under the Onondaga Lake Management Plan, or any
        other activity affecting the restoration, conservation, or
        management of Onondaga Lake, before the date of approval of the
        Adaptive Management Plan under paragraph (5).
    ``(d) Onondaga Lake Scientific Center.--
            ``(1) Establishment.--The Onondaga Lake Watershed Council
        shall establish and direct a center to be known as the
        `Onondaga Lake Scientific Center'.
            ``(2) Duties.--The Onondaga Lake Scientific Center shall
        advise the Onondaga Lake Watershed Council on--
                    ``(A) development of benchmarks to accomplish the
                goals identified under subsection (c)(1);
                    ``(B) implementation of the strategies recommended
                under subsection (c)(2);
                    ``(C) implementation of the monitoring program
                under subsection (c)(4)(B);
                    ``(D) establishment of the program for public
                participation described in subsection (b)(1)(B); and
                    ``(E) other matters concerning the development and
                implementation of the Adaptive Management Plan.
            ``(3) Membership.--The Onondaga Lake Scientific Center
        shall consist of the following members:
                    ``(A) The Administrator.
                    ``(B) Non-Federal entities appointed by the
                Onondaga Lake Watershed Council, including--
                            ``(i) Syracuse University;
                            ``(ii) the State University of New York
                        College of Environmental Science and Forestry;
                            ``(iii) the Upstate Freshwater Institute;
                            ``(iv) the Onondaga Environmental
                        Institute; and
                            ``(v) such other members as the Onondaga
                        Lake Watershed Council may deem appropriate.
            ``(4) Reporting.--The Onondaga Lake Scientific Center shall
        submit to the Onondaga Lake Watershed Council an annual
        report--
                    ``(A) assessing the effectiveness of the strategies
                recommended under subsection (c)(2) in accomplishing
                the goals identified under subsection (c)(1);
                    ``(B) recommending changes to management and
                monitoring activities to accomplish the goals
                identified under subsection (c)(1); and
                    ``(C) recommending means for implementation of such
                changes.
    ``(e) Onondaga Environmental Institute.--The Onondaga Environmental
Institute, as a condition of receiving grants under subsection (f)(2),
shall provide administrative services for the development and
implementation of the Adaptive Management Plan.
    ``(f) Funding.--
            ``(1) In general.--The Administrator may make funds
        available to members of the Onondaga Lake Watershed Council and
        Onondaga Lake Scientific Center to carry out this section.
            ``(2) Grants.--The Administrator, in consultation with the
        Onondaga Lake Watershed Council, may make grants on a
        noncompetitive basis to the Governor of the State of New York,
        the mayor of the City of Syracuse, New York, the County
        Executive of Onondaga County, New York, and members of the
        Onondaga Lake Scientific Center described in subsection
        (d)(3)(B)--
                    ``(A) to implement the strategies recommended under
                section (c)(2);
                    ``(B) for research, surveys, administrative
                services, and studies; and
                    ``(C) to gather data necessary to carry out the
                objectives of this section.
            ``(3) No relief from liability.--Grants made under this
        subsection shall not relieve from liability any person that
        would otherwise be liable under Federal or State law for
        damages, response costs, natural resource damages, restitution,
        equitable relief, or any other relief.
            ``(4) Matching requirement.--Federal funds expended for
        activities to carry out this section, including funds made
        available under paragraph (1), grants made under paragraph (2),
        and funds used for administrative expenses for such activities
        under subsection (i)(2) shall not exceed 65 percent of the
        costs of such activities. The non-Federal share of such costs
        shall be provided from non-Federal sources, and may be provided
        through the provision of in-kind services.
    ``(g) Relationship to Other Laws.--
            ``(1) No effect on federal or state law or responsibilities
        assigned thereunder.--This section shall not be construed to
        alter, modify, or otherwise affect any other provision of
        Federal or State law or any responsibility assigned thereunder,
        including--
                    ``(A) a provision of law (including a provision of
                the Comprehensive Environmental Response, Compensation,
                and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or
                the New York State Environmental Conservation Law) that
                requires, and assigns responsibility for, the
                performance of cleanup activities (including response
                and removal activities) or other activities affecting
                the restoration or conservation of Onondaga Lake; and
                    ``(B) the responsibility assigned under a provision
                of law described in subparagraph (A).
            ``(2) No effect on existing liabilities.--This section
        shall not be construed to create or enlarge any liability that
        any party may have for natural resource damages under any
        provision of law.
    ``(h) Definitions.--In this section:
            ``(1) Amended consent judgment.--The term `Amended Consent
        Judgment' means the Amended Consent Judgment entered January
        20, 1998, in the case of `Atlantic States Legal Foundation v.
        The Onondaga County Department of Drainage and Sanitation',
        Civil Action No. 88-CV-0066, in the United States District
        Court for the Northern District of New York, as amended.
            ``(2) Onondaga environmental institute.--The term `Onondaga
        Environmental Institute' means the not-for-profit corporation
        established pursuant to section 401(d)(1) of the Great Lakes
        Critical Programs Act of 1990 (Public Law 101-596; 104 Stat.
        3010) and section 411(d)(1) of the Water Resources Development
        Act of 1990 (Public Law 101-640; 104 Stat. 4648).
            ``(3) Onondaga lake.--The term `Onondaga Lake' means
        Onondaga Lake, New York, and its watershed.
            ``(4) Onondaga lake management plan.--The term `Onondaga
        Lake Management Plan' means the plan--
                    ``(A) developed pursuant to section 401(a)(1) of
                the Great Lakes Critical Programs Act of 1990 (Public
                Law 101-596; 104 Stat. 3010) and 411(a)(1) of the Water
                Resources Development Act of 1990 (Public Law 101-640;
                104 Stat. 4648);
                    ``(B) modified by the Amended Consent Judgment; and
                    ``(C) revised under section 573(c)(1) of the Water
                Resources Development Act of 1999 (Public Law 106-53;
                113 Stat. 372), as in effect before the date of the
                enactment of this Act.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        to the Administrator to carry out this section $10,000,000 each
        fiscal year. Amounts so appropriated shall remain available
        until expended.
            ``(2) Administrative expenses.--The Administrator may use
        amounts appropriated under paragraph (1) for administrative
        expenses associated with carrying out this section.''.
    (b) Water Resources Development Act of 1999.--Section 573 of the
Water Resources Development Act of 1999 (Public Law 106-53; 113 Stat.
372) is repealed. Such section 573, as in effect on the day before the
date of the enactment of this Act, shall continue to apply to amounts
appropriated before such date and made available to carry out such
section.

