Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Investing in Student Success Act of
2014''.

           TITLE I--AUTHORIZATION OF INCOME SHARE AGREEMENTS

SEC. 101. PURPOSE; LAWFULNESS OF INSTRUMENTS; PREEMPTION OF STATE LAW.

    (a) Purpose.--It is the purpose of this title to authorize
individuals to enter into income share agreements for the purposes of
obtaining funds in exchange for agreeing to pay to the holder of the
contract a specified percentage of the individual's future income.
    (b) Lawfulness of Contracts; Preemption.--Any income share
agreement that complies with the requirements of section 102 shall be a
valid, binding, and enforceable contract notwithstanding any State law
limiting or otherwise regulating assignments of future wages or other
income.

SEC. 102. TERMS AND CONDITIONS OF INCOME SHARE AGREEMENT CONTRACTS.

    (a) Definition of Income Share Agreement.--For purposes of this
title, the term ``income share agreement'' means an agreement between
an individual and any other person under which the individual commits
to pay a specified percentage of the individual's future income, for a
specified period of time, in exchange for payments to or on behalf of
such individual for postsecondary education, workforce development, or
other purposes.
    (b) Terms and Conditions of Agreements.--An income share agreement
complies with the requirements of this section if the contract complies
with each of the following conditions:
            (1) Specified percentage of income.--An income share
        agreement shall specify the percentage of future income which
        the individual will be obligated to pay, except that the
        contract shall exempt, at a minimum, the first $10,000
        (adjusted each year to reflect changes in the Consumer Price
        Index for All Urban Consumers published by the Bureau of Labor
        Statistics of the Department of Labor for the most recent 12-
        month period for which such data are available) of an
        individual's income when determining the individual's
        obligation for a given year.
            (2) Definition of income.--An income share agreement shall
        specify the definition of income to be used for purposes of
        calculating an individual's obligation under the contract.
            (3) Aggregate limitation on obligation.--No eligible
        individual may enter into any income share agreement if the
        total percentage of such individual's future income that the
        individual agrees to pay under that contract, and any other
        income share agreements of such individual, exceeds 15 percent
        of such future income.
            (4) Specified duration; extension of period.--An income
        share agreement shall specify the maximum period of time during
        which the individual will be obligated to pay a portion of the
        individual's future income, except that--
                    (A) except as provided in subparagraph (B), such
                period may not exceed 360 months; and
                    (B) such contract may provide that such period may
                be extended by the number of years during which the
                individual's income is below the exemption amount
                specified in the agreement under paragraph (1).
            (5) Early termination.--An income share agreement shall
        specify the terms and conditions by which the individual may
        extinguish the individual's obligations under the contract
        before the end of the payment period specified in the
        agreement, based on the remaining term of such period.
    (c) Required Disclosures.--An income share agreement does not
comply with the requirements of this section unless the individual who
is committing to pay future income is provided, before entry into such
agreement, a disclosure document that clearly and simply discloses
that--
            (1) the agreement is not a debt instrument, and that the
        amount the individual will be required to pay under the
        agreement--
                    (A) may be more or less than the amount provided to
                the individual; and
                    (B) will vary in proportion to the individual's
                future income;
            (2) the obligations of the individual under the agreement
        are not dischargeable under bankruptcy law;
            (3) whether the obligations of the individual under the
        agreement may be extinguished by accelerating payments, and, if
        so, under what terms;
            (4) the duration of the individual's obligations under the
        agreement (absent such accelerating payments), including any
        circumstances under which the contract would be extended;
            (5) the percentage of income the individual is committing
        to pay and the amount of income that is exempt from the
        calculation of the individual's obligation; and
            (6) the definition of income to be used for purposes of
        calculating the individual's obligation.
    (d) Noninterference.--An income share agreement shall not be
construed to give the contract holder any rights over an individual's
actions--it simply represents an obligation by the individual to pay
the specific percentage of future income.

SEC. 103. DEFINITIONS.

    As used in this title:
            (1) State.--The term ``State'' includes, in addition to the
        several States of the Union, the Commonwealth of Puerto Rico,
        the District of Columbia, Guam, American Samoa, the Virgin
        Islands, the government of the Northern Mariana Islands, and
        the Trust Territory of the Pacific Islands.
            (2) State law.--The term ``State law'' means any law,
        decision, rule, regulation, or other action having the effect
        of a law of any State or any political subdivision of a State,
        or any agency or instrumentality of a State or political
        subdivision of a State, except that a law of the United States
        applicable only to the District of Columbia shall be treated as
        a State law (rather than a law of the United States).

SEC. 104. PREEMPTION OF STATE LAW WITH RESPECT TO USURY.

    Income share agreements shall not be subject to State usury laws.

           TITLE II--TAX TREATMENT OF INCOME SHARE AGREEMENTS

SEC. 201. TAX TREATMENT OF INCOME SHARE AGREEMENTS.

    (a) Exclusion From Gross Income of Income Share Agreement
Proceeds.--Payments made under an income share agreement to or on
behalf of the individual who commits to pay a specified percentage of
such individual's future income to another person under such agreement
shall not be includible in the gross income of such individual for
purposes of the Internal Revenue Code of 1986.
    (b) Treatment of Payments of Future Income.--Payments of future
income received by another person under an income share agreement shall
be treated for purposes of the Internal Revenue Code of 1986--
            (1) first, with respect to so much of such payments as does
        not exceed the amount of the payments to which subsection (a)
        applies with respect to such agreement, as a repayment of
        investment in the contract which reduces the holder's basis in
        such agreement, and
            (2) second, as interest which is includible in gross
        income.
    (c) Income Share Agreement.--For purposes of this title, the term
``income share agreement'' has the meaning given such term under title
I.

                  TITLE III--QUALIFIED EDUCATION LOAN

SEC. 301. QUALIFIED EDUCATION LOAN.

    (a) In General.--Paragraph (1) of section 221(d) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Such term includes any income share agreement (as defined in section
102 of the Investing in Student Success Act of 2014), except that
payments made by the taxpayer during the taxable year to meet an income
share agreement obligation shall not be taken into account under
subsection (a)''.
    (b) Information Reporting Not Required.--Subsection (e) of section
6050S of such Code is amended by inserting ``(without regard to the
last sentence thereof)'' after ``section 221(d)(1)''.

   TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME SHARE
                               AGREEMENTS

SEC. 401. AMOUNTS RECEIVED NOT TREATED AS INCOME IN CALCULATION OF
              FINANCIAL NEED UNDER THE HIGHER EDUCATION ACT OF 1965.

    No portion of any amounts received by an individual for entering
into an income share agreement (as such term is defined in title I)
shall be included as income or assets in the computation of expected
family contribution for any program funded in whole or in part under
the Higher Education Act of 1965.

                 TITLE V--INVESTMENT COMPANY TREATMENT

SEC. 501. BUSINESSES MAKING INCOME SHARE AGREEMENTS EXCLUDED FROM
              INVESTMENT COMPANY TREATMENT.

    Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended--
            (1) in paragraph (4), by inserting after ``industrial
        banking,'' the following: ``income share agreements (as defined
        under section 102 of the Investing in Student Success Act of
        2014),''; and
            (2) in paragraph (5), by inserting ``, including income
        share agreements'' after ``services'' each place such term
        appears.

Output: Investing in Student Success Act of 2014 - Declares that income share agreements that meet this Act's requirements are valid, binding, and enforceable contracts that are not subject to state usury laws or state laws regulating assignments of future income. Defines an "income share agreement" as an agreement between an individual and any other person under which the individual commits to pay a specified percentage of the individual's future income, for a specified period of time, in exchange for payments to or on behalf of such individual for postsecondary education, workforce development, or other purposes. Requires such an agreement to:   specify the percentage of future income the individual will be obligated to pay, but it must exempt, at a minimum, the first $10,000 (adjusted annually for inflation) of income each year;   specify what will be considered the individual's income;   prevent the individual from obligating more than 15% of the individual's future income toward such agreement;   specify the maximum period that an individual will be obligated to make payments, not to exceed 360 months (excluding any period during which an individual's income was below the agreement's exempt amount); and   specify the terms and conditions for early termination of an individual's payment period.  Requires individuals, before entering into such an agreement, to be provided with a document that clearly and simply discloses: (1) the terms of the agreement, (2) that the agreement is not a debt instrument, (3) that such individual may be required to pay more or less than the amount received, and (4) that an individual's obligations under the agreement are not dischargeable in bankruptcy. Prohibits such agreements from being construed as giving the contract holder any rights over an individual's actions. Excludes payments that are made under an income share agreement from the individual's gross income for tax purposes. Amends the Internal Revenue Code to include income share agreements as qualified education loans, but denies the deduction for interest paid on such loans. Prohibits amounts individuals receive for entering into an income share agreement from being included as income or assets in the computation of the expected family contribution for any program funded under the Higher Education Act of 1965. Amends the Investment Company Act of 1940 to exclude any person from being treated as an investment company if substantially all of that person's business is confined to making income share agreements.


