Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fixed Asset Relief Act of 2015''.

SEC. 2. BONUS DEPRECIATION INCREASED TO 100 PERCENT AND MADE PERMANENT.

    (a) Increase.--Section 168(k)(1)(A) of the Internal Revenue Code of
1986 is amended by striking ``50 percent'' and inserting ``100
percent''.
    (b) Made Permanent.--Section 168(k)(2) of the Internal Revenue Code
of 1986 is amended to read as follows:
            ``(2) Qualified property.--For purposes of this
        subsection--
                    ``(A) In general.--The term `qualified property'
                means property--
                            ``(i)(I) to which this section applies
                        which has a recovery period of 20 years or
                        less,
                            ``(II) which is computer software (as
                        defined in section 167(f)(1)(B)) for which a
                        deduction is allowable under section 167(a)
                        without regard to this subsection,
                            ``(III) which is water utility property, or
                            ``(IV) which is qualified leasehold
                        improvement property, and
                            ``(ii) the original use of which commences
                        with the taxpayer.
                    ``(B) Exception for alternative depreciation
                property.--The term `qualified property' shall not
                include any property to which the alternative
                depreciation system under subsection (g) applies,
                determined--
                            ``(i) without regard to paragraph (7) of
                        subsection (g) (relating to election to have
                        system apply), and
                            ``(ii) after application of section 280F(b)
                        (relating to listed property with limited
                        business use).
                    ``(C) Special rules.--
                            ``(i) Sale-leasebacks.--For purposes of
                        clause (ii) and subparagraph (A)(ii), if
                        property is--
                                    ``(I) originally placed in service
                                by a person, and
                                    ``(II) sold and leased back by such
                                person within 3 months after the date
                                such property was originally placed in
                                service,
                        such property shall be treated as originally
                        placed in service not earlier than the date on
                        which such property is used under the leaseback
                        referred to in subclause (II).
                            ``(ii) Syndication.--For purposes of
                        subparagraph (A)(ii), if--
                                    ``(I) property is originally placed
                                in service by the lessor of such
                                property,
                                    ``(II) such property is sold by
                                such lessor or any subsequent purchaser
                                within 3 months after the date such
                                property was originally placed in
                                service (or, in the case of multiple
                                units of property subject to the same
                                lease, within 3 months after the date
                                the final unit is placed in service, so
                                long as the period between the time the
                                first unit is placed in service and the
                                time the last unit is placed in service
                                does not exceed 12 months), and
                                    ``(III) the user of such property
                                after the last sale during such 3-month
                                period remains the same as when such
                                property was originally placed in
                                service,
                        such property shall be treated as originally
                        placed in service not earlier than the date of
                        such last sale.
                    ``(D) Coordination with section 280f.--For purposes
                of section 280F--
                            ``(i) Automobiles.--In the case of a
                        passenger automobile (as defined in section
                        280F(d)(5)) which is qualified property, the
                        Secretary shall increase the limitation under
                        section 280F(a)(1)(A)(i) by $8,000.
                            ``(ii) Listed property.--The deduction
                        allowable under paragraph (1) shall be taken
                        into account in computing any recapture amount
                        under section 280F(b)(2).
                            ``(iii) Inflation adjustment.--In the case
                        of any taxable year beginning in a calendar
                        year after 2015, the $8,000 amount in clause
                        (i) shall be increased by an amount equal to--
                                    ``(I) such dollar amount,
                                multiplied by
                                    ``(II) the automobile price
                                inflation adjustment determined under
                                section 280F(d)(7)(B)(i) for the
                                calendar year in which such taxable
                                year begins by substituting `2014' for
                                `1987' in subclause (II) thereof.
                        If any increase under the preceding sentence is
                        not a multiple of $100, such increase shall be
                        rounded to the nearest multiple of $100.
                    ``(E) Deduction allowed in computing minimum tax.--
                For purposes of determining alternative minimum taxable
                income under section 55, the deduction under section
                167 for qualified property shall be determined without
                regard to any adjustment under section 56.''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2014.

Output: Fixed Asset Relief Act of 2015 This bill amends the Internal Revenue Code to increase the additional depreciation allowance (bonus depreciation) from 50% to 100% of the adjusted basis of qualifying business property and to make such increased allowance permanent.


Input:
SECTION 1. TREATMENT OF CERTAIN PROPERTY OF THE SILETZ TRIBE OF THE
              STATE OF OREGON.

    Section 7 of the Siletz Tribe Indian Restoration Act (25 U.S.C.
711e) is amended by adding at the end the following:
    ``(f) Treatment of Certain Property.--
            ``(1) In general.--The Secretary may accept title to any
        additional number of acres of real property located within the
        boundaries of the original 1855 Siletz Coast Reservation
        established by Executive Order dated November 9, 1855,
        comprised of land within the political boundaries of Benton,
        Douglas, Lane, Lincoln, Tillamook, and Yamhill Counties in the
        State of Oregon, if that real property is conveyed or otherwise
        transferred to the United States by or on behalf of the tribe.
            ``(2) Treatment as part of reservation.--Subject to
        paragraph (3), all real property that is taken into trust under
        paragraph (1) shall--
                    ``(A) be considered and evaluated as an on-
                reservation acquisition under part 151.10 of title 25,
                Code of Federal Regulations (or successor regulations);
                and
                    ``(B) become part of the reservation of the tribe.
            ``(3) Approval of county governments.--
                    ``(A) Definition of county.--In this paragraph, the
                term `County' means the following counties in the State
                of Oregon:
                            ``(i) Benton County.
                            ``(ii) Douglas County.
                            ``(iii) Lane County.
                            ``(iv) Lincoln County.
                            ``(v) Tillamook County.
                            ``(vi) Yamhill County.
                    ``(B) Notification to secretary.--
                            ``(i) Opt-in.--
                                    ``(I) In general.--Subject to
                                clause (iii), any real property taken
                                into trust under this subsection shall
                                be considered and evaluated as an on-
                                reservation acquisition under part
                                151.10 of title 25, Code of Federal
                                Regulations (or successor regulations),
                                if the Board of County Commissioners or
                                other appropriate County executive of
                                the County in which the real property
                                is located submits to the Secretary
                                written approval of that consideration
                                and evaluation in the form of a
                                resolution or other appropriate
                                governing document.
                                    ``(II) Action by secretary.--If a
                                Board of County Commissioners or other
                                appropriate County executive submits
                                written approval to the Secretary under
                                subclause (I), the Secretary shall
                                consider and evaluate in accordance
                                with subclause (I) any real property
                                taken into trust in that County under
                                this subsection by not later than 30
                                days after the date on which the
                                Secretary receives the written
                                approval.
                            ``(ii) Other acquisitions.--If a Board of
                        County Commissioners or other appropriate
                        County executive does not submit written
                        approval to the Secretary under subclause (I),
                        any real property taken into trust in that
                        County under this subsection shall be
                        considered and evaluated under the appropriate
                        provisions of part 151 of title 25, Code of
                        Federal Regulations (or successor regulations),
                        as determined by the Secretary.
                            ``(iii) Opt-out.--
                                    ``(I) In general.--A Board of
                                County Commissioners or other
                                appropriate County executive that
                                submits written approval to the
                                Secretary under clause (i)(I) may
                                revoke that approval by submitting to
                                the Secretary written documentation of
                                the revocation in the form of a
                                resolution or other appropriate
                                governing document for--
                                            ``(aa) any real property
                                        taken into trust in that County
                                        under this subsection; or
                                            ``(bb) a specific
                                        transaction in which real
                                        property is taken into trust in
                                        that County under this
                                        subsection.
                                    ``(II) No retroactivity.--Any
                                revocation submitted under subclause
                                (I) shall apply only to real property
                                that is taken into trust on or after
                                the date on which the Secretary
                                receives the revocation.
                                    ``(III) Action by secretary.--
                                            ``(aa) In general.--If a
                                        Board of County Commissioners
                                        or other appropriate County
                                        executive submits a revocation
                                        to the Secretary under
                                        subclause (I)(aa), the
                                        Secretary shall consider and
                                        evaluate any real property
                                        taken into trust in that County
                                        under the appropriate
                                        provisions of part 151 of title
                                        25, Code of Federal Regulations
                                        (or successor regulations), as
                                        determined by the Secretary, by
                                        not later than 30 days after
                                        the date on which the Secretary
                                        receives the revocation.
                                            ``(bb) Specific
                                        transactions.--If a Board of
                                        County Commissioners or other
                                        appropriate County executive
                                        submits a revocation to the
                                        Secretary under subclause
                                        (I)(bb), the Secretary shall
                                        consider and evaluate that
                                        specific transaction in which
                                        real property is taken into
                                        trust in that County under this
                                        subsection under the
                                        appropriate provisions of part
                                        151 of title 25, Code of
                                        Federal Regulations (or
                                        successor regulations), as
                                        determined by the Secretary,
                                        beginning on the date on which
                                        the Secretary receives the
                                        revocation.
            ``(4) Prohibition on gaming.--Any real property taken into
        trust under paragraph (1) shall not be eligible, or used, for
        any gaming activity carried out under the Indian Gaming
        Regulatory Act (25 U.S.C.A. 2701 et seq.).''.