Output:
Onondaga Lake Restoration Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to establish the Onondaga Lake Watershed Council to: (1) develop and periodically revise an Adaptive Management Plan for the restoration, conservation, and management of Onondaga Lake; (2) establish and implement a program for the public's participation in the Plan's development and revision; and (3) establish the Onondaga Lake Scientific Center to advise the Council on development and implementation of the Plan.

Requires the Plan to: (1) identify measurable goals for the restoration, conservation, and management of Onondaga Lake and for compliance with all laws affecting the restoration and conservation of the Lake and the Amended Consent Judgment entered January 20, 1998, in the case of Atlantic States Legal Foundation v. The Onondaga County Department of Drainage and Sanitation; and (2) incorporate and update the recommendations of the Onondaga Lake Management Plan to recommend strategies for management of the biological makeup of the Lake, the physical development of the Lake and its surroundings, and the use of the Lake for recreational and other purposes. Prohibits the Plan's recommendations from being carried out before it is approved by the Administrator and the governor of New York.

 States that this Act shall not affect any other provision of federal or state law or responsibility assigned thereunder, including provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the New York State Environmental Conservation Law that require, and assign responsibility for, the performance of cleanup activities or other activities affecting the restoration or conservation of Onondaga Lake.

Authorizes the Administrator to make funds available to members of the Council and the Center to carry out this Act. Authorizes the Administrator to make grants to specified governmental officials in New York and members of the Center: (1) to implement Plan strategies; (2) for research, surveys, administrative services, and studies; and (3) to gather data.