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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gang Prevention and Youth Recreation
Act of 1993''.

SEC. 2. GRANTS TO CITIES TO PROVIDE EDUCATION, EMPLOYMENT, RECREATION,
              SOCIAL, AND CULTURAL AWARENESS ASSISTANCE TO AT-RISK
              YOUTH.

    The Secretary of Health and Human Services, in consultation with
the Secretary of Education, shall, from amounts appropriated under
section 10, provide grants to not more than 10 selected cities for the
purpose of assisting such cities in establishing and operating teen
resource and education centers in such cities to provide education,
employment, recreation, social, and cultural awareness assistance to
at-risk youth.

SEC. 3. APPLICATION.

    To receive a grant under section 2, a city shall submit to the
Secretary an application in such form and containing such information
as the Secretary may require.

SEC. 4. TEEN RESOURCE AND EDUCATION CENTERS.

    The Secretary may not make a grant under section 2 to a city unless
the city agrees that it will use all amounts received from such grant
to establish and operate, in conjunction with local social service
agencies, at least 2 teen resource and education centers in such city
to provide education, employment, recreation, social, and cultural
awareness assistance to at-risk youth. Teen resource and education
centers established and operated using amounts from a grant under
section 2 shall, at a minimum, meet the following requirements:
            (1) Educational assistance.--The teen resource and
        education centers shall provide educational assistance to at-
        risk youth for the purpose of--
                    (A) providing information on institutions of higher
                education to at-risk youth interested in attending such
                institutions;
                    (B) establishing a scholarship search and resource
                program at the centers to provide assistance to such
                youth in the preparation of financial aid applications,
                scholarship applications, and other relevant forms and
                applications; and
                    (C) establishing and carrying out preparatory
                courses for high school equivalency examinations and
                college entrance examinations at the center.
            (2) Employment and skills training assistance.--The teen
        resource and education centers shall provide employment and
        skills training assistance to at-risk youth by hiring teen peer
        counselors to--
                    (A) provide training to such youth in basic job
                skills, including interviewing, personal appearance,
                and communication with coworkers and superiors;
                    (B) provide job referral services to such youth;
                and
                    (C) establish job banks for such youth by providing
                listings of job openings in local businesses.
            (3) Recreational opportunities.--The teen resource and
        education centers shall provide recreational opportunities for
        at-risk youth by--
                    (A) establishing sports teams for such youth and
                seeking financial support or sponsorship of such teams
                from local businesses;
                    (B) establishing and carrying out cooperative work
                activities at such centers, such as a garden to give
                such youth a chance to work together to achieve
                positive results from their efforts and to distribute
                the food harvested from such garden to the families of
                such youth and to neighborhood soup kitchens;
                    (C) establishing and carrying out creative
                activities, such as writing, music, media, and visual
                art classes to provide such youth with the opportunity
                to channel creative energies and develop creative
                talents; and
                    (D) establishing and carrying out a reading program
                to introduce such youth to the importance of reading.
            (4) Development of social skills.--The teen resource and
        education centers shall provide for the development of the
        social skills of at-risk youth by--
                    (A) hiring adult counselors and providing support
                groups at such centers for the purpose of counseling
                such youth on social and personal issues, including
                issues relating to--
                            (i) problems facing young minorities;
                            (ii) teen-age pregnancy and early
                        parenthood, including pregnancy prevention and
                        pregnancy management, family planning, and sex
                        education, including education relating to
                        acquired immune deficiency syndrome (AIDS);
                            (iii) job preparedness and unemployment;
                        and
                            (iv) crime; and
                    (B) sponsoring trips for such youth to museums,
                State capitals, concerts, plays, and other cultural and
                educational settings and events.
            (5) Cultural awareness.--The teen resource and education
        centers shall assist in raising the cultural awareness of at-
        risk youth by--
                    (A) establishing and carrying out classes on the
                history and culture of African-Americans, Hispanics,
                and other cultural groups to supplement courses taught
                in elementary and secondary schools and to bolster the
                social and personal self-esteem and pride of such
                youth; and
                    (B) encouraging such youth to produce plays,
                stories, and artwork that reflect their cultural
                heritage and pride.
            (6) Financial assistance to college graduates working at
        teen resource and education centers.--
                    (A) In general.--The teen resource and education
                centers shall provide financial assistance from amounts
                received from a grant under section 2 to graduates of
                institutions of higher education who work full-time at
                such centers for the purpose of assisting such
                graduates to repay student loans obtained by such
                graduates to attend such schools.
                    (B) Amount of assistance.--The center may provide
                financial assistance under subparagraph (A) in an
                amount equal to not more than 25 percent of the total
                amount owed by a graduate during any year that such
                graduate is working at such center for the repayment of
                student loans of such graduate. Such assistance may be
                provided to a graduate for up to 4 years that such
                graduate is working at such center.

SEC. 5. CITY REPORT.

    The Secretary may not make a grant under section 2 to a city unless
the city agrees that it will submit, for any fiscal year in which such
city receives a grant under such section, a report to the Secretary
describing the use of such grant, including--
            (1) the number of at-risk youth receiving assistance at
        each teen resource and education center established in such
        city under section 4;
            (2) the types of services and referrals received by such
        at-risk youth; and
            (3) any other information the Secretary determines to be
        appropriate.

SEC. 6. SELECTION.

    (a) In General.--The Secretary shall select cities to receive
grants under section 2 which have a large number of at-risk youth.
    (b) Geographic Diversity.--To the extent practicable, the Secretary
shall make grants to cities under section 2 in a manner which will
equitably distribute such grants among the various regions of the
United States.

SEC. 7. ALLOCATION.

    The Secretary may not make a grant under section 2 in a fiscal year
to any city in an amount totaling more than 10 percent of amounts
appropriated under section 10 for that fiscal year.

SEC. 8. REPORTS.

    (a) Interim Report.--Not later than February 1, 1996, the Secretary
shall submit to the Congress an interim report containing--
            (1) a compilation of the information contained in the city
        reports received by the Secretary pursuant to section 5; and
            (2) a process evaluation of the effectiveness of the grant
        program.
    (b) Final Report.--Not later than February 1, 1997, the Secretary
shall submit to the Congress a final report containing the information
described in subsection (a).

SEC. 9. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) At-risk youth.--The term ``at-risk youth'' means
        individuals who have attained the age of 10 but have not
        attained the age of 23 and who live in a city in which--
                    (A) drug and gang activity, or other violent
                community activity, are prevalent;
                    (B) a large number of youth are unlikely to
                complete an elementary or secondary education;
                    (C) a large number of youth are runaway or homeless
                youth;
                    (D) a large number of individuals receive public
                assistance; and
                    (E) a large number of individuals are single
                parents.
            (2) Institution of higher education.--The term
        ``institution of higher education'' has the meaning given such
        term under section 1201(a) of the Higher Education Act of 1965.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated
$1,000,000,000 for each of the fiscal years 1994 and 1995 to carry out
section 2.
    (b) Availability.--Amounts appropriated under subsection (a) shall
remain available until expended.

Output:
Gang Prevention and Youth Recreation Act of 1993 - Directs the Secretary of Health and Human Services (the Secretary) to make grants to not more than ten selected cities to assist them to establish and operate teen resource and education centers to provide education, employment, recreation, social, and cultural awareness assistance to at-risk youth.
Authorizes the Secretary to make such grants to a city if it applies and agrees to operate at least two such centers.
Requires such centers to offer for at-risk youth:  (1) educational assistance, including information on institutions of higher education, assistance with financial aid applications and scholarship search, and preparatory courses for high school equivalency and college entrance examinations; (2) employment and skills training, including hiring teen peer counselors to provide basic job skills training, job referral services, and job banks; (3) recreational opportunities, such as sports teams, neighborhood gardening and food distribution, creative activities and arts, and reading programs; (4) social skills development, including hiring adult counselors and providing support groups for counseling on social and personal issues; and (5) cultural awareness programs, such as classes in the history and culture of various cultural groups and productions of plays, stories, and artwork reflecting the cultural heritage of such youth.  Requires such centers to provide financial assistance to college graduates who work full-time at the center to assist them to repay part of their student loan debt.
Sets forth grant selection, allocation, and reporting requirements.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insider Trading Prohibition Act''.

SEC. 2. PROHIBITION ON INSIDER TRADING.