Output:
Amends the Siletz Tribe Indian Restoration Act to authorize the Secretary of the Interior to take into trust for the Siletz Tribe additional lands that lie within the original 1855 Siletz Coast Reservation and are located in Benton, Douglas, Lane, Lincoln, Tillamook, or Yamhill County in Oregon.

Requires such land to be considered and evaluated as an on-reservation acquisition and become part of the Tribe's reservation if the county in which the land is located submits a written approval of such evaluation and consideration to the Secretary. (Off-reservation land acquisition requests require the Secretary to give greater scrutiny to the tribe's justification of the anticipated benefits from the acquisition.)

Prohibits gaming on lands taken into trust pursuant to this Act.


Input:
SECTION 1. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION.

    Part J of title III of the Public Health Service Act (42 U.S.C.
280b et seq.) is amended by inserting after section 393 the following
section:

                  ``prevention of traumatic brain injury

    ``Sec. 393A. (a) In General.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention, may carry
out projects to reduce the incidence of traumatic brain injury. Such
projects may be carried out by the Secretary directly or through awards
of grants or contracts to public or nonprofit private entities. The
Secretary may directly or through such awards provide technical
assistance with respect to the planning, development, and operation of
such projects.
    ``(b) Certain Activities.--Activities under subsection (a) may
include--
        ``(1) the conduct of research into identifying effective
    strategies for the prevention of traumatic brain injury; and
        ``(2) the implementation of public information and education
    programs for the prevention of such injury and for broadening the
    awareness of the public concerning the public health consequences
    of such injury.
    ``(c) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
    ``(d) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.''.

SEC. 2. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH.

    Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61)
is amended--
        (1) in subsection (d)--
            (A) in paragraph (2), by striking ``and'' after the
        semicolon at the end;
            (B) in paragraph (3), by striking the period and inserting
        ``; and''; and
            (C) by adding at the end the following paragraph:
        ``(4) the authority to make awards of grants or contracts to
    public or nonprofit private entities for the conduct of basic and
    applied research regarding traumatic brain injury, which research
    may include--
            ``(A) the development of new methods and modalities for the
        more effective diagnosis, measurement of degree of injury,
        post-injury monitoring and prognostic assessment of head injury
        for acute, subacute and later phases of care;
            ``(B) the development, modification and evaluation of
        therapies that retard, prevent or reverse brain damage after
        acute head injury, that arrest further deterioration following
        injury and that provide the restitution of function for
        individuals with long-term injuries;
            ``(C) the development of research on a continuum of care
        from acute care through rehabilitation, designed, to the extent
        practicable, to integrate rehabilitation and long-term outcome
        evaluation with acute care research; and
            ``(D) the development of programs that increase the
        participation of academic centers of excellence in head injury
        treatment and rehabilitation research and training.''; and
        (2) in subsection (h), by adding at the end the following
    paragraph:
        ``(4) The term `traumatic brain injury' means an acquired
    injury to the brain. Such term does not include brain dysfunction
    caused by congenital or degenerative disorders, nor birth trauma,
    but may include brain injuries caused by anoxia due to near
    drowning. The Secretary may revise the definition of such term as
    the Secretary determines necessary.''.

SEC. 3. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.

    Part E of title XII of the Public Health Service Act (42 U.S.C.
300d-51 et seq.) is amended by adding at the end the following section:

``SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING
              TRAUMATIC BRAIN INJURY.

    ``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration, may make grants to
States for the purpose of carrying out demonstration projects to
improve access to health and other services regarding traumatic brain
injury.
    ``(b) State Advisory Board.--
        ``(1) In general.--The Secretary may make a grant under
    subsection (a) only if the State involved agrees to establish an
    advisory board within the appropriate health department of the
    State or within another department as designated by the chief
    executive officer of the State.
        ``(2) Functions.--An advisory board established under paragraph
    (1) shall advise and make recommendations to the State on ways to
    improve services coordination regarding traumatic brain injury.
    Such advisory boards shall encourage citizen participation through
    the establishment of public hearings and other types of community
    outreach programs. In developing recommendations under this
    paragraph, such boards shall consult with Federal, State, and local
    governmental agencies and with citizens groups and other private
    entities.
        ``(3) Composition.--An advisory board established under
    paragraph (1) shall be composed of--
            ``(A) representatives of--
                ``(i) the corresponding State agencies involved;
                ``(ii) public and nonprofit private health related
            organizations;
                ``(iii) other disability advisory or planning groups
            within the State;
                ``(iv) members of an organization or foundation
            representing traumatic brain injury survivors in that
            State; and
                ``(v) injury control programs at the State or local
            level if such programs exist; and
            ``(B) a substantial number of individuals who are survivors
        of traumatic brain injury, or the family members of such
        individuals.
    ``(c) Matching Funds.--
        ``(1) In general.--With respect to the costs to be incurred by
    a State in carrying out the purpose described in subsection (a),
    the Secretary may make a grant under such subsection only if the
    State agrees to make available, in cash, non-Federal contributions
    toward such costs in an amount that is not less than $1 for each $2
    of Federal funds provided under the grant.
        ``(2) Determination of amount contributed.--In determining the
    amount of non-Federal contributions in cash that a State has
    provided pursuant to paragraph (1), the Secretary may not include
    any amounts provided to the State by the Federal Government.
    ``(d) Application for Grant.--The Secretary may make a grant under
subsection (a) only if an application for the grant is submitted to the
Secretary and the application is in such form, is made in such manner,
and contains such agreements, assurances, and information as the
Secretary determines to be necessary to carry out this section.
    ``(e) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service that carry out activities
regarding traumatic brain injury.
    ``(f) Report.--Not later than 2 years after the date of the
enactment of this section, the Secretary shall submit to the Committee
on Commerce of the House of Representatives, and to the Committee on
Labor and Human Resources of the Senate, a report describing the
findings and results of the programs established under this section,
including measures of outcomes and consumer and surrogate satisfaction.
    ``(g) Definition.--For purposes of this section, the term
`traumatic brain injury' means an acquired injury to the brain. Such
term does not include brain dysfunction caused by congenital or
degenerative disorders, nor birth trauma, but may include brain
injuries caused by anoxia due to near drowning. The Secretary may
revise the definition of such term as the Secretary determines
necessary.
    ``(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $5,000,000 for
each of the fiscal years 1997 through 1999.''.

SEC. 4. STUDY; CONSENSUS CONFERENCE.