Amends the Water Resources Development Act of 1999 to revoke provisions that require the Secretary of the Army to plan and construct projects that are consistent with the Onondaga Lake Management Plan and to provide financial assistance for the development and implementation of projects to restore, conserve, and manage the lake.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Duty First Act''.

SEC. 2. FINDINGS.

    The congress finds the following:
            (1) The 1st Infantry Division was constituted on May 24,
        1917, and is the first and oldest permanently established
        combat division of the United States Army. 2017 is the
        centennial of the Division.
            (2) The 1st Infantry Division has been in continuous
        service since its organization.
            (3) The 1st Infantry Division has fought with distinction
        in every major conflict since 1917 except the Korean War, when
        it was on occupation duty in Germany.
            (4) In World War I, the then-First Division was the first
        United States division to arrive in France. It fired the first
        American shots of the war, suffered the first casualties and
        secured the first American victory at the Battle of Cantigny in
        May, 1918. This was also the first modern, combined arms battle
        in American history. It fought with distinction in all
        subsequent campaigns and, after occupation duty in Germany, was
        the last combat division to return home in 1919.
            (5) Five division soldiers received the Medal of Honor in
        World War I.
            (6) In World War II, the 1 ID was the first to deploy to
        Europe. It fought in North Africa and Sicily in 1942 and 1943.
        General George S. Patton, Jr., commander of the United States
        7th Army in the Mediterranean, stated that he would not invade
        Sicily without the 1 ID as the assault division.
            (7) The 1 ID was the lead assault division on Omaha beach
        in Normandy on D-Day, June 6, 1944. Against frightful odds and
        despite multiple challenges, it secured a beach head on a day
        when failure could have altered the outcome of the war.
            (8) The 1 ID played pivotal roles in the liberation of
        France and Belgium; the Battle of the Bulge; the crossing of
        the Rhine River; and the invasion and defeat of Nazi Germany.
        After the war, the Division supported and secured the
        International War Crimes Tribunal at Nuremburg, Germany,
        guarding infamous Nazi officials during the courtroom
        proceedings.
            (9) Seventeen division soldiers received the Medal of Honor
        in World War II.
            (10) The 1 ID was the only United States combat division in
        Europe from 1946 to 1951. It returned to the United States and
        Fort Riley, KS, in 1955.
            (11) The 1 ID was one of the first 2 combat divisions
        deployed to Vietnam in 1965. There it defended the vital
        Highway 13 corridor against enemy infiltration from Cambodia to
        the capital at Saigon. It fought gallantly in Operation
        Junction City, the largest operation of the war, in 1967; and
        in all 3 waves of the Tet Offensive in 1968.
            (12) Twelve division soldiers received the Medal of Honor
        in Vietnam.
            (13) The 1 ID deterred Soviet aggression against NATO
        Europe from 1970 to 1990 with a brigade in Germany and the rest
        of the division deploying there annually from Fort Riley in
        REFORGER exercises that demonstrated United States capability
        and resolve until the Cold War ended.
            (14) The 1 ID deployed to Saudi Arabia in 1991 in
        Operations Desert Shield and Desert Storm. It attacked to
        breach the Iraqi defenses, raced across the desert with the
        United States VIIth Corps, destroying the Iraqi Republican
        Guard Tawakalna Division.
            (15) The 1 ID enforced international peace agreements in
        Bosnia for 31 months between 1996 and 2000; for 4 months in
        Macedonia (FYROM) in 1999; and for 22 months in Kosovo between
        1999 and 2003.
            (16) The 1 ID deployed to Iraq in 2004 to 2005 in OIF II,
        the initial occupation of Iraq, and helped achieve the first
        free and fair elections in the history of Iraq. Its brigade
        combat teams and other elements deployed multiple times to Iraq
        and Afghanistan between 2003 and 2014.
            (17) The 1 ID provided the first ``regionally aligned
        force'' (RAF) to the United States Africa Command and provided
        military assistance to friendly governments across the
        continent of Africa.
            (18) To combat the growing ISIS threat, 1 ID soldiers have
        deployed to Iraq and Kuwait to assist the Iraqi Security Forces
        and other friendly countries in that vital and unstable region.
            (19) The 1 ID will be deployed to Iraq, Afghanistan, and
        Korea in 2016 and 2017, its centennial year.
            (20) Thirty-six soldiers have been decorated with the Medal
        of Honor, and countless others have distinguished themselves in
        combat.
            (21) The 1st Infantry Division has earned several unit
        decorations, including 2 Meritorious Unit Commendations, 3
        French Croix de Guerre, 1 Belgian Fourragere, Republic of
        Vietnam Cross of Gallantry with Palm, 1 Republic of Vietnam
        Civil Action Honor Medal, and was cited twice in the Order of
        the Day of the Belgian Army.
            (22) The 1st Infantry Division has served the United States
        with great valor and distinction since its organization, living
        up to its motto, ``No mission too difficult, no sacrifice too
        great--Duty First''.