    (a) In General.--The Securities Exchange Act of 1934 (15 U.S.C. 78a
et seq.) is amended by adding after section 16 the following new
section:

``SEC. 16A. PROHIBITION ON INSIDER TRADING.

    ``(a) Prohibition Against Trading Securities While in Possession of
Material, Nonpublic Information.--It shall be unlawful for any person,
directly or indirectly, to purchase, sell, or enter into, or cause the
purchase or sale of or entry into, any security, security-based swap,
or security-based swap agreement, while in possession of material,
nonpublic information relating to such security, security-based swap,
or security-based swap agreement, or relating to the market for such
security, security-based swap, or security-based swap agreement, if
such person knows, or recklessly disregards, that such information has
been obtained wrongfully, or that such purchase, sale, or entry would
constitute a wrongful use of such information.
    ``(b) Prohibition Against the Wrongful Communication of Certain
Material, Nonpublic Information.--It shall be unlawful for any person
whose own purchase or sale of a security, security-based swap, or entry
into a security-based swap agreement would violate subsection (a)
(referred to in this subsection as the `communicating person'),
wrongfully to communicate material, nonpublic information relating to
such security, security-based swap, or security-based swap agreement,
or relating to the market for such security, security-based swap, or
security-based swap agreement, to any other person if--
            ``(1) the other person--
                    ``(A) purchases, sells, or causes the purchase or
                sale of, any security or security-based swap or enters
                into or causes the entry into any security-based swap
                agreement, to which such communication relates; or
                    ``(B) communicates the information to another
                person who makes or causes such a purchase, sale, or
                entry while in possession of such information; and
            ``(2) such a purchase, sale, or entry while in possession
        of such information is reasonably foreseeable.
    ``(c) Standard and Knowledge Requirement.--
            ``(1) Standard.--For purposes of this section, trading
        while in possession of material, nonpublic information under
        subsection (a) or communicating material nonpublic information
        under subsection (b) is wrongful only if the information has
        been obtained by, or its communication or use would constitute,
        directly or indirectly--
                    ``(A) theft, bribery, misrepresentation, or
                espionage (through electronic or other means);
                    ``(B) a violation of any Federal law protecting
                computer data or the intellectual property or privacy
                of computer users; or
                    ``(C) conversion, misappropriation, or other
                unauthorized and deceptive taking of such information,
                or a breach of any fiduciary duty or any other personal
                or other relationship of trust and confidence.
            ``(2) Knowledge requirement.--It shall not be necessary
        that the person trading while in possession of such information
        (as proscribed by subsection (a)), or making the communication
        (as proscribed by subsection (b)), know the specific means by
        which the information was obtained or communicated, or whether
        any personal benefit was paid or promised by or to any person
        in the chain of communication, so long as the person trading
        while in possession of such information or making the
        communication, as the case may be, was aware, or recklessly
        disregarded that such information was wrongfully obtained or
        communicated.
    ``(d) Derivative Liability.--Except as provided in section 20(a),
no person shall be liable under this section solely by reason of the
fact that such person controls or employs a person who has violated
this section, if such controlling person or employer did not
participate in, profit from, or directly or indirectly induce the acts
constituting the violation of this section.
    ``(e) Exempted Transactions.--The Commission may, by rule, exempt
any person, security, or transaction, or any class persons securities,
or transactions, from any or all of the provisions of this section,
upon such terms and conditions as it considers necessary or
appropriate, if the Commission determines that such action is not
inconsistent with the purposes of this section. The prohibitions of
this section shall not apply to any person who acts at the specific
direction of, and solely for the account of, a person whose own
securities trading, or communications of material, nonpublic
information, would be lawful under this section.''.
    (b) Conforming Amendments.--The Securities Exchange Act of 1934 (15
U.S.C. 78a et seq.) is further amended--
            (1) in section 21(d)(2), by inserting ``or section 16A,''
        after ``section 10(b) of this title'';
            (2) in section 21A--
                    (A) in subsection (g)(1), by inserting ``and
                section 16A,'' after ``thereunder,''; and
                    (B) in subsection (h)(1), by inserting ``and
                section 16A,'' after ``thereunder,''; and
            (3) in section 21C(f), by inserting ``or section 16A,''
        after ``section 10(b)''.

Output: Insider Trading Prohibition Act This bill amends the Securities Exchange Act of 1934 to prohibit any person from trading securities or effectuating such trades while in possession of related material, nonpublic information, or while either knowing or recklessly disregarding that the information has been obtained wrongfully, or that the transactions would constitute a wrongful use of such information.  It shall also be unlawful for any person whose own securities transactions violate this Act to communicate wrongfully to another person material, nonpublic information relating to either those transactions or the market for them if the other person:   purchases, sells, or causes the purchase or sale of, any security or security-based swap or enters into or causes the entry into any security-based swap agreement, to which such communication relates; or   communicates the information to another person who makes or causes such a transaction while in possession of such information.  The other person's ensuing purchase, sale, or entry while in possession of such information must also be reasonably foreseeable. A standard and a knowledge requirement are prescribed for acts constituting unlawful trading in securities. A person who has neither participated in, profited from, nor induced violations of this Act is shielded from liability even though that person controls or employs the violator. The Securities and Exchange Commission is authorized to exempt from this Act persons, securities, or transactions, subject to any necessary or appropriate terms and conditions, if it determines that the exemption is not inconsistent with the purposes of this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Desalination Energy Consumption
Reduction Act of 2006''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Qualified desalination facility.--The term ``qualified
        desalination facility'' means a facility that--
                    (A) produces for sale to domestic customers
                desalinated seawater, brackish groundwater, or surface
                water whose source water is greater than 1000
                milligrams per liter total dissolved solids;
                    (B) is owned or operated by--
                            (i) a State or any political subdivision,
                        agency, authority, or instrumentality of a
                        State;
                            (ii) an Indian tribe; or
                            (iii) a corporation responsible for
                        providing municipal water service pursuant to
                        State or tribal law;
                    (C) is first used to produce commercial desalinated
                water for sale during the 10-year period beginning on
                October 1 of the first fiscal year occurring after the
                date of enactment of this Act; and
                    (D) uses the best available technology as
                determined by the Secretary.
            (2) Indian tribe.--The term ``Indian tribe'' has the
        meaning given that term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b(e)).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.
            (4) State.--The term ``State'' means the several States,
        the District of Columbia, Puerto Rico, American Samoa, the
        Virgin Islands, Guam, and the Northern Mariana Islands.

SEC. 3. DESALINATED WATER ENERGY CONSUMPTION REDUCTION INCENTIVE
              PAYMENTS.

    (a) Incentive Payments.--The Secretary shall make incentive
payments in an amount determined under subsection (d) to the owners of
qualified desalination facilities to encourage the utilization of the
best available technology to reduce the consumption of electrical
energy in the desalination process.
    (b) Agreement; Deadline.--The Secretary may not make any payment to
the owner or operator of a quailfied desalination facility under this
section unless, not later than the end of fiscal year 2018, the
Secretary enters into a written agreement with the owner or operator to
make such payment.
    (c) Payment Period.--The Secretary may make payments to the owner
or operator of a qualified desalination facility under this section for
a period not to exceed 10 years--
            (1) beginning on the date on which the facility is first
        used to produce desalinated water; and
            (2) ending not later than September 30, 2028.
    (d) Amount of Payment.--
            (1) In general.--Payments made by the Secretary under this
        section to the owner or operator of any qualified desalination
        facility shall be based on the amount of electrical energy
        conserved by the facility below the benchmarks included in the
        formula established under paragraph (2) during the payment
        period described in subsection (c), adjusted as provided in
        paragraph (3).
            (2) Base payment.--The Secretary shall establish a formula
        for making incentive payments to owners of qualified
        desalination facilities producing potable water from source
        waters ranging from 1,000 to 35,000 milligrams per liter total
        dissolved solids or more. The payment shall range from 30 cents
        per 1,000 gallons of potable water produced for any facility
        that can demonstrate a savings of .25 kilowatt hours per gallon
        to 90 cents per 1,000 gallons of potable water produced for any
        facility that can demonstrate a savings of 4.75 kilowatt hours
        per gallon from a benchmark for energy consumption by such
        facilities that ranges along a linear scale from 1.8 kilowatt
        hours per gallon for facilities utilizing source water of 1,000
        milligrams per liter total dissolved solids to 14 kilowatt
        hours per gallon for facilities utilizing source water of
        35,000 milligrams per liter total dissolved solids or more.
            (3) Adjustments.--In the case of any payment made to any
        person under this subsection in a fiscal year beginning after
        calendar year 2008, the amount of such payment shall be
        adjusted by multiplying such amount by the inflation adjustment
        factor (determined under section 45K(d)(2) of the Internal
        Revenue Code of 1986 by substituting ``2008'' for ``1979'' in
        subparagraph (B) thereof) for the calendar year in which the
        payment is made.
    (e) Application.--The Secretary may not make a grant to the owner
or operator of a qualified desalination facility under this section
unless the facility submits an application to the Secretary in such
form, at such time, and containing such information and assurances as
the Secretary may require. Further, as a part of the application the
applicant shall provide a written assurance to the Secretary that the
financial benefit of any incentive payments received by the applicant
will be utilized for the benefit of the rate payers.
    (f) Limitation.--In any fiscal year not more than 60 percent of the
funds made available by the Secretary under this section shall be made
available to the owners or operators of qualified desalination
facilities that obtain source water directly from the sea, an estuary,
or from in-bank extraction wells that are of seawater origin.
    (g) Priority.--In awarding incentive payments under this section,
the Secretary shall give priority to any application for a project
that--
            (1) uses innovative technologies to reduce the energy
        demand of the project;
            (2) uses renewable energy supplies in the desalination
        process;
            (3) provides regional water supply benefits;
            (4) provides a secure source of new water supplies for
        national defense activities;
            (5) reduces the threat of a water supply disruption as a
        result of a natural disaster or acts of terrorism;
            (6) uses technologies that minimize the damage to marine
        life; or
            (7) provides significant water quality benefits.
    (h) Budget Act Compliance.--The authority provided by this section
may be exercised only in such amounts or to such extent as is provided
in advance in appropriations Acts.
    (i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $200,000,000 to carry out this section
for the period encompassing fiscal years 2008 through 2018.