    (a) Study.--
        (1) In general.--The Secretary of Health and Human Services (in
    this section referred to as the ``Secretary''), acting through the
    appropriate agencies of the Public Health Service, shall conduct a
    study for the purpose of carrying out the following with respect to
    traumatic brain injury:
            (A) In collaboration with appropriate State and local
        health-related agencies--
                (i) determine the incidence and prevalence of traumatic
            brain injury; and
                (ii) develop a uniform reporting system under which
            States report incidents of traumatic brain injury, if the
            Secretary determines that such a system is appropriate.
            (B) Identify common therapeutic interventions which are
        used for the rehabilitation of individuals with such injuries,
        and shall, subject to the availability of information, include
        an analysis of--
                (i) the effectiveness of each such intervention in
            improving the functioning of individuals with brain
            injuries;
                (ii) the comparative effectiveness of interventions
            employed in the course of rehabilitation of individuals
            with brain injuries to achieve the same or similar clinical
            outcome; and
                (iii) the adequacy of existing measures of outcomes and
            knowledge of factors influencing differential outcomes.
            (C) Develop practice guidelines for the rehabilitation of
        traumatic brain injury at such time as appropriate scientific
        research becomes available.
        (2) Dates certain for reports.--
            (A) Not later than 18 months after the date of the
        enactment of this Act, the Secretary shall submit to the
        Committee on Commerce of the House of Representatives, and to
        the Committee on Labor and Human Resources of the Senate, a
        report describing the findings made as a result of carrying out
        paragraph (1)(A).
            (B) Not later than 3 years after the date of the enactment
        of this Act, the Secretary shall submit to the Committees
        specified in subparagraph (A) a report describing the findings
        made as a result of carrying out subparagraphs (B) and (C) of
        paragraph (1).
    (b) Consensus Conference.--The Secretary, acting through the
Director of the National Center for Medical Rehabilitation Research
within the National Institute for Child Health and Human Development,
shall conduct a national consensus conference on managing traumatic
brain injury and related rehabilitation concerns.
    (c) Definition.--For purposes of this section, the term ``traumatic
brain injury'' means an acquired injury to the brain. Such term does
not include brain dysfunction caused by congenital or degenerative
disorders, nor birth trauma, but may include brain injuries caused by
anoxia due to near drowning. The Secretary may revise the definition of
such term as the Secretary determines necessary.
    (d) Authorizations of Appropriations.--For the purpose of carrying
out subsection (a)(1)(A), there is authorized to be appropriated
$3,000,000 for each of the fiscal years 1997 through 1999. For the
purpose of carrying out the other provisions of this section, there is
authorized to be appropriated an aggregate $500,000 for the fiscal
years 1997 through 1999. Amounts appropriated for such other provisions
remain available until expended.

SEC. 5. TECHNICAL AMENDMENTS.

    Title XXVI of the Public Health Service Act (42 U.S.C. 300ff-11 et
seq.), as amended by Public Law 104-146 (the Ryan White CARE Act
Amendments of 1996), is amended--
        (1) in section 2626--
            (A) in subsection (d), in the first sentence, by striking
        ``(1) through (5)'' and inserting ``(1) through (4)''; and
            (B) in subsection (f), in the matter preceding paragraph
        (1), by striking ``(1) through (5)'' and inserting ``(1)
        through (4)''; and
        (2) in section 2692--
            (A) in subsection (a)(1)(A)--
                (i) by striking ``title XXVI programs'' and inserting
            ``programs under this title''; and
                (ii) by striking ``infection and''; and
            (B) by striking subsection (c) and all that follows and
        inserting the following:
    ``(c) Authorization of Appropriations.--
        ``(1) Schools; centers.--For the purpose of grants under
    subsection (a), there are authorized to be appropriated such sums
    as may be necessary for each of the fiscal years 1996 through 2000.
        ``(2) Dental schools.--For the purpose of grants under
    subsection (b), there are authorized to be appropriated such sums
    as may be necessary for each of the fiscal years 1996 through
    2000.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Output:
Amends the Public Health Service Act to authorize grants and contracts for research and public information projects to reduce the incidence of traumatic brain injury.
(Sec. 2) Requires the National Institutes of Health's trauma research program to include the authority to award grants or contracts for basic and applied traumatic brain injury research.
(Sec. 3) Authorizes grants to States for demonstration projects to improve access to health and other services regarding traumatic brain injury.  Requires State establishment of an advisory board.  Authorizes appropriations.
(Sec. 4) Mandates a study concerning traumatic brain injuries and a national consensus conference on managing traumatic brain injury and rehabilitation.  Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Investment and Economic
Development Fund for the Americas Act of 2003''.

SEC. 2. FINDINGS; STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) The historic economic, political, cultural, and
        geographic relationships among the countries of the Western
        Hemisphere are unique and of continuing special significance to
        the United States.
            (2) The interests of the countries of the Western
        Hemisphere are more interrelated today than ever before.
        Consequently, sound economic, social, and democratic progress
        in each of the countries continues to benefit other countries,
        and lack of it in any country may have serious repercussions in
        others.
            (3) Following the historic Summits of the Americas--the
        1994 Summit in Miami, the 1998 Summit in Santiago, Chile, and
        the 2001 Summit in Quebec City, Canada--the heads of state of
        the countries of the Western Hemisphere accepted the formidable
        challenge of economic and social integration in and between
        their respective countries.
            (4) To make progress toward economic and social
        integration, there is a compelling need to focus on the social
        development of the people of the Americas which, in turn, will
        promote the economic and political development of the region.
            (5) Investment in social development in the Americas,
        including investment in human and social capital, specifically
        in education, health, housing, and labor markets with the goal
        of combating social exclusion and social ills, will consolidate
        political democracy and the rule of law and promote regional
        economic integration and trade in the region.
            (6) The challenge of achieving economic integration between
        one of the world's most developed economies and some of the
        poorest and most vulnerable countries requires a special effort
        to promote social equality, develop skills, and modernize the
        infrastructure in poorer countries that will enable the people
        of these countries to maximize the amount of benefits accrued
        from economic integration.
            (7) The particular challenge facing social and economic
        development in Latin America is the historic and persistent
        highly unequal distribution of wealth. Latin America suffers
        from the most unequal distribution of wealth in the world with
        huge inequities in the distribution of assets including
        education, land, and credit.
            (8) Latin America also confronts the challenge of an
        increasing number of poor people. As of today, approximately
        one-third of the population lives in poverty and increasing
        numbers live in extreme poverty. Poverty exists in all Latin
        American countries but 70 percent of the region's poor live in
        the five largest middle-income countries.
            (9) Marginalized groups, including indigenous populations,
        people of African descent, women, people with disabilities, and
        rural populations, are socially excluded and suffer from
        poverty, stigma, and discrimination.
            (10) Democratic values are dominant throughout the
        Americas, and nearly all governments in the region have come to
        power through democratic elections.
            (11) Nonetheless, existing democratic governments and their
        constituent institutions remain fragile and face critical
        challenges including effective democratic civilian authority
        over these institutions, including the military, the
        consolidation or establishment of independent judicial
        institutions and the rule of law, and the elimination of
        corruption.
            (12) The prosperity, security, and well-being of the United
        States is linked directly to peace, prosperity, and democracy
        in the Americas. The entire region benefits by reducing
        poverty, strengthening the middle class, and promoting the rule
        of law which will also increase markets for United States goods
        and create a better environment for regional investment by
        United States businesses.
            (13) Section 101 of the Foreign Assistance Act of 1961 (22
        U.S.C. 2151) establishes as a principal objective of United
        States foreign assistance the ``encouragement and sustained
        support of the people of developing countries in their efforts
        to acquire the knowledge and resources essential to development
        and to build the economic, political, and social institutions
        which will improve the quality of their lives''.
            (14) It is in the national interests of the United States
        to assist developing countries in the Western Hemisphere as
        they implement the economic and political policies which are
        necessary to achieve equitable economic growth.
            (15) The Summit of the Americas has directly charged the
        multilateral institutions of the Americas, including the
        Organization of American States (OAS), the Inter-American
        Development Bank (IADB), and the new Inter-American Agency for
        Cooperation and Development with mobilizing private-public
        sector partnerships among industry and civil society to help
        achieve equitable development objectives.
            (16) By supporting the purposes and objectives of
        development and applying such purposes and objectives to the
        Americas, a Social Investment and Economic Development Fund for
        the Americas can advance the national interests of the United
        States and can directly improve the lives of the poor and
        marginalized groups, encourage broad-based economic growth
        while protecting the environment, build human capital and
        knowledge, support meaningful participation in democracy, and
        promote peace and justice in the Americas.
    (b) Statement of Policy.--It is, therefore, the policy of the
United States--
            (1) to promote market-based principles, economic
        integration, social development, and trade in and between
        countries of the Americas by--
                    (A) nurturing public-private partnerships and
                microenterprise development;
                    (B) improving the quality of life and investing in
                human capital, specifically targeting education, health
                and disease prevention, and housing;
                    (C) strengthening the rule of law through improved
                efficiency and transparency in government services; and
                    (D) reducing poverty and eliminating the exclusion
                of marginalized populations, including people of
                African descent, indigenous groups, women, and people
                with disabilities; and
            (2) to establish an investment fund for the Western
        Hemisphere to advance the national interests of the United
        States, directly improve the lives of the poor and
        marginalized, encourage broad-based economic growth while
        protecting the environment, build human capital and knowledge,
        support meaningful participation in democratic institutions and
        processes, and promote peace and justice in the Americas.