SEC. 3. COIN SPECIFICATION.

    (a) Denominations.--The Secretary of Treasury (hereafter in this
Act referred to as the ``Secretary'') shall mint the issue the
following coins:
            (1) $5 gold coins.--Not more than 20,000 $5 coins, which
        shall--
                    (A) weigh 8.359 grams;
                    (B) have a diameter of .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 the diameter of 1.50 inches; and
                    (C) contain not less than 90 percent silver.
            (3) Half-dollar clad coins.--Not more than 200,000 half-
        dollar coins which shall--
                    (A) weight 11.34 grams;
                    (B) have a diameter of 1.205 inches; and
                    (C) be minted to the specifications for half dollar
                coins contained in section 5112(b) of title 31, United
                States Code.
    (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 the purposes of section 5134 of title
31, United States Code, all coins minted under this Act shall be
considered to 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 100 year anniversary of the 1st
        Infantry Division.
            (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 the year 2017; 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
        Society of the 1st Infantry Division and the U.S. Army Center
        of Military History; 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 uncirculated and proof qualities.
    (b) Mint Facility.--Only the West Point Mint may be used to strike
any particular quality of the coins minted under this Act.
    (c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 2018.

SEC. 6. SALE OF COINS.

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

SEC. 7. SURCHARGES.

    (a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
            (1) $35 per coin for the $5 coin;
            (2) $10 per coin for the $1 coin; and
            (3) $5 per coin for the half-dollar 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 Society of the 1st Infantry Division for renovation of
existing 1st Infantry Division Memorial located in the District of
Columbia.
    (c) Audits.--The society of the 1st Infantry Division 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 coin
commemorative coin program issuance limitation under section 5112(m)(1)
of title 31, United State 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.

Output: Duty First Act This bill requires the Department of the Treasury to issue up to 20,000 $5 gold coins, 100,000 $1 silver coins, and 200,000 half-dollar clad coins, emblematic of the 100-year anniversary of the 1st Infantry Division. All surcharges received by Treasury from the sale of such coins shall be paid to the Society of the 1st Infantry Division for renovation of the existing 1st Infantry Division Memorial located in the District of Columbia.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Fairness Act of 1997''.

SEC. 2. DISCRIMINATION PROHIBITED.

    A covered entity shall not subject an individual to different
standards or treatment on any basis other than factors pertaining to
job performance in connection with employment or employment
opportunities, or beginning on the 91st day of employment following
hire or rehire, the compensation, terms conditions, or privileges of
employment.

SEC. 3. QUOTAS PROHIBITED.

    A covered entity shall not adopt or implement a quota pursuant to
this Act on any basis other than factors pertaining to job performance.

SEC. 4. RELIGIOUS EXEMPTION.

    (a) In General.--Except as provided in subsection (b), this Act
shall not apply to religious organizations.
    (b) For-Profit Activities.--This Act shall apply with respect to
employment and employment opportunities that relate to any employment
position that pertains solely to a religious organization's for-profit
activities subject to taxation under section 511(a) of the Internal
Revenue Code of 1986.