Output:
Desalination Energy Consumption Reduction Act of 2006 - Requires the Secretary of Energy to make specified incentive payments to the owners of qualified desalination facilities for up to ten years to encourage the utilization of the best available technology to reduce the consumption of electrical energy in the desalination process. Limits to 60% the amount of available funds to be provided to facilities that obtain source water directly from the sea, an estuary, or from in-bank extraction wells that are of seawater origin.

Directs the Secretary, in awarding incentive payments, to give priority to projects that: (1) use innovative technologies to reduce its energy demand; (2) use renewable energy supplies; (3) provide regional water supply benefits; (4) provide a secure source of new water supplies for national defense activities; (5) reduce the threat of a water supply disruption as a result of a natural disaster or acts of terrorism; (6) use technologies that minimize the damage to marine life; or (7) provide significant water quality benefits.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Desalination Act of 1996''.

SEC. 2. DEFINITIONS.

    As used in this Act:
        (1) Desalination or desalting.--The terms ``desalination'' or
    ``desalting'' mean the use of any process or technique for the
    removal and, when feasible, adaptation to beneficial use, of
    organic and inorganic elements and compounds from saline or
    biologically impaired waters, by itself or in conjunction with
    other processes.
        (2) Saline water.--The term ``saline water'' means sea water,
    brackish water, and other mineralized or chemically impaired water.
        (3) United states.--The term ``United States'' means the States
    of the United States, the District of Columbia, the Commonwealth of
    Puerto Rico, and the territories and possessions of the United
    States.
        (4) Usable water.--The term ``usable water'' means water of a
    high quality suitable for environmental enhancement, agricultural,
    industrial, municipal, and other beneficial consumptive or
    nonconsumptive uses.
        (5) Secretary.--The term ``Secretary'' means the Secretary of
    the Interior.

SEC. 3. AUTHORIZATION OF RESEARCH AND STUDIES.

    (a) In General.--In order to determine the most cost-effective and
technologically efficient means by which usable water can be produced
from saline water or water otherwise impaired or contaminated, the
Secretary is authorized to award grants and to enter into contracts, to
the extent provided in advance in appropriation Acts, to conduct,
encourage, and assist in the financing of research to develop processes
for converting saline water into water suitable for beneficial uses.
Awards of research grants and contracts under this section shall be
made on the basis of a competitive, merit-reviewed process. Research
and study topics authorized by this section include--
        (1) investigating desalination processes;
        (2) ascertaining the optimum mix of investment and operating
    costs;
        (3) determining the best designs for different conditions of
    operation;
        (4) investigating methods of increasing the economic efficiency
    of desalination processes through dual-purpose co-facilities with
    other processes involving the use of water;
        (5) conducting or contracting for technical work, including the
    design, construction, and testing of pilot systems and test beds,
    to develop desalting processes and concepts;
        (6) studying methods for the recovery of byproducts resulting
    from desalination to offset the costs of treatment and to reduce
    environmental impacts from those byproducts; and
        (7) salinity modeling and toxicity analysis of brine
    discharges, cost reduction strategies for constructing and
    operating desalination facilities, and the horticultural effects of
    desalinated water used for irrigation.
    (b) Project Recommendations and Reports to the Congress.--As soon
as practicable and within three years after the date of enactment of
this Act, the Secretary shall recommend to Congress desalination
demonstration projects or full-scale desalination projects to carry out
the purposes of this Act and to further evaluate and implement the
results of research and studies conducted under the authority of this
section. Recommendations for projects shall be accompanied by reports
on the engineering and economic feasibility of proposed projects and
their environmental impacts.
    (c) Authority To Engage Others.--In carrying out research and
studies authorized in this section, the Secretary may engage the
necessary personnel, industrial or engineering firms, Federal
laboratories, water resources research and technology institutes, other
facilities, and educational institutions suitable to conduct
investigations and studies authorized under this section.
    (d) Alternative Technologies.--In carrying out the purposes of this
Act, the Secretary shall ensure that at least three separate
technologies are evaluated and demonstrated for the purposes of
accomplishing desalination.

SEC. 4. DESALINATION DEMONSTRATION AND DEVELOPMENT.

    (a) In General.--In order to further demonstrate the feasibility of
desalination processes investigated either independently or in research
conducted pursuant to section 3, the Secretary shall administer and
conduct a demonstration and development program for water desalination
and related activities, including the following:
        (1) Desalination plants and modules.--Conduct or contract for
    technical work, including the design, construction, and testing of
    plants and modules to develop desalination processes and concepts.
        (2) Byproducts.--Study methods for the marketing of byproducts
    resulting from the desalting of water to offset the costs of
    treatment and to reduce environmental impacts of those byproducts.
        (3) Economic surveys.--Conduct economic studies and surveys to
    determine present and prospective costs of producing water for
    beneficial purposes in various locations by desalination processes
    compared to other methods.
    (b) Cooperative Agreements.--Federal participation in desalination
activities may be conducted through cooperative agreements, including
cost-sharing agreements, with non-Federal public utilities and State
and local governmental agencies and other entities, in order to develop
recommendations for Federal participation in processes and plants
utilizing desalting technologies for the production of water.

SEC. 5. AVAILABILITY OF INFORMATION.

    All information from studies sponsored or funded under authority of
this Act shall be considered public information.

SEC. 6. TECHNICAL AND ADMINISTRATIVE ASSISTANCE.

    The Secretary may--
        (1) accept technical and administrative assistance from States
    and public or private agencies in connection with studies, surveys,
    location, construction, operation, and other work relating to the
    desalting of water, and
        (2) enter into contracts or agreements stating the purposes for
    which the assistance is contributed and providing for the sharing
    of costs between the Secretary and any such agency.

SEC. 7. COST SHARING.

    The Federal share of the cost of a research, study, or
demonstration project or a desalination development project or activity
carried out under this Act shall not exceed 50 percent of the total
cost of the project or research or study activity. A Federal
contribution in excess of 25 percent for a project carried out under
this Act may not be made unless the Secretary determines that the
project is not feasible without such increased Federal contribution.
The Secretary shall prescribe appropriate procedures to implement the
provisions of this section. Costs of operation, maintenance, repair,
and rehabilitation of facilities funded under the authority of this Act
shall be non-Federal responsibilities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Section 3.--There are authorized to be appropriated to carry
out section 3 of this Act $5,000,000 per year for fiscal years 1997
through 2002. Of these amounts, up to $1,000,000 in each fiscal year
may be awarded to institutions of higher education, including United
States-Mexico binational research foundations and interuniversity
research programs established by the two countries, for research grants
without any cost-sharing requirement.
    (b) Section 4.--There are authorized to be appropriated to carry
out section 4 of this Act $25,000,000 for fiscal years 1997 through
2002.

SEC. 9. CONSULTATION.

    In carrying out the provisions of this Act, the Secretary shall
consult with the heads of other Federal agencies, including the
Secretary of the Army, which have experience in conducting desalination
research or operating desalination facilities. The authorization
provided for in this Act shall not prohibit other agencies from
carrying out separately authorized programs for desalination research
or operations.