SEC. 3. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961.

    Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) is amended by adding at the end the following:

 ``CHAPTER 13--SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE
                                AMERICAS

``SEC. 499H. AUTHORIZATION OF ASSISTANCE.

    ``(a) In General.--The President, acting through the Administrator
of the United States Agency for International Development, shall
provide assistance to reduce poverty and foster increased economic
opportunity in the countries of the Western Hemisphere by--
            ``(1) nurturing public-private partnerships and
        microenterprise development;
            ``(2) improving the quality of life and investing in human
        capital, specifically targeting education, health and disease
        prevention, and housing;
            ``(3) strengthening the rule of law through improved
        efficiency and transparency in government services; and
            ``(4) reducing poverty and eliminating the exclusion of
        marginalized populations, including people of African descent,
        indigenous groups, women, and people with disabilities.
    ``(b) Terms and Conditions.--Assistance under this chapter may be
provided on such other terms and conditions as the President may
determine.

``SEC. 499I. TECHNICAL REVIEW COMMITTEE.

    ``(a) In General.--There is established within the United States
Agency for International Development a technical review committee.
    ``(b) Membership.--The President, by and with the advice and
consent of the Senate, shall appoint to serve on the technical review
committee--
            ``(1) individuals with technical expertise with respect to
        the development of Latin America and the Caribbean; and
            ``(2) citizens of the United States with technical
        expertise with respect to development projects and business
        experience.
Technical expertise shall be the sole criterion in making appointments
to the technical review committee.
    ``(c) Duties.--The technical review committee shall review all
projects proposed for funding using assistance provided under section
499H(a), and make recommendations to the President with respect to the
guidelines to be used in evaluating project proposals and the
suitability of the proposed projects for funding.
    ``(d) Conflicts of Interest.--A member of the technical review
committee shall not be permitted to review an application submitted by
an organization with which the member has been or is affiliated.

``SEC. 499J. REPORT.

    ``The President shall prepare and transmit to the Committee on
International Relations of the House of Representatives, the Committee
on Foreign Relations of the Senate, and other appropriate congressional
committees an annual report on the specific programs, projects, and
activities carried out under this chapter during the preceding year,
including an evaluation of the results of such programs, projects, and
activities.

``SEC. 499K. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry
out this chapter $250,000,000 for each of the fiscal years 2005 through
2009.
    ``(b) Additional Authorities.--Amounts appropriated pursuant to
subsection (a)--
            ``(1) may be referred to as the `United States Social
        Investment and Economic Development Fund for the Americas';
            ``(2) are authorized to remain available until expended;
        and
            ``(3) are in addition to amounts otherwise available for
        such purposes.
    ``(c) Funding Limitation.--Not more than 7 percent of the amounts
appropriated pursuant to subsection (a) for a fiscal year may be used
for administrative expenses.''.

SEC. 4. AMENDMENT TO THE INTER-AMERICAN DEVELOPMENT BANK ACT.

    The Inter-American Development Bank Act (22 U.S.C. 283--283z-10) is
amended by adding at the end the following:

``SEC. 39. SOCIAL INVESTMENT AND ECONOMIC DEVELOPMENT FUND FOR THE
              AMERICAS.

    ``(a) In General.--The Secretary of the Treasury shall instruct the
United States Executive Director at the Bank to use the voice, vote,
and influence of the United States to urge the Bank to establish an
account to be known as the `Social Investment and Economic Development
Fund for the Americas' (in this section referred to as the `Fund'),
which is to be operated and administered by the Board of Executive
Directors of the Bank consistent with subsection (b). The United States
Governor of the Bank may vote for a resolution transmitted by the Board
of Executive Directors which provides for the establishment of such an
account, and the operation and administration of the account consistent
with subsection (b).
    ``(b) Governing Rules.--
            ``(1) Use of funds.--The Fund shall be used to provide
        assistance to reduce poverty and foster increased economic
        opportunity in the countries of the Western Hemisphere by--
                    ``(A) nurturing public-private partnerships and
                microenterprise development;
                    ``(B) improving the quality of life and investing
                in human capital, specifically targeting education,
                health and disease prevention, and housing;
                    ``(C) strengthening the rule of law through
                improved efficiency and transparency in government
                services; and
                    ``(D) reducing poverty and eliminating the
                exclusion of marginalized populations, including people
                of African descent, indigenous groups, women, and
                people with disabilities.
            ``(2) Application for funding through a competitive
        process.--Any interested person or organization may submit an
        application for funding by the Fund.
            ``(3) Technical review committee.--
                    ``(A) In general.--The Fund shall have a technical
                review committee.
                    ``(B) Membership.--The Board of Executive Directors
                of the Bank shall appoint to serve on the technical
                review committee--
                            ``(i) individuals with technical expertise
                        with respect to the development of Latin
                        America and the Caribbean; and
                            ``(ii) citizens of the United States with
                        technical expertise with respect to development
                        projects and business experience.
                Technical expertise shall be the sole criterion (other
                than citizenship pursuant to clause (ii)) in making
                appointments to the technical review committee.
                    ``(C) Duties.--The technical review committee shall
                review all projects proposed for funding by the Fund,
                and make recommendations to the Board of Executive
                Directors of the Bank with respect to the guidelines to
                be used in evaluating project proposals and the
                suitability of the proposed projects for funding.
                    ``(D) Conflicts of interest.--A member of the
                technical review committee shall not be permitted to
                review an application submitted by an organization with
                which the member has been or is affiliated.
            ``(4) Review of proposed projects.--Not more frequently
        than annually, the Board of Executive Directors of the Bank
        shall review and make decisions on applications for projects to
        be funded by the Fund, in accordance with procedures which
        provide for transparency. The Board of Executive Directors
        shall provide advance notice to all interested parties of any
        date on which such a review will be conducted.
    ``(c) Contribution Authority.--To the extent and in the amounts
provided in advance in appropriations Acts, the United States Governor
of the Bank may contribute to the Fund $1,250,000,000.
    ``(d) Limitations on Authorization of Appropriations.--
            ``(1) In general.--For the contribution authorized by
        subsection (c), there are authorized to be appropriated for
        payment to the Secretary of the Treasury $250,000,000 for each
        fiscal year beginning with the fiscal year in which the
        resolution described in subsection (a) is adopted.
            ``(2) Additional authorities.--Amounts appropriated
        pursuant to paragraph (1)--
                    ``(A) are authorized to remain available until
                expended; and
                    ``(B) are in addition to amounts otherwise
                available for such purposes.
            ``(3) Funding limitation.--Not more than 7 percent of the
        amounts appropriated pursuant to paragraph (1) for a fiscal
        year may be used for administrative expenses.''.

SEC. 5. SENSE OF CONGRESS.

    It is the sense of Congress that the countries of the Western
Hemisphere should collectively provide assistance equal to the amount
of United States bilateral assistance provided under chapter 13 of part
I of the Foreign Assistance Act of 1961 (as added by section 3(a) of
this Act) and multilateral assistance provided by the Social Investment
and Economic Development Fund for the Americas under section 39 of the
Inter-American Development Bank Act (as added by section 4 of this Act)
for the same purpose for which such assistance was provided.

Output:
Social Investment and Economic Development Fund for the Americas Act of 2003 - Sets forth the policy of the United States to: (1) promote market-based principles, economic integration, social development, and trade in and between countries of the Americas; and (2) establish an investment fund for the Western Hemisphere to advance the national interests of the United States, improve the lives of the poor and marginalized, encourage broad-based economic growth while protecting the environment, build human capital and knowledge, support meaningful participation in democratic institutions and processes, and promote peace and justice in the Americas.