SEC. 5. ENFORCEMENT.

    (a) Enforcement Powers.--With respect to the administration and
enforcement of this Act in the case of a claim alleged by an individual
for a violation of this Act--
            (1) the Commission shall have the same powers as the
        Commission has to administer and enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively,
            (2) the Librarian of Congress shall have the same powers as
        the Librarian of Congress has to administer and enforce title
        VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.)
        in the case of a claim alleged by such individual for a
        violation of such title,
            (3) the Board (as defined in section 101 of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) shall have the same powers as the Board has to
        administer and enforce the Congressional Accountability Act of
        1995 in the case of a claim alleged by such individual for a
        violation of section 201(a)(1) of such Act.
            (4) the Attorney General of the United States shall have
        the same powers as the Attorney General has to administer and
        enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.), or
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203,
                1204),
        in the case of a claim alleged by such individual for a
        violation of such title or of section 302(a)(1) of such Act,
        respectively, and
            (5) the courts of the United States shall have the same
        jurisdiction and powers as such courts have to enforce--
                    (A) title VII of the Civil Rights Act of 1964 (42
                U.S.C. 2000e et seq.) in the case of a claim alleged by
                such individual for a violation of such title,
                    (B) sections 302, 303, and 304 of the Government
                Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204)
                in the case of a claim alleged by such individual for a
                violation of section 302(a)(1) of such Act, and
                    (C) the Congressional Accountability Act of 1995
                (Public Law 104-1; 109 Stat. 3) in the case of a claim
                alleged by such individual for a violation of section
                201(a)(1) of such Act.
    (b) Procedures and Remedies.--The procedures and remedies
applicable to a claim alleged by an individual for a violation of this
Act are--
            (1) the procedures and remedies applicable for a violation
        of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
        et seq.) in the case of a claim alleged by such individual for
        a violation of such title,
            (2) the procedures and remedies applicable for a violation
        of section 302(a)(1) of the Government Employee Rights Act of
        1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by
        such individual for a violation of such section, and
            (3) the procedures and remedies applicable for a violation
        of section 201(a)(1) of Congressional Accountability Act of
        1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim
        alleged by such individual for a violation of such section.
    (c) Other Applicable Provisions.--With respect to claims alleged by
covered employees (as defined in section 101 of the Congressional
Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for
violations of this Act, title III of the Congressional Accountability
Act of 1995 shall apply in the same manner as such title applies with
respect to a claims alleged by such covered employees for violations of
section 201(a)(1) of such Act.

SEC. 7. STATE AND FEDERAL IMMUNITY.

    (a) State Immunity.--A State shall not be immune under the eleventh
article of amendment to the Constitution of the United States from an
action in a Federal court of competent jurisdiction for a violation of
this Act. In an action against a State for a violation of this Act,
remedies (including remedies at law and in equity) are available for
the violation to the same extent as such remedies are available in an
action against any public or private entity other than a State.
    (b) Liability of the United States.--The United States shall be
liable for all remedies (excluding punitive damages) under this Act to
the same extent as a private person and shall be liable to the same
extent as a nonpublic party for interest to compensate for delay in
payment.

SEC. 8. ATTORNEYS' FEES.

    In any action or administrative proceeding commenced pursuant to
this Act, the court or the Commission, in its discretion, may allow the
prevailing party, other than the United States, a reasonable attorney's
fee, including expert fees and other litigation expenses, and costs.
The United States shall be liable for the foregoing the same as a
private person.

SEC. 9. POSTING NOTICES.

    A covered entity shall post notices for employees, and for
applicants for employment, describing the applicable provisions of this
Act in the manner prescribed by, and subject to the penalty provided
under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-
10).

SEC. 10. REGULATIONS.

    The Commission shall have authority to issue regulations to carry
out this Act.

SEC. 11. RELATIONSHIP TO OTHER LAWS.

    This Act shall not invalidate or limit the rights, remedies, or
procedures available to an individual under title VII of the Civil
Rights Act of 1964, or any other Federal law or any law of a State or
political subdivision of a State.