                               Speaker of the House of Representatives.

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

Output:
Water Desalination Act of 1996 - Authorizes the Secretary of the Interior to award grants and contracts to conduct, encourage, and assist in the financing of research to develop processes for converting saline water into water suitable for beneficial uses. Provides appropriate research and study topics.
Requires the Secretary to recommend to the Congress desalination demonstration projects or full-scale desalination projects to carry out the purposes of this Act and to further evaluate and implement the results of the research and studies conducted.
(Sec. 4) Directs the Secretary to administer and conduct a demonstration and development program for water desalination and related activities, including desalination plants and modules, byproducts marketing, economic cost surveys, and desalination cooperative agreements.
(Sec. 5) Requires all information from studies sponsored or funded under this Act to be considered public information.
(Sec. 6) Authorizes the Secretary to accept technical and administrative assistance in carrying out this Act.
(Sec. 7) Provides Federal cost-sharing limitations for demonstration or development projects conducted under this Act.
(Sec. 8) Authorizes appropriations for FY 1997 through 2002.
(Sec. 9) Requires the Secretary to consult with the heads of Federal agencies which have experience in conducting desalination research or operating desalination facilities.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Customs Training Enhancement Act''.

SEC. 2. EDUCATIONAL SEMINARS TO IMPROVE ABILITY OF U.S. CUSTOMS AND
              BORDER PROTECTION PERSONNEL TO CLASSIFY AND APPRAISE
              IMPORTED ARTICLES.

    (a) Educational Seminars.--
            (1) In general.--The Commissioner shall establish and carry
        out educational seminars at United States ports of entry to
        improve the ability of U.S. Customs and Border Protection
        personnel to classify and appraise articles imported into the
        United States in accordance with the customs laws of the United
        States, including to improve the ability of U.S. Customs and
        Border Protection personnel to identify and prevent the
        mislabeling and transshipment of articles.
            (2) Number and exception.--The Commissioner shall establish
        and carry out not less than 15 educational seminars each year
        under paragraph (1). The Commissioner may establish and carry
        out fewer than 15 seminars each year under paragraph (1) if the
        Commissioner determines and notifies Congress that it is
        appropriate to do so.
    (b) Content.--
            (1) In general.--The Commissioner and interested parties
        selected under subsection (d) should provide instruction and
        related instructional materials at each educational seminar to
        U.S. Customs and Border Protection personnel and, as
        appropriate, U.S. Immigration and Customs Enforcement personnel
        on the following:
                    (A) Conducting a physical inspection of an article
                imported into the United States, including testing of
                samples of the article, to determine if the article is
                mislabeled in the manifest or other accompanying
                documentation.
                    (B) Reviewing the manifest and other accompanying
                documentation of an article imported into the United
                States to determine if--
                            (i) the country of origin of the article
                        listed in the manifest or other accompanying
                        documentation is accurate; and
                            (ii) the industry supply chain represented
                        in the manifest or other accompanying
                        documentation is accurate.
                    (C) Other related matters as determined to be
                appropriate by the Commissioner.
            (2) Approval of commissioner.--The instruction and related
        instructional materials at each educational seminar shall be
        subject to the approval of the Commissioner.
    (c) Costs and Expenses.--The Commissioner shall pay the costs to
establish and carry out each educational seminar and shall pay expenses
for U.S. Customs and Border Protection personnel, U.S. Immigration and
Customs Enforcement personnel, and interested parties to provide
instruction in or receive training at the seminar.
    (d) Selection Process.--
            (1) In general.--The Commissioner shall establish a process
        to solicit, evaluate, and select interested parties for
        purposes of assisting in providing instruction in the
        educational seminars under this section.
            (2) Criteria.--The Commissioner shall, in consultation with
        the United States International Trade Commission, evaluate and
        select interested parties under the process established under
        paragraph (1) based on--
                    (A) availability and usefulness;
                    (B) the volume, value, and incidence of mislabeling
                of an imported article that relates to a comparable
                domestic product of the interested party; and
                    (C) other appropriate criteria established by the
                Commissioner.
            (3) Public availability.--The Commissioner shall publish in
        the Federal Register a detailed description of the process
        established under paragraph (1) and the criteria established
        under paragraph (2).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commissioner.--The term ``Commissioner'' means the
        Commissioner responsible for U.S. Customs and Border
        Protection.
            (2) Comparable domestic product.--The term ``comparable
        domestic product'' means a product which is comparable in
        characteristics and uses with an article imported into the
        United States and which is covered by an educational seminar
        under this Act.
            (3) Customs laws of the united states.--The term ``customs
        laws of the United States'' means any law or regulation
        enforced or administered by U.S. Customs and Border Protection.
            (4) Interested party.--The term ``interested party''
        means--
                    (A) a manufacturer, producer, or wholesaler in the
                United States of a comparable domestic product;
                    (B) a certified union or recognized union or group
                of workers which is representative of an industry
                engaged in the manufacture, production, or wholesale in
                the United States of a comparable domestic product;
                    (C) a trade or business association a majority of
                whose members manufacture, produce, or wholesale a
                comparable domestic product in the United States; or
                    (D) an association, a majority of whose members is
                composed of interested parties described in
                subparagraph (A), (B), or (C) with respect to a
                comparable domestic product.
            (5) United states.--The term ``United States'' means the
        customs territory of the United States, as defined in General
        Note 2 to the Harmonized Tariff Schedule of the United States.
            (6) U.S. customs and border protection personnel.--The term
        ``U.S. Customs and Border Protection personnel'' means Import
        Specialists and other appropriate employees of U.S. Customs and
        Border Protection.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act
$3,000,000 for each of the fiscal years 2013 through 2017.

Output: Customs Training Enhancement Act - Directs the Commissioner of the U.S. Customs and Border Protection (CBP) to establish educational seminars at U.S. ports of entry to improve the ability of CBP personnel to classify and appraise articles imported into the United States in accordance with U.S. customs laws, including their ability to identify and prevent the mislabeling and transshipment of such articles.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Steel Loan Guarantee
Program''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States steel industry has been severely
        harmed by a record surge of more than 40,000,000 tons of steel
        imports into the United States in 1998, caused by the world
        financial crisis;
            (2) this surge in imports resulted in the loss of more than
        10,000 steel worker jobs in 1998, and was the imminent cause of
        3 bankruptcies by medium-sized steel companies, Acme Steel,
        Laclede Steel, and Geneva Steel;
            (3) the crisis also forced almost all United States steel
        companies into--
                    (A) reduced volume, lower prices, and financial
                losses; and
                    (B) an inability to obtain credit for continued
                operations and reinvestment in facilities;
            (4) the crisis also has affected the willingness of private
        banks and investment institutions to make loans to the U.S.
        steel industry for continued operation and reinvestment in
        facilities;
            (5) these steel bankruptcies, job losses, and financial
        losses are also having serious negative effects on the tax base
        of cities, counties, and States, and on the essential health,
        education, and municipal services that these government
        entities provide to their citizens; and
            (6) a strong steel industry is necessary to the adequate
        defense preparedness of the United States in order to have
        sufficient steel available to build the ships, tanks, planes,
        and armaments necessary for the national defense.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Board'' means the Loan Guarantee Board
        established under section 5;
            (2) the term ``Program'' means the Emergency Steel
        Guaranteed Loan Program established under section 4; and
            (3) the term ``qualified steel company'' means any company
        that--
                    (A) is incorporated under the laws of any State;
                    (B) is engaged in the production and manufacture of
                a product defined by the American Iron and Steel
                Institute as a basic steel mill product, including
                ingots, slab and billets, plates, flat-rolled steel,
                sections and structural products, bars, rail type
                products, pipe and tube, and wire rod; and
                    (C) has experienced layoffs, production losses, or
                financial losses since the beginning of the steel
                import crisis, after January 1, 1998.

SEC. 4. ESTABLISHMENT OF EMERGENCY STEEL GUARANTEED LOAN PROGRAM.

    There is established the Emergency Steel Guaranteed Loan Program,
to be administered by the Board, the purpose of which is to provide
loan guarantees to qualified steel companies in accordance with this
Act.

SEC. 5. LOAN GUARANTEE BOARD MEMBERSHIP.

    There is established a Loan Guarantee Board, which shall be
composed of--
            (1) the Secretary of Commerce, who shall serve as Chairman
        of the Board;
            (2) the Secretary of Labor; and
            (3) the Secretary of the Treasury.

SEC. 6. LOAN GUARANTEE PROGRAM.