Amends the Foreign Assistance Act of 1961 to require the President to provide assistance to reduce poverty and foster increased economic opportunity in the countries of the Western Hemisphere by: (1) nurturing public-private partnerships and microenterprise development; (2) improving the quality of life and investing in human capital; (3) strengthening the rule of law through improved efficiency and transparency in government services; and (4) reducing poverty and eliminating the exclusion of marginalized populations. Establishes a technical review committee to review the projects proposed for assistance and to make recommendations to the President with respect to the guidelines to be used in evaluating project proposals and the suitability of the proposed projects for funding.

Amends the Inter-American Development Bank Act to require the Secretary of the Treasury to instruct the U.S. Executive Director at the Bank to urge the Bank to establish an account to be operated and administered consistent with the above guidelines. Establishes a technical review committee in the same manner as discussed above.

Expresses the sense of Congress that the countries of the Western Hemisphere should collectively provide assistance equal to the amount of U.S. bilateral and multilateral assistance provided.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Poll Tape Transparency Act of
2008''.

SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR PUBLICATION OF POLL
              TAPES.

    (a) In General.--Section 301(a) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following
new paragraph:
            ``(7) Requirements for publication of poll tapes.--
                    ``(A) Requirements.--Each State shall meet the
                following requirements:
                            ``(i) Upon the closing of the polls at each
                        polling place, the appropriate election
                        official, under the observation of the
                        certified tabulation observers admitted to the
                        polling place under subparagraph (E) (if any),
                        shall announce the vote orally, post a copy of
                        the poll tape reflecting the totals from each
                        voting machine upon which votes were cast in
                        the election at the polling place, and prepare
                        and post a statement of the total number of
                        individuals who appeared at the polling place
                        to cast ballots, determined by reference to the
                        number of signatures in a sign-in book or other
                        similar independent count. Such officials shall
                        ensure that each of the certified tabulation
                        observers admitted to the polling place has
                        full access to observe the process by which the
                        poll tapes and statement are produced and a
                        reasonable period of time to review the poll
                        tapes and statement before the polling place is
                        closed, and (if feasible) shall provide such
                        observers with identical duplicate copies of
                        the poll tapes and statement.
                            ``(ii) As soon as practicable, but in no
                        event later than noon of the day following the
                        date of the election, the appropriate election
                        official shall display (at a prominent location
                        accessible to the public during regular
                        business hours and in or within reasonable
                        proximity to the polling place) a copy of each
                        poll tape and statement prepared under clause
                        (i), and the information shall be displayed on
                        the official public websites of the applicable
                        local election official and chief State
                        election official, together with the name of
                        the designated voting official who entered the
                        information and the date and time the
                        information was entered.
                            ``(iii) Each website on which information
                        is posted under clause (ii) shall include
                        information on the procedures by which
                        discrepancies shall be reported to election
                        officials. If any discrepancy exists between
                        the posted information and the relevant poll
                        tape or statement, the appropriate election
                        official shall display information on the
                        discrepancy on the website on which the
                        information is posted under clause (ii) not
                        later than 24 hours after the official is made
                        aware of the discrepancy, and shall maintain
                        the information on the discrepancy and its
                        resolution (if applicable) on such website
                        during the entire period for which results of
                        the election are typically maintained on such
                        website.
                            ``(iv) The appropriate election official
                        shall preserve archived copies of the poll
                        tapes and statements prepared under clause (i)
                        and reports of discrepancies filed by certified
                        tabulation observers for the period of time
                        during which records and papers are required to
                        be retained and preserved pursuant to title III
                        of the Civil Rights Act of 1960 (42 U.S.C. 1974
                        et seq.) or for the same duration for which
                        archived copies of other records of the
                        election are required to be preserved under
                        applicable State law, whichever is longer.
                    ``(B) Treatment of ballots cast at early voting
                sites.--
                            ``(i) Application.--The requirements of
                        this subparagraph shall apply with respect to
                        poll tapes and statements of the number of
                        voters who voted in person at designated sites
                        prior to the date of the election.
                            ``(ii) Daily count of voters.--At the close
                        of business on each day on which ballots
                        described in clause (i) may be cast prior to
                        the date of the election, the appropriate
                        election official at each such site shall--
                                    ``(I) under the observation of
                                certified tabulation observers admitted
                                to the site under subparagraph (E) (if
                                any), prepare and post a statement of
                                the total number of individuals who
                                appeared at the site to cast ballots,
                                determined by reference to the number
                                of signatures in a sign-in book or
                                other similar independent count, and
                                the total number of ballots cast
                                (excluding information on the votes
                                received by individual candidates), and
                                shall ensure that each of the certified
                                tabulation observers admitted to the
                                site has full access to observe the
                                process by which the statement is
                                produced and a reasonable period of
                                time to review the statement before the
                                site is closed; and
                                    ``(II) display at the site during
                                regular business hours for the duration
                                of the early voting period a paper copy
                                of the statement prepared under
                                subclause (I).
                            ``(iii) Application of general requirements
                        for poll tapes and statements.--Upon the
                        closing of the polls on the date of the
                        election, the appropriate election official at
                        each designated site described in this
                        subparagraph shall meet the requirements of
                        subparagraph (A) (including requirements
                        relating to the role of certified tabulation
                        observers) in the same manner as an election
                        official at a polling place.
                    ``(C) Treatment of absentee ballots.--
                            ``(i) Daily count of ballots mailed and
                        received.--At the close of each business day on
                        which a State mails or accepts absentee ballots
                        cast in an election for Federal office prior to
                        the date of the election, the appropriate
                        election official shall--
                                    ``(I) under the observation of
                                certified tabulation observers admitted
                                under subparagraph (E) to the site at
                                which the ballots are mailed and
                                received (if any), prepare and post a
                                statement of the total number of
                                absentee ballots mailed and received by
                                the official during that day and a
                                separate count of the number of
                                absentee ballots received but rejected
                                (separated into categories of the
                                reasons for rejection), and ensure that
                                each of the certified tabulation
                                observers admitted to the site has full
                                access to observe the process by which
                                the statement is produced and a
                                reasonable period of time to review the
                                statement before the site is closed;
                                and
                                    ``(II) display at the site during
                                regular business hours for the duration
                                of the period during which absentee
                                ballots are processed a paper copy of
                                the statement prepared under subclause
                                (I).
                            ``(ii) Application of general requirements
                        for poll tapes and statements.--At the close of
                        business on the last day on which absentee
                        ballots are counted prior to the certification
                        of the election, the appropriate election
                        official at the site at which absentee ballots
                        are received and counted shall meet the
                        requirements of subparagraph (A) (including
                        requirements relating to the role of certified
                        tabulation observers) in the same manner as an
                        election official at a polling place.
                    ``(D) Daily count of provisional ballots.--At the
                close of business on the day on which the appropriate
                election official determines whether or not provisional
                ballots cast in an election for Federal office will be
                counted as votes in the election (as described in
                section 302(a)(4)), the official shall--
                            ``(i) under the observation of certified
                        tabulation observers admitted under
                        subparagraph (E) to the site at which the
                        determination is made (if any), prepare and
                        post a statement of the number of such ballots
                        for which a determination was made, the number
                        of ballots counted, and the number of ballots
                        rejected (separated into categories of the
                        reason for the rejection), and ensure that each
                        of the certified tabulation observers admitted
                        to the site has full access to observe the
                        process by which the statement is produced and
                        a reasonable period of time to review the
                        statement before the site is closed; and
                            ``(ii) display at the site during regular
                        business hours for the duration of the period
                        during which provisional ballots are processed
                        a paper copy of the statement prepared under
                        clause (i).
                    ``(E) Admission of certified tabulation
                observers.--
                            ``(i) Certified tabulation observer
                        defined.--In this paragraph, a `certified
                        tabulation observer' is an individual who is
                        certified by an appropriate election official
                        as authorized to carry out the responsibilities
                        of a certified tabulation observer under this
                        paragraph.
                            ``(ii) Selection.--In determining which
                        individuals to certify as tabulation observers
                        and admit to a polling place or other location
                        to serve as certified tabulation observers with
                        respect to an election for Federal office, the
                        election official shall give preference to
                        individuals who are affiliated with a candidate
                        in the election, except that--
                                    ``(I) the number of individuals
                                admitted who are affiliated with the
                                same candidate for Federal office may
                                not exceed one; and
                                    ``(II) the maximum number of
                                individuals who may be admitted shall
                                equal the number of candidates in the
                                election plus 3, or such greater number
                                as may be authorized under State law.
                            ``(iii) No effect on admission of other
                        observers.--Nothing in this subparagraph may be
                        construed to limit or otherwise affect the
                        authority of other individuals to enter and
                        observe polling place operations under any
                        other law, including international observers
                        authorized under any treaty or observers of the
                        Federal Government authorized under the Voting
                        Rights Act of 1965.
                    ``(F) No effect on other tabulation requirements.--
                Nothing in this Act may be construed to supersede any
                requirement that an election official at a polling
                place report vote totals to a central tabulation
                facility and address discrepancies the official finds
                in the aggregation of those totals with other vote
                totals.''.
    (b) Effective Date.--Section 301(d) of such Act (42 U.S.C.
15481(d)) is amended by striking ``January 1, 2006'' and inserting
``January 1, 2006 (or, in the case of the requirements of subsection
(a)(7), shall meet such requirements with respect to the first election
for Federal office held after the date of the enactment of the Poll
Tape Transparency Act of 2008 and each subsequent election for Federal
office)''.