SEC. 12. SEVERABILITY.

    If any provision of this Act, or the application of such provision
to any person or circumstance, is held to be invalid, the remainder of
this Act and the application of such provision to other persons or
circumstances shall not be affected thereby.

SEC. 13. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment
of this Act and shall not apply to conduct occurring before such
effective date.

SEC. 14. DEFINITIONS.

    As used in this Act:
            (1) The term ``Commission'' means the Equal Employment
        Opportunity Commission.
            (2) The term ``covered entity'' means an employer,
        employment agency, labor organization, joint labor management
        committee, an entity to which section 717(a) of the Civil
        Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing
        authority to which section 302(a)(1) of the Government Employee
        Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an
        employing authority to which section 201(a) of the
        Congressional Accountability Act of 1995 (Public Law 104-1; 109
        Stat. 3) applies.
            (3) The term ``employer'' has the meaning given such term
        in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(b)), except that a reference in such section to employees
        shall be deemed for purposes of this Act to be a reference to
        full-time employees.
            (4) The term ``employment agency'' has the meaning given
        such term in section 701(c) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(c)).
            (5) The term ``employment or employment opportunities''
        includes job application procedures, hiring, advancement,
        discharge, compensation, job training, or any other term,
        condition, or privilege of employment.
            (6) The term ``labor organization'' has the meaning given
        such term in section 701(d) of the Civil Rights Act of 1964 (42
        U.S.C. 2000e(d)).
            (7) The term ``person'' has the meaning given such term in
        section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(a)).
            (8) The term ``factors pertaining to job performance''
        means--
                    (A) employment history, including referrals from
                previous employers,
                    (B) ability and willingness to comply with the
                performance requirements (including attendance and
                procedures) of the particular employment involved,
                    (C) educational background,
                    (D) any use of a drug or of alcohol, that may
                adversely affect job performance,
                    (E) any conviction of an offense for which a term
                of imprisonment exceeding 1 year could have been
                imposed,
                    (F) any conflict of interest relating to the
                particular employment involved,
                    (G) seniority recognized under an applicable bona
                fide seniority system,
                    (H) ability to work well with others (cooperation
                and teamwork), and
                    (I) insubordination.
            (9) The term ``religious organization'' means--
                    (A) a religious corporation, association, or
                society, or
                    (B) a college, school, university, or other
                educational institution, not otherwise a religious
                organization, if--
                            (i) it is in whole or substantial part
                        controlled, managed, owned, or supported by a
                        religious corporation, association, or society,
                        or
                            (ii) its curriculum is directed toward the
                        propagation of a particular religion.
            (10) The term ``State'' has the meaning given such term in
        section 701(i) of the Civil Rights Act of 1964 (42 U.S.C.
        2000e(i)).

Output:
Workplace Fairness Act of 1997 - Prohibits employment discrimination on any basis other than job performance by covered entities, including entities covered under specified employment discrimination prohibitions of the Civil Rights Act of 1964, as well as employing authorities to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply.  Grants specified powers to administer and enforce this Act to the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of the Office of Compliance (for the Congress), the Attorney General, and Federal courts.
Prohibits quotas.  Declares that this Act does not apply to religious organizations (except in their for-profit activities).  Disallows State immunity.  Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person.  Allows recovery of attorney's fees.  Requires posting notices for employees and applicants.  Sets forth factors that pertain to job performance, including:  (1) ability and willingness to comply with performance requirements (including attendance and procedures); (2) any use of a drug or of alcohol that may adversely affect job performance; (3) any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed; and (4) the ability to work well with others.


Input:
SECTION 1. INCREASE IN DEPOSIT INSURANCE COVERAGE.