    (a) Authority.--The Program may guarantee loans provided to
qualified steel companies by private banking and investment
institutions in accordance with the procedures, rules, and regulations
established by the Board.
    (b) Total Guarantee Limit.--The aggregate amount of loans
guaranteed and outstanding at any one time under this Act may not
exceed $1,000,000,000.
    (c) Individual Guarantee Limit.--The aggregate amount of loans
guaranteed under this Act with respect to a single qualified steel
company may not exceed $250,000,000.
    (d) Minimum Guarantee Amount.--No single loan in an amount that is
less than $25,000,000 may be guaranteed under this Act, except that the
Board may, in exceptional circumstances, guarantee smaller loans.
    (e) Timelines.--The Board shall approve or deny each application
for a guarantee under this Act as soon as possible after receipt of
such application.
    (f) Additional Costs.--For the additional cost of the loans
guaranteed under this section, including the costs of modifying the
loans as defined in section 502 of the Congressional Budget Act of 1974
(2 U.S.C. 661a), there is authorized to be appropriated $140,000,000,
to remain available until expended.
    (g) Requirements for Loan Guarantees.--A loan guarantee may be
issued under this Act upon application to the Board by a qualified
steel company pursuant to an agreement to provide a loan to that
qualified steel company by a private bank or investment company, if the
Board determines that--
            (1) credit is not otherwise available to that company under
        reasonable terms or conditions sufficient to meet its financing
        needs, as reflected in the financial and business plans of that
        company;
            (2) the prospective earning power of that company, together
        with the character and value of the security pledged, furnish
        reasonable assurance of repayment of the loan to be guaranteed
        in accordance with its terms;
            (3) the loan to be guaranteed bears interest at a rate
        determined by the Board to be reasonable, taking into account
        the current average yield on outstanding obligations of the
        United States with remaining periods of maturity comparable to
        the maturity of such loan; and
            (4) the company has agreed to an audit by the General
        Accounting Office, prior to the issuance of the loan guarantee
        and annually while any such guaranteed loan is outstanding.
    (h) Terms and Conditions of Loan Guarantees.--
            (1) Loan duration.--All loans guaranteed under this Act
        shall be payable in full not later than December 31, 2005, and
        the terms and conditions of each such loan shall provide that
        the loan may not be amended, or any provision thereof waived,
        without the consent of the Board.
            (2) Loan security.--Any commitment to issue a loan
        guarantee under this Act shall contain such affirmative and
        negative covenants and other protective provisions that the
        Board determines are appropriate. The Board shall require
        security for the loans to be guaranteed under this Act at the
        time at which the commitment is made.
            (3) Fees.--A qualified steel company receiving a guarantee
        under this Act shall pay a fee in an amount equal to 0.5
        percent of the outstanding principal balance of the guaranteed
        loan to the Department of the Treasury.
    (i) Reports to Congress.--The Secretary of Commerce shall submit to
the Congress annually a full report of the activities of the Board
under this Act during fiscal years 1999 and 2000, and annually
thereafter, during such period as any loan guaranteed under this Act is
outstanding.

SEC. 7. SALARIES AND ADMINISTRATIVE EXPENSES.

    For necessary expenses to administer the Program, there is
authorized to be appropriated to the Department of Commerce $5,000,000,
to remain available until expended, which may be transferred to the
Office of the Assistant Secretary for Trade Development of the
International Trade Administration.

SEC. 8. TERMINATION OF GUARANTEE AUTHORITY.

    The authority of the Board to make commitments to guarantee any
loan under this Act shall terminate on December 31, 2001.

SEC. 9. REGULATORY ACTION.

    The Board shall issue such final procedures, rules, and regulations
as may be necessary to carry out this Act not later than 60 days after
the date of enactment of this Act.

SEC. 10. IRON ORE COMPANIES.

    (a) In General.--Subject to the requirements of this section, an
iron ore company incorporated under the law of any State shall be
treated as a qualified steel company for purposes of the Program.
    (b) Total Guarantee Limit for Iron Ore Companies.--Of the aggregate
amount of loans authorized to be guaranteed and outstanding at any one
time under section 6(b), not to exceed $30,000,000 of the amount of
loans guaranteed and outstanding at any one time shall be loans with
respect to iron ore companies.
    (c) Minimum Iron Ore Company Guarantee Amount.--Notwithstanding
section 6(d), a single loan to an iron ore company in an amount of not
less than $6,000,000 may be guaranteed under this section.

SEC. 11. EMERGENCY DESIGNATION.

    The entire amount made available to carry out this Act--
            (1) is designated by the Congress as an emergency
        requirement pursuant to section 251(b)(2)(A) of the Balanced
        Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
        901(b)(2)(A)); and
            (2) shall be available only to the extent that an official
        budget request that includes designation of the entire amount
        of the request as an emergency requirement (as defined in the
        Balanced Budget and Emergency Deficit Control Act of 1985) is
        transmitted by the President to the Congress.

Output:
Emergency Steel Loan Guarantee Program - Establishes the Emergency Steel Loan Guarantee Program, and the Loan Guarantee Board to administer it, composed of the Secretaries of Commerce, the Treasury, and Labor.
Authorizes such Program to guarantee loans by private banking and investment institutions to qualified steel companies, in accordance with Board-established procedures.
Sets forth loan guarantee parameters.
Authorizes appropriations.
Treats an iron ore company as a qualified steel company for purposes of the Program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Cruise Vessel
Development Act of 1994''.

SEC. 2. PURPOSE.

    The purpose of this Act is to promote construction and operation of
United States flag cruise vessels in the United States.

SEC. 3. COASTWISE TRANSPORTATION OF PASSENGERS.

    Section 8 of the Act entitled ``An Act to abolish certain fees for
official services to American vessels, and to amend the laws relating
to shipping commissioners, seamen, and owners of vessels, and for other
purposes'', approved June 19, 1886 (24 Stat. 81, chapter 421; 46 App.
U.S.C. 289), is amended to read as follows:

``SEC. 8. COASTWISE TRANSPORTATION OF PASSENGERS.

    ``(a) In General.--Except as otherwise provided by law, a vessel
may transport passengers in coastwise trade only if--
            ``(1) the vessel is owned by a person that is--
                    ``(A) an individual who is a citizen of the United
                States; or
                    ``(B) a corporation, partnership, or association
                that is a citizen of the United States under section
                2(a) of the Shipping Act, 1916 (46 App. U.S.C. 802(a));
            ``(2) the vessel meets the requirements of section 27 of
        the Merchant Marine Act, 1920 (46 App. U.S.C. 883); and
            ``(3) for a vessel that is at least 5 net tons, the vessel
        is issued a certificate of documentation under chapter 121 of
        title 46, United States Code, with a coastwise endorsement.
    ``(b) Exception for Vessel Under Demise Charter.--
            ``(1) In general.--Subsection (a)(1) does not apply to a
        cruise vessel operating under a demise charter that--
                    ``(A) has a term of at least 18 months; and
                    ``(B) is to a person described in subsection
                (a)(1).
            ``(2) Extension of period for operation.--A cruise vessel
        authorized to operate in coastwise trade under paragraph (1)
        based on a demise charter described in paragraph (1) may
        operate in that coastwise trade during a period following the
        termination of the charter of not more than 6 months, if the
        operation--
                    ``(A) is approved by the Secretary; and
                    ``(B) is in accordance with such terms as may be
                prescribed by the Secretary for that approval.
    ``(c) Exception for Vessel To Be Reflagged.--
            ``(1) Exception.--Subsection (a)(2) and section
        12106(a)(2)(A) of title 46, United States Code, do not apply to
        a cruise vessel if--
                    ``(A) the vessel--
                            ``(i) is not documented under chapter 121
                        of title 46, United States Code, on the date of
                        enactment of the United States Cruise Vessel
                        Development Act of 1994; and
                            ``(ii) is not less than 5 years old and not
                        more than 15 years old on the first date that
                        the vessel is documented under that chapter
                        after that date of enactment; and
                    ``(B) the owner or charterer of the vessel has
                entered into a contract for the construction in the
                United States of another cruise vessel that has a total
                berth or stateroom capacity that is at least 80 percent
                of the capacity of the cruise vessel.
            ``(2) Termination of authority to operate.--Paragraph (1)
        does not apply to a vessel after the date that is 18 months
        after the date on which a certificate of documentation with a
        coastwise endorsement is first issued for the vessel after the
        date of enactment of the United States Cruise Vessel
        Development Act of 1994 if, before the end of that 18-month
        period, the keel of another vessel has not been laid, or
        another vessel is not at a similar stage of construction, under
        a contract required for the vessel under paragraph (1)(B).
            ``(3) Extension of period before termination.--The
        Secretary of Transportation may extend the 18-month period
        under paragraph (2) for an additional period of not to exceed 6
        months for good cause shown.
    ``(d) Limitation on Operations.--A person (including a related
person with respect to that person) who owns or charters a cruise
vessel operating in coastwise trade under subsection (b) or (c) under a
coastwise endorsement may not operate any vessel between--
            ``(1) any 2 ports served by another cruise vessel that
        transports passengers in coastwise trade under subsection (a)
        on the date the Secretary issues the coastwise endorsement; or
            ``(2) any of the islands of Hawaii.
    ``(e) Penalties.--
            ``(1) Civil penalty.--A person operating a vessel in
        violation of this section is liable to the United States
        Government for a civil penalty of $1,000 for each passenger
        transported in violation of this section.
            ``(2) Forfeiture.--A vessel operated in knowing violation
        of this section, and its equipment, are liable to seizure by
        and forfeiture to the United States Government.
            ``(3) Disqualification from coastwise trade.--A person that
        is required to enter into a construction contract under
        subsection (c)(1)(B) with respect to a cruise vessel (including
        any related person with respect to that person) may not own or
        operate any vessel in coastwise trade after the period
        applicable under subsection (c)(2) with respect to the cruise
        vessel, if before the end of that period a keel is not laid and
        a similar stage of construction is not reached under such a
        contract.
    ``(f) Definitions.--In this section--
            ``(1) the term `coastwise trade' includes transportation of
        a passenger between points in the United States, either
        directly or by way of a foreign port;
            ``(2) the term `cruise vessel' means a vessel that--
                    ``(A) is at least 10,000 gross tons (as measured
                under chapter 143 of title 46, United States Code);
                    ``(B) has berth or stateroom accommodations for at
                least 200 passengers; and
                    ``(C) is not a ferry; and
            ``(3) the term `related person' means, with respect to a
        person--
                    ``(A) a holding company, subsidiary, affiliate, or
                association of the person; and
                    ``(B) an officer, director, or agent of the person
                or of an entity referred to in subparagraph (A).''.