Output:
Poll Tape Transparency Act of 2008 - Amends the Help America Vote Act with respect to the requirements for each voting system used in a federal election.

Requires the appropriate election official, upon the closing of the polls at each polling place, and under the observation of the certified tabulation observers admitted to the polling place, to: (1) announce the vote orally; (2) post a copy of the poll tape reflecting the totals from each voting machine in the polling place upon which votes were cast; (3) prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots; and (4) display by noon the following day, at a prominent public location, a copy of each poll tape and statement.

Requires display of such information also on the official public websites of the applicable local election official and chief state election official.

Specifies similar treatment of ballots cast at early voting sites, absentee ballots, and the daily count of provisional ballots.


Input:
SECTION 1. FINDINGS.

    The Congress finds that:
            (1) The United States must increase its supply of energy to
        ensure a continuing prosperous economy and high standard of
        life.
            (2) We currently rely heavily on imports of energy supplies
        from foreign nations and utilize large quantities of carbon
        fuels for electricity generation.
            (3) Hydropower is a domestic energy source which currently
        produces 92,000 megawatts of electricity per year, a figure
        representing 10 percent of the generation capacity in the
        United States.
            (4) The Energy Information Agency estimates that, of the
        75,000 dams in the United States, only 2,400 or three percent
        of these dams currently produce electricity.
            (5) The Energy Information Agency further estimates that
        there are approximately 21,300 megawatts of undeveloped
        capacity at existing dams.
            (6) New technology allows this energy to be utilized with
        little or no environmental effect by adding new turbines to
        existing dams and improving the efficiency of existing
        turbines.
            (7) Hydropower produces electricity without producing
        hazardous waste or air pollutants.
            (8) The 92,000 megawatts of electricity currently generated
        by hydropower avoid the annual emission of 4.75 million tons of
        sulfur dioxide and 2 million tons of nitrous oxide by
        eliminating the need to burn 345 million tons of coal.
            (9) Hydropower is a renewable energy source which, because
        of the natural hydrologic cycle, will continue to be available
        in perpetuity.

SEC. 2. CONSTITUTIONAL AUTHORITY.

    The Constitutional authority on which this Act rests is the power
of Congress to make all laws which shall be necessary and proper as
enumerated in article I, section 8 of the United States Constitution.

SEC. 3. HYDROELECTRIC PRODUCTION INCENTIVES.

    (a) Incentive Payments.--For electric energy generated and sold by
a qualified hydroelectric facility during the incentive period, the
Secretary of Energy (referred to in this section as the ``Secretary'')
shall make, subject to the availability of appropriations, incentive
payments to the owner or operator of such facility. The amount of such
payment made to any such owner or operator shall be as determined under
subsection (e) of this section. Payments under this section may only be
made upon receipt by the Secretary of an incentive payment application
which establishes that the applicant is eligible to receive such
payment and which satisfies such other requirements as the Secretary
deems necessary. Such application shall be in such form, and shall be
submitted at such time, as the Secretary shall establish.
    (b) Definitions.--For purposes of this section:
            (1) Qualified hydroelectric facility.--The term ``qualified
        hydroelectric facility'' means a turbine or other generating
        device owned or solely operated by a non-Federal entity which
        generates hydroelectric energy for sale and which is added to
        an existing dam or conduit.
            (2) Existing dam or conduit.--The term ``existing dam or
        conduit'' means any dam or conduit the construction of which
        was completed before the date of the enactment of this section
        and which does not require any construction or enlargement of
        impoundment or diversion structures (other than repair or
        reconstruction) in connection with the installation of a
        turbine or other generating device.
            (3) Conduit.--The term ``conduit'' has the same meaning as
        when used in section 30(a)(2) of the Federal Power Act.
The terms defined in this subsection shall apply without regard to the
hydroelectric kilowatt capacity of the facility concerned, without
regard to whether the facility uses a dam owned by a governmental or
nongovernmental entity, and without regard to whether the facility
begins operation on or after the date of the enactment of this section.
    (c) Eligibility Window.--Payments may be made under this section
only for electric energy generated from a qualified hydroelectric
facility which begins operation during the period of 10 fiscal years
beginning with the first full fiscal year occurring after the date of
enactment of this Act.
    (d) Incentive Period.--A qualified hydroelectric facility may
receive payments under this section for a period of 10 fiscal years
(referred to in this section as the ``incentive period''). Such period
shall begin with the fiscal year in which electric energy generated
from the facility is first eligible for such payments.
    (e) Amount of Payment.--
            (1) In general.--Payments made by the Secretary under this
        section to the owner or operator of a qualified hydroelectric
        facility shall be based on the number of kilowatt hours of
        hydroelectric energy generated by the facility during the
        incentive period. For any such facility, the amount of such
        payment shall be 1.5 cents per kilowatt hour (adjusted as
        provided in paragraph (2)), subject to the availability of
        appropriations under subsection (g), except that no facility
        may receive more than $1,000,000 in one calendar year.
            (2) Adjustments.--The amount of the payment made to any
        person under this section as provided in paragraph (1) shall be
        adjusted for inflation for each fiscal year beginning after
        calendar year 2005 in the same manner as provided in the
        provisions of section 29(d)(2)(B) of the Internal Revenue Code
        of 1986, except that in applying such provisions the calendar
        year 2005 shall be substituted for calendar year 1979.
    (f) Sunset.--No payment may be made under this section to any
qualified hydroelectric facility after the expiration of the period of
20 fiscal years beginning with the first full fiscal year occurring
after the date of enactment of this Act, and no payment may be made
under this section to any such facility after a payment has been made
with respect to such facility for a period of 10 fiscal years.
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out the purposes of this section
$50,000,000 for each of the fiscal years 2006 through 2015.

SEC. 4. HYDROELECTRIC EFFICIENCY IMPROVEMENT.

    (a) Incentive Payments.--The Secretary of Energy shall make
incentive payments to the owners or operators of hydroelectric
facilities at existing dams to be used to make capital improvements in
the facilities that are directly related to improving the efficiency of
such facilities by at least 3 percent.
    (b) Limitations.--Incentive payments under this section shall not
exceed 10 percent of the costs of the capital improvement concerned and
not more than one payment may be made with respect to improvements at a
single facility. No payment in excess of $1,000,000 may be made with
respect to improvements at a single facility.
    (c) Authorization.--There is authorized to be appropriated to carry
out this section not more than $50,000,000 in each fiscal year after
the fiscal year 2005.

SEC. 5. SMALL HYDROELECTRIC POWER PROJECTS.

    Section 408(a)(6) of the Public Utility Regulatory Policies Act of
1978 is amended by striking ``April 20, 1977'' and inserting ``March 4,
2005''.

SEC. 6. INCREASED HYDROELECTRIC GENERATION AT EXISTING FEDERAL
              FACILITIES.