    (a) In General.--Section 11(a)(1) of the Federal Deposit Insurance
Act (12 U.S.C. 1821(a)(1)) is amended--
            (1) by striking subparagraph (B) and inserting the
        following new subparagraph:
                    ``(B) Net amount of insured deposit.--The net
                amount due to any depositor at an insured depository
                institution shall not exceed the standard maximum
                deposit insurance amount as determined in accordance
                with subparagraphs (C), (D), (E), and (F) and paragraph
                (3).''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(E) Standard maximum deposit insurance amount
                defined.--For purposes of this Act--
                            ``(i) the term `standard maximum deposit
                        insurance amount' means--
                                    ``(I) until the effective date of
                                final regulations prescribed pursuant
                                to section 9(a)(2) of the Federal
                                Deposit Insurance Reform Act of 2005,
                                $100,000; and
                                    ``(II) on and after such effective
                                date, $100,000 or $500,000, at the
                                option of the insured depository
                                institution, and $250,000 or $500,000
                                for eligible retirement accounts, at
                                the option of the insured depository
                                institution, adjusted as provided under
                                subparagraph (F); and
                            ``(ii) the term `eligible retirement plan'
                        has the same meaning as in section 402(c)(8)(B)
                        of the Internal Revenue Code of 1986.
                    ``(F) Inflation adjustment.--
                            ``(i) In general.--By April 1 of 2009, and
                        the 1st day of each subsequent 5-year period,
                        the Board of Directors and the National Credit
                        Union Administration Board shall jointly
                        consider the factors set forth under clause
                        (v), and, upon determining that an inflation
                        adjustment is appropriate, shall jointly
                        prescribe the amount by which the standard
                        maximum deposit insurance amount and the
                        standard maximum share insurance amount (as
                        defined in 207(k) of the Federal Credit Union
                        Act) applicable to any depositor at an insured
                        depository institution shall be increased by
                        calculating the product of--
                                    ``(I) $100,000 or $500,000, at the
                                option of the insured depository
                                institution, and $250,000 or $500,000
                                for eligible retirement accounts, at
                                the option of the insured depository
                                institution; and
                                    ``(II) the ratio of the published
                                annual value of the Personal
                                Consumption Expenditures Chain-Type
                                Price Index (or any successor index
                                thereto), published by the Department
                                of Commerce, for the calendar year
                                preceding the year in which the
                                adjustment is calculated under this
                                clause, to the published annual value
                                of such index as of the date this
                                subparagraph takes effect. The values
                                used in the calculation under subclause
                                (II) shall be, as of the date of the
                                calculation, the values most recently
                                published by the Department of
                                Commerce.
                            ``(ii) Rounding.--If the amount determined
                        under clause (ii) for any period is not a
                        multiple of $10,000, the amount so determined
                        shall be rounded down to the nearest $10,000.
                            ``(iii) Publication and report to the
                        congress.--Not later than April 5 of any
                        calendar year in which an adjustment is
                        required to be calculated under clause (i) to
                        the standard maximum deposit insurance amount
                        and the standard maximum share insurance amount
                        under such clause, the Board of Directors and
                        the National Credit Union Administration Board
                        shall--
                                    ``(I) publish in the Federal
                                Register the standard maximum deposit
                                insurance amount, the standard maximum
                                share insurance amount, and the amount
                                of coverage under paragraph (3)(A) and
                                section 207(k)(3) of the Federal Credit
                                Union Act, as so calculated; and
                                    ``(II) jointly submit a report to
                                the Congress containing the amounts
                                described in subclause (I).
                            ``(iv) 6-month implementation period.--
                        Unless an Act of Congress enacted before July 1
                        of the calendar year in which an adjustment is
                        required to be calculated under clause (i)
                        provides otherwise, the increase in the
                        standard maximum deposit insurance amount and
                        the standard maximum share insurance amount
                        shall take effect on January 1 of the year
                        immediately succeeding such calendar year.''.

Output:
Amends the Federal Deposit Insurance Act to increase the standard maximum amount of deposit insurance from $100,000 to: (1) $500,000, at the option of the insured depository institution; and (2) $250,000 or $500,000 for eligible retirement accounts, at the institution's option. Requires an annual inflation adjustment.

Directs the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) Board to report to Congress and publish in the Federal Register any such inflation adjustments to the standard maximum deposit insurance amount and to the standard maximum share insurance amount.