SEC. 4. CONSTRUCTION STANDARDS.

    Section 3309 of title 46, United States Code, is amended by adding
at the end the following new subsection:
    ``(d)(1) A vessel described in paragraph (3) is deemed to comply
with parts B and C of this subtitle.
    ``(2) The Secretary shall issue a certificate of inspection under
subsection (a) to a vessel described in paragraph (3).
    ``(3) A vessel is described in this paragraph if--
            ``(A) the vessel meets the standards and conditions for the
        issuance of a control verification certificate to a foreign
        vessel embarking passengers in the United States;
            ``(B) a coastwise endorsement is issued for the vessel
        under section 12106 of this title after the date of enactment
        of the United States Cruise Vessel Development Act of 1994; and
            ``(C) the vessel is authorized to engage in coastwise trade
        by reason of subsection (c) of section 8 of the Act entitled
        `An Act to abolish certain fees for official services to
        American vessels, and to amend the laws relating to shipping
        commissioners, seamen, and owners of vessels, and for other
        purposes', approved June 19, 1886 (24 Stat. 81, chapter 421; 46
        App. U.S.C. 289).''.

SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION.

    Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is
amended--
            (1) in subsection (a) by inserting ``other than primarily
        in the transport of passengers,'' after ``the coastwise
        trade''; and
            (2) by adding at the end the following new subsection:
    ``(e) For purposes of determining citizenship under subsection (a)
with respect to operation of a vessel primarily in the transport of
passengers in coastwise trade, the controlling interest in a
partnership or association that owns the vessel shall not be deemed to
be owned by citizens of the United States unless a majority interest in
the partnership or association is owned by citizens of the United
States free from any trust or fiduciary obligation in favor of any
person that is not a citizen of the United States.''.

SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936.

    Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1271(b)) is amended by striking ``passenger cargo'' and inserting
``passenger, cargo,''.

SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM.

    (a) Priority.--Notwithstanding any other provision of law, the
Secretary of the Interior may not permit a person to operate a vessel
in any unit of the National Park System except in accordance with the
following priority:
            (1) First, any person that--
                    (A) will operate a vessel that is documented under
                the laws of, and the home port of which is located in,
                the United States; or
                    (B) holds rights to provide visitor services under
                section 1307(a) of the Alaska National Interest Lands
                Conservation Act (16 U.S.C. 3197(a)).
            (2) Second, any person that will operate a vessel that--
                    (A) is documented under the laws of a foreign
                country, and
                    (B) on the date of the enactment of this Act is
                permitted to be operated by the person in the unit.
            (3) Third, any person that will operate a vessel other than
        a vessel described in paragraph (1) or (2).
    (b) Revocation of Permits for Foreign-Documented Vessels.--The
Secretary of the Interior shall revoke or refuse to renew permission
granted by the Secretary for the operation of a vessel documented under
the laws of a foreign country in a unit of the National Park System,
if--
            (1) a person requests permission to operate a vessel
        documented under the laws of the United States in that unit;
        and
            (2) the permission may not be granted because of a limit on
        the number of permits that may be issued for that operation.
    (c) Restrictions on Revocation of Permits.--The Secretary of the
Interior may not revoke or refuse to renew permission under subsection
(b) for any person holding rights to provide visitor services under
section 1307(a) of the Alaska National Interest Lands Conservation Act
(16 U.S.C. 3197(a)).
    (d) Return of Permits.--Any person whose permission to provide
visitors services in a unit of the National Park System has been
revoked or not renewed under subsection (b) shall have the right of
first refusal to a permit to provide visitors services in that unit of
the National Park System that becomes available when the conditions
described in subsection (b) no longer apply. Such right shall be
limited to the number of permits which are revoked or not renewed.

Output:
United States Cruise Vessel Development Act of 1994 - Amends Federal shipping law to revise provisions prohibiting the use of foreign vessels to transport passengers between places in the United States to authorize the transport of passengers in coastwise trade only if the vessel:  (1) is owned by a U.S. citizen, or a U.S. corporation, partnership, or association; (2) meets certain requirements under the Merchant Marine Act; and (3) is at least five net tons and is issued a certificate of documentation with a coastwise endorsement.
(Sec. 3) Exempts from this prohibition any cruise vessel:  (1) demised to a U.S. person for a term of at least 18 months; or (2) reflagged as a U.S. vessel after enactment of this Act, if the owner or charterer contracts for U.S. construction of another cruise vessel with at least 80 percent of the existing vessel's total berth or stateroom capacity.  Prohibits any person owning or chartering a cruise vessel thus exempted from operating any vessel between: (1) any two ports served by another cruise vessel transporting passengers in the coastwise trade on the date the Secretary of Transportation issues the coastwise endorsement; or (2) any of the Hawaiian islands.
Sets forth civil and forfeiture penalties for violations of this Act.
(Sec. 4) Requires the Secretary of Transportation (Secretary) to issue a certificate of inspection to vessels that:  (1) meet the standards and conditions for the issuance of a control verification certificate to a foreign vessel embarking passengers in the United States; (2) a coastwise endorsement is issued; and (3) are authorized to engage in coastwise trade as vessels reflagged under the requirements of this Act.
(Sec. 5) Amends the Shipping Act, 1916 to declare that, for purposes of vessel documentation in the coastwise trade, the controlling interest in a partnership or association that owns such a vessel shall not be deemed to be a U.S. citizen unless a majority interest in the partnership or association is owned by U.S. citizens free from any trust or fiduciary obligation in favor of a non-U.S. citizen.
(Sec. 7) Prohibits the Secretary of the Interior from permitting a person to operate a vessel in any unit of the National Park System except in accordance with specified priorities, the first of which goes to any person: (1) operating a U.S.-flag vessel whose home port is in the United States; or (2) holding rights to provide visitor services under the Alaska National Interest Lands Conservation Act.  Requires the Secretary to revoke or renew permission for the operation of any foreign-documented vessel that does not hold such Alaskan visitor rights if:  (1) a person requests permission to operate a U.S.-flag vessel in the same unit; and (2) permission may not be granted because of a limit on the number of such permits.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reinvesting In Vital Economic Rivers
and Waterways Act of 2013'' or the ``RIVER Act''.

SEC. 2. FINDINGS.

    Congress finds that the inland waterways navigation system--
            (1) is an essential economic resource for the United
        States;
            (2) serves as the most efficient sustainable transportation
        mode for bulk commodities in the United States while
        maintaining environmental resources; and
            (3) as of the date of enactment of this Act, is underfunded
        and needs significant changes to remain viable in the future.

SEC. 3. PURPOSES.