    (a) In General.--The Secretary of Energy, in consultation with the
Secretary of the Interior and Secretary of the Army, shall conduct
studies of the cost-effective opportunities to increase hydropower
generation at existing federally-owned or operated water regulation,
storage, and conveyance facilities. Such studies shall be completed
within two years after the date of enactment of this Act and
transmitted to the Committee on Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate. An individual study shall be prepared for each of the
Nation's principal river basins. Each such study shall identify and
describe with specificity the following matters:
            (1) Opportunities to improve the efficiency of hydropower
        generation at such facilities through, but not limited to,
        mechanical, structural, or operational changes.
            (2) Opportunities to improve the efficiency of the use of
        water supplied or regulated by Federal projects where such
        improvement could, in the absence of legal or administrative
        constraints, make additional water supplies available for
        hydropower generation or reduce project energy use.
            (3) Opportunities to create additional hydropower
        generating capacity at existing facilities through, but not
        limited to, the construction of additional generating
        facilities, the uprating of generators and turbines, and the
        construction of pumped storage facilities.
            (4) Preliminary assessment of the costs and the economic
        and environmental consequences of such measures.
    (b) Previous Studies.--If studies of the type required by
subsection (a) have been prepared by any agency of the United States
and published within the five years prior to the date of enactment of
this Act, the Secretary of Energy may choose not to perform new studies
and incorporate the information in such studies into the studies
required by subsection (a).
    (c) Authorization.--There is authorized to be appropriated such
sums as may be necessary to carry out the purposes of this section.

SEC. 7. RENEWABLE ENERGY PRODUCTION INCENTIVES PROGRAM.

    Section 1212 of the Energy Policy Act of 1992 is amended in
subsection (b) by inserting after ``and which'' the following ``is a
small hydroelectric power project (as defined in section 408(a)(1) of
the Public Utility Regulatory Policies Act of 1978) or which''.

Output:
Directs the Secretary of Energy to make incentive payments during a specified incentive period to the owner or operator of: (1) a turbine or other generating device owned or solely operated by a non-Federal entity which generates hydroelectric energy for sale and which is added to an existing dam or conduit (a qualified hydroelectric facility); and (2) hydroelectric facilities at existing dams for capital improvements that are directly related to improving their efficiency by at least three percent.

Describes payment limitations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lower Yellowstone Reclamation
Projects Conveyance Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Diversion works.--The term ``Diversion Works'' means
        the land in the N\1/2\NW\1/4\ of Sec. 36, T.18N., R.56E. P. M.,
        Montana, and the diversion dam structure, canal headworks
        structure, and the first section of the main canal, all
        contained therein.
            (2) Intake irrigation district.--The term ``Intake
        Irrigation District'' means the irrigation district by that
        name that is organized under the laws of the State of Montana
        and operates the Intake Project.
            (3) Intake project.--The term ``Intake Project'' means the
        Federal irrigation feature operated by the Intake Irrigation
        District and authorized under the Act of August 11, 1939
        (chapter 717; 53 Stat. 1418).
            (4) Irrigation districts.--The term ``irrigation
        districts'' means--
                    (A) the Intake Irrigation District;
                    (B) the Lower Yellowstone Irrigation District No.
                1;
                    (C) the Lower Yellowstone Irrigation District No.
                2; and
                    (D) the Savage Irrigation District.
            (5) Lower yellowstone irrigation district no. 1.--The term
        ``Lower Yellowstone Irrigation District No. 1'' means the
        irrigation district by that name that is organized under the
        laws of the State of Montana and operates the part of the Lower
        Yellowstone Irrigation Project located in the State of Montana.
            (6) Lower yellowstone irrigation district no. 2.--The term
        ``Lower Yellowstone Irrigation District No. 2'' means the
        irrigation district by that name that is organized under the
        laws of the State of North Dakota and operates the part of the
        Lower Yellowstone Irrigation Project located in the State of
        North Dakota.
            (7) Lower yellowstone irrigation project.--The term ``Lower
        Yellowstone Irrigation Project'' means the Federal irrigation
        feature operated by Lower Yellowstone Irrigation District No. 1
        and Lower Yellowstone Irrigation District No. 2 and authorized
        by the Act of June 17, 1902 (chapter 1093; 32 Stat. 388).
            (8) Memorandum of understanding.--The term ``Memorandum of
        Understanding'' means the memorandum of understanding dated
        November 16, 1999, and any subsequent replacements or
        amendments between the Districts and the Montana Area Office,
        Great Plains Region, Bureau of Reclamation, for the purpose of
        defining certain principles by which the title to the projects
        will be transferred from the United States to the districts.
            (9) Pick-sloan missouri basin program.--The term ``Pick-
        Sloan Missouri Basin Program'' means the comprehensive Federal
        program for multipurpose benefits within the Missouri River
        Basin, including irrigation authorized by section 9 of the Act
        of December 22, 1944, commonly known as the ``Flood Control Act
        of 1944'' (chapter 665; 58 Stat. 891).
            (10) Pick-sloan missouri basin program project use power.--
        The term ``Pick-Sloan Missouri Basin Program Project Use
        Power'' means power available for establishing and maintaining
        the irrigation developments of the Pick-Sloan Missouri Basin
        Program.
            (11) Projects.--The term ``Projects'' means--
                    (A) the Lower Yellowstone Irrigation Project;
                    (B) the Intake Irrigation Project; and
                    (C) the Savage Unit.
            (12) Savage irrigation district.--The term ``Savage
        Irrigation District'' means the irrigation district by that
        name that is organized under the laws of the State of Montana
        and operates the Savage Unit.
            (13) Savage unit.--The term ``Savage Unit'' means the
        Savage Unit of the Pick-Sloan Missouri Basin Program, a Federal
        irrigation development authorized by the Act of December 22,
        1944 (commonly known as the ``Flood Control Act of 1944'')
        (chapter 665; 58 Stat. 891).
            (14) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. CONVEYANCE OF PROJECTS.

    (a) Conveyances.--
            (1) General.--As soon as practicable after the date of
        enactment of this Act, the Secretary shall convey works,
        facilities, and lands of the Projects to the Irrigation
        Districts in accordance with all applicable laws and pursuant
        to the terms of the Memorandum of Understanding. The conveyance
        shall take place in two stages, the first stage to include all
        conveyances under this Act except Diversion Works and the
        second stage to convey the Diversion Works.
            (2) Lands.--
                    (A) General.--All lands, easements, and rights-of-
                way the United States possesses that are to be conveyed
by the Secretary to the respective irrigation districts shall be
conveyed by quitclaim deed. Conveyance of such lands, easements, and
rights-of-way is subject to permits, licenses, leases, rights-of-use,
or right-of-way of record outstanding in third parties on, over, or
across such lands, easements, and rights-of-way.
                    (B) Mineral rights.--Conveyance of all lands herein
                described shall be subject to a reservation by the
                United States reserving all minerals of a nature
                whatsoever, excluding sand and gravel, and subject to
                oil, gas, and other mineral rights heretofore reserved
                of record by or in favor of third parties.
            (3) Water rights.--The Secretary shall transfer to the
        respective Irrigation Districts in accordance with and subject
        to the law of the State of Montana, all natural flow,
        wastewater, seepage, return flow, domestic water, stock water,
        and groundwater rights held in part or wholly in the name of
        the United States that are used to serve the lands within the
        Irrigation Districts.
            (4) Costs.--
                    (A) Reclamation withdrawn lands.--The Irrigation
                Districts shall purchase Reclamation withdrawn lands as
                identified in the Memorandum of Understanding for their
                value in providing operation and maintenance benefits
                to the Irrigation Districts.
                    (B) Savage unit repayment obligations.--
                            (i) Savage irrigation district.--As a
                        condition of transfer, the Secretary shall
                        receive an amount from the Savage Irrigation
                        District equal to the present value of the
                        remaining water supply repayment obligation of
                        $60,480 that shall be treated as full payment
                        under Contract Number I1r-1525, as amended and
                        as extended by Contract No. 9-07-60-WO770.
                            (ii) Pick-sloan missouri basin program
                        construction obligation.--As a condition of
                        transfer, the Secretary shall accept $94,727 as
                        payment from the Pick-Sloan Missouri Basin
                        Program (Eastern Division) power customers
                        under the terms specified in this section, as
                        consideration for the conveyance under this
                        subsection. This payment shall be out of the
                        receipts from the sale of power from the Pick-
                        Sloan Missouri Basin Program (Eastern Division)
                        collected by the Western Area Power
                        Administration and deposited into the
                        Reclamation fund of the Treasury in fiscal year
                        2003. This payment shall be treated as full and
                        complete payment by the power customers of the
                        construction aid-to-irrigation associated with
                        the facilities of the Savage Unit.
    (b) Revocation of Reclamation Withdrawals and Orders.--
            (1) The Reclamation withdrawal established by Public Land
        Order 4711 dated October 6, 1969, for the Lower Yellowstone
        Irrigation Project in lots 1 and 2, section 3, T.23N., R. 59
        E., is hereby revoked in its entirety.
            (2) The Secretarial Order of March 22, 1906, which was
        issued for irrigation works on lots 3 and 4 section 2, T. 23N.,
        R. 59E., and Secretarial Order of August 8, 1905, which was
        issued for irrigation works in section 2, T. 17 N., R. 56 E.
        and section 6, T. 17 N., R. 57 E., are hereby revoked in their
        entirety.
            (3) The Secretarial Order of August 24, 1903, and July 27,
        1908, which were issued in connection with the Lower
        Yellowstone Irrigation Project, are revoked insofar as they
        affect the following lands:
                    (A) Lot 9 of Sec. 2 and lot 2 of Sec. 30, T.18N.,
                R.57E.; lot 3 of Sec. 4, T.19N., R.58E.; lots 2 and 3
                and 6 and 7 of Sec. 12, T.21N, R.58E.; SW\1/4\NW\1/4\
                of Sec. 26, T.22N., R58E; lots 1 and 4 and 7 and NW\1/
                4\SW\1/4\ of Sec. 20, T.22N., R.59E.; SE\1/4\NE\1/4\ of
                Sec. 13, T.23N., R.59E.; and lot 2 of Sec. 18, T.24N.,
                R.60E.; all in the Principal Meridian, Montana.
                    (B) Lot 8 of Sec. 2 and lot 1 and lot 2 and lot 3
                and NE\1/4\NE\1/4\ of Sec. 10 and lot 2 of Sec. 11 and
                lot 6 of Sec. 18 and lot 3 of Sec. 35, T.151N.,
                R.104W.; and lot 7 of Sec. 28, T.152N., R.104W.; all in
                the Fifth Principal Meridian, North Dakota.

SEC. 4. REPORT.

    If the conveyance under this Act has not occurred within 2 years
after the date of the enactment of this Act for the first stage
conveyances as provided in section 3, and 5 years after the date of the
enactment of this Act for the second stage conveyances as provided in
section 3, the Secretary shall provide a report to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Resources of the Senate on the status of the transfer and
anticipated completion date.

SEC. 5. RECREATION MANAGEMENT.

    As a condition of the Conveyance of lands under section 3, the
Secretary shall require that Lower Yellowstone Irrigation District No.
1 and Lower Yellowstone Irrigation District No. 2 convey a perpetual
conservation easement to the State of Montana, at no cost to the State,
for the purposes of protecting, preserving, and enhancing the
conservation values and permitting recreation on Federal lands in part
to be conveyed under this Act. Lower Yellowstone Irrigation District No
1, Lower Yellowstone Irrigation District No. 2, and the State of
Montana have mutually agreed upon such conservation easement.

SEC. 6. PROJECT PUMPING POWER.

    The Secretary shall sustain the irrigation developments established
by the Lower Yellowstone and Intake Projects and the Savage Unit as
components of the irrigation plan under the Pick-Sloan Missouri River
Basin Program and shall continue to provide the Irrigation Districts
with Pick-Sloan Missouri River Basin Project Use power at the
Irrigation Districts' pumping plants, except that the rate shall be at
the preference power rate and there shall be no ability-to-pay
adjustment.

SEC. 7. YELLOWSTONE RIVER FISHERIES PROTECTION.

    (a) General.--The Secretary, prior to the transfer of title of the
Diversion Works and in cooperation with the Irrigation Districts, shall
provide fish protection devices to prevent juvenile and adult fish from
entering the Main Canal of the Lower Yellowstone Irrigation Project and
allow bottom dwelling fish species to migrate above the Project's
Intake Diversion Dam.
    (b) Participation.--The Secretary and the Irrigation District shall
work cooperatively in planning, engineering, and constructing the fish
protection devices.
    (c) Construction Schedule.--Construction of Fish Protection Devices
shall be completed within 2 years after the date of enactment of this
Act.
    (d) Monitoring.--The Secretary, acting through the Commissioner of
the Bureau of Reclamation and the Director of the United States Fish
and Wildlife Service, prior to the transfer of title of the Diversion
Works, shall establish and conduct a monitoring plan to measure the
effectiveness of the devices for a period of 2 years after construction
is completed.
    (e) Modifications.--The Commissioner of the Bureau of Reclamation,
prior to the transfer of title of the Diversion Works, shall be
responsible to modify the devices as necessary to ensure proper
functioning. All modifications shall be completed within 3 years after
the devices were initially constructed.
    (f) Costs.--Costs incurred in planning, engineering, constructing,
monitoring, and modifying all fish protection devices shall be deemed
nonreimbursable.
    (g) Operation, Maintenance, and Replacements Responsibility.--
Following completion of monitoring and modifications required under
this section, the Irrigation Districts shall operate, maintain, and
replace the fisheries protection devices in a manner to ensure proper
functioning.
    (h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to implement this section.

SEC. 8. RELATIONSHIP WITH OTHER LAWS AND FUTURE BENEFITS.

    Upon conveyance of the projects under this Act, the Irrigation
Districts shall not be subject to the Reclamation laws or entitled to
receive any Reclamation benefits under those laws except as provided in
section 6.

SEC. 9. LIABILITY.

    Effective on the date of conveyance of a project under this Act,
the United States shall not be liable under any State or Federal law
for damages of any kind arising out of any act, omission, or occurrence
relating to the projects, except for damages caused by acts of
negligence committed by the United Stated or by its employees, agents,
or contractors prior to the date of this conveyance. Nothing in this
section shall be considered to increase the liability of the United
States beyond that currently provided in chapter 171 of title 28,
United States Code, popularly known as the Federal Tort Act.

SEC. 10. COMPLIANCE WITH LAWS.

    As a condition of the Conveyances under section 3, the Secretary
shall by no later than the date on which the conveyances occur complete
appropriate analyses of the transfer in compliance with the
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), and other applicable laws.

Output: Lower Yellowstone Reclamation Projects Conveyance Act - Directs the Secretary of the Interior to convey the works, facilities, and lands of the Lower Yellowstone Irrigation Project, the Intake Irrigation Project in Montana, and the Savage Unit of the Pick-Sloan Missouri Basin Program to the Lower Yellowstone Irrigation Districts No. 1 (Montana) and No. 2 (North Dakota), the Intake Irrigation District (Montana), and the Savage Irrigation District (Montana), respectively, pursuant to the terms of the Memorandum of Understanding of November 16, 1999, between the Districts and the Bureau of Reclamation. Requires: (1) all conveyances under this Act, except the Diversion Works (land and the diversion dam structure, canal headworks, and first section of the mail canal) to be conveyed in the first stage; and (2) the Diversion Works to be conveyed in the second stage..Requires the Districts to buy Reclamation withdrawn lands as identified in the Memorandum for their value in providing operation and maintenance benefits.Requires the Secretary to accept: (1) an amount equal to the present value of the remaining water supply repayment obligation from the Savage Irrigation District as full payment of such District's share of the construction of the Savage Unit; and (2) a specified amount from the Pick Sloan Missouri Basin Program (Eastern Division) power customers as full payment for the construction aid-to-irrigation associated with Unit facilities.Conditions the conveyance on the Lower Yellowstone Irrigation Districts conveying a perpetual conservation easement to the State of Montana for the purposes of protecting, preserving, and enhancing the conservation values and permitting recreation on Federal lands in part to be conveyed under this Act. Sets forth requirements regarding: (1) continuation of Pick-Sloan Program irrigation components and pumping power service; and (2) Yellowstone River fisheries protection.