    The purpose of this Act is to establish a sustainable, cost-
effective way to ensure that the inland and intracoastal waterways of
the United States remain economically viable through--
            (1) the redesign of the program and project management
        process applicable to the construction and major rehabilitation
        of navigation projects on those waterways;
            (2) the continued development and improvement of inland
        waterways navigation systems;
            (3) enhanced efficiency of inland waterways navigation
        project completion schedules; and
            (4) inland waterways navigation capital investments to
        ensure that projects can be completed in a reasonable timeframe
        and to allow maximum systemwide benefits.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Inland and intracoastal waterways.--The term ``inland
        and intracoastal waterways'' means the inland and intracoastal
        waterways of the United States described in section 206 of the
        Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
            (2) Inland waterway users board.--The term ``Inland
        Waterway Users Board'' means the Inland Waterway Users Board
        established by section 302 of the Water Resources Development
        Act of 1986 (33 U.S.C. 2251).
            (3) Major rehabilitation project.--The term ``major
        rehabilitation project'' means a project for the restoration of
        a major project or major project feature of the inland and
        intracoastal waterways that has an estimated cost greater than
        $50,000,000.
            (4) Qualifying project.--The term ``qualifying project''
        means any construction or major rehabilitation project for
        navigation infrastructure of the inland and intracoastal
        waterways that is--
                    (A) authorized before, on, or after the date of
                enactment of this Act;
                    (B) not completed as of the date of enactment of
                this Act; and
                    (C) funded at least in part from the Inland
                Waterways Trust Fund established by section 9506 of the
                Internal Revenue Code of 1986.
            (5) Secretary.--The term ``Secretary'' means the Secretary
        of the Army, acting through the Chief of Engineers.

SEC. 5. PROJECT DELIVERY PROCESS REFORMS.

    (a) In General.--The Secretary shall promulgate regulations that,
at a minimum, shall require for each qualifying project--
            (1) a cost estimation that is risk-based and has a
        confidence level of not less than 80 percent;
            (2) an independent external peer review and submission to
        Congress (in the case of a feasibility report) or the Secretary
        (in the case of a rehabilitation evaluation report) for any
        qualifying project--
                    (A) that--
                            (i) has an estimated total project cost
                        greater than $45,000,000;
                            (ii) is subject to public safety concerns,
                        as determined by the Secretary;
                            (iii) involves a high level of complexity
                        or novel or precedent-setting approaches, as
                        determined by the Secretary; or
                            (iv) is identified by the Secretary as a
                        matter of significant interagency interest; or
                    (B) for which a review has been requested by the
                Governor of any State affected by the project;
            (3) the appointment to a project development team for the
        qualifying project of a member of the Inland Waterways Users
        Board, as selected by a majority of the Inland Waterways Users
        Board;
            (4) a quarterly update submitted to the Inland Waterways
        Users Board of the status of a qualifying project that is under
        construction;
            (5) the inclusion of the Chairman of the Inland Waterways
        Users Board and the project development team appointee under
        paragraph (3) as signatories of the project management plan for
        a qualifying project;
            (6) the establishment of a system to identify and apply on
        a continuing basis lessons learned from prior or ongoing
        projects so as to improve the likelihood of on-time and on-
        budget completion of qualifying projects;
            (7) the evaluation, including through the use of 1 or more
        pilot projects, of early contractor involvement acquisition
        procedures to improve on-time and on-budget project delivery
        performance; and
            (8) any additional measures that the Secretary determines
        will achieve the purposes of this Act, including, as determined
        appropriate by the Secretary--
                    (A) the implementation of applicable practices and
                procedures drawn from the management of the military
                construction program by the Secretary;
                    (B) the development and use of a portfolio of
                standard designs for inland navigation locks;
                    (C) the use of full-funding contracts or the
                formulation of a revised continuing contracts
                provision; and
                    (D) the establishment of procedures for
                recommending new project construction starts using a
                capital projects business model.
    (b) Report Requirement.--
            (1) In general.--For each fiscal year, the Secretary shall
        submit to Congress a report that describes each project, if
        any, that receives more than 50 percent of the total amount of
        funds made available in that fiscal year under the Inland
        Waterways Trust Fund established by section 9506 of the
        Internal Revenue Code of 1986.
            (2) Requirement.--For each project described in paragraph
        (1) that exceeds the estimated cost of carrying out that
        project for 3 or more consecutive years, the Secretary shall
        include in the report submitted under that paragraph
        alternative financing plans for the project.

SEC. 6. 20-YEAR CAPITAL INVESTMENT PROGRAM.

    (a) Program Required.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary, in conjunction with the
        Inland Waterways Users Board, shall submit to Congress a 20-
        year program for making capital investments on the inland and
        intracoastal waterways, which shall include plans to update
        communications technology and be based on the application of
        objective national project-selection prioritization criteria,
        as developed by the Secretary.
            (2) Contents.--The 20-year program described in paragraph
        (1) may be based on the 20-year capital investment strategy
        contained in the Inland Marine Transportation System Capital
        Projects Business Model, Final Report published on April 13,
        2010, as approved by the Inland Waterways Users Board.
    (b) Annual Review and Update.--
            (1) In general.--Beginning not later than 1 year after the
        date on which a 20-year program is submitted to Congress under
        subsection (a), and each year thereafter, the Secretary, in
        conjunction with the Inland Waterways Users Board, shall submit
        to Congress an updated 20-year program.
            (2) Contents.--The updated program described in paragraph
        (1) shall include an identification and explanation of any
        changes that were made to the project-specific recommendations
        included in the previous 20-year program, including any changes
        that were made to the objective national project-selection
        prioritization criteria used to develop the updated
        recommendations.
    (c) Strategic Review and Update.--
            (1) In general.--Not later than 5 years after the date of
        enactment of this Act, and every 5 years thereafter, the
        Secretary, in conjunction with the Inland Waterways Users
        Board, shall submit to Congress a strategic review of the
        capital investment program for the Inland Marine Transportation
        System, including any revisions to the program that the
        Secretary and the Users Board jointly consider to be
        appropriate.
            (2) Inclusions.--The review described in paragraph (1)
        shall include an analysis of the communications technology in
        use on the inland and intracoastal waterways system and a
        description of any plans to modernize that technology to
        increase safety and maximize efficiency.

SEC. 7. LIMITATION ON EXPENDITURES FROM THE INLAND WATERWAYS TRUST
              FUND.

    Section 9506 of the Internal Revenue Code of 1986 is amended--
            (1) in subsection (c)(1), by--
                    (A) inserting ``and subject to subsection (d),''
                after ``Except as provided in paragraph (2),''; and
                    (B) inserting before the period at the end ``,
                provided that such expenditures may not exceed 50
                percent of the total cost of the construction or
                rehabilitation''; and
            (2) by inserting at the end the following:
    ``(d) Limitation on Expenditures From Trust Fund.--
            ``(1) In general.--Amounts in the Inland Waterways Trust
        Fund shall not be available for expenditures for--
                    ``(A) construction or rehabilitation of dams, or
                    ``(B) any rehabilitation expenditure that does not
                equal or exceed $50,000,000.
            ``(2) Restriction on total cost.--Amounts in the Inland
        Waterways Trust Fund shall not be used to pay for any part of
        the cost to construct an authorized Federal project that
        exceeds the sum of--
                    ``(A) the amount equal to--
                            ``(i) the total authorized cost to
                        construct the Federal project as specified in
                        the Public Law that authorized construction of
                        the project or, in the case of a rehabilitation
                        project, in the relevant rehabilitation
                        evaluation report, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the year
                        in which construction or rehabilitation under
                        the project begins (determined by substituting
                        the year that precedes the calendar year in
                        which such project was authorized for `1992' in
                        subparagraph (B) of such section), and
                    ``(B) any additional amount that is jointly agreed
                to by the Secretary and the Inland Waterways Users
                Board as appropriate to the project.''.

SEC. 8. REVISION TO INLAND WATERWAYS USER FEE.

    Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is
amended to read as follows:
                    ``(A) The Inland Waterways Trust Fund financing
                rate is the rate determined in accordance with the
                following table:

                                                            The tax per
``If the use occurs:                                         gallon is:
        During 2013........................................   20 cents
        After 2013......................................... 29 cents''.

Output: Reinvesting In Vital Economic Rivers and Waterways Act of 2013 or RIVER Act - Directs the Secretary of the Army, acting through the Chief of Engineers, to promulgate regulations that, at a minimum, require certain delivery process criteria for qualifying construction and major rehabilitation projects for navigation infrastructure of inland and intracoastal waterways. Directs the Secretary, in conjunction with the Inland Waterways Users Board, to submit to Congress a 20-year program for making capital investments on inland and intracoastal waterways. Allows such program to be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Board. Amends the Internal Revenue Code to limit expenditures from the Inland Waterways Trust Fund to 50% of the total cost of the construction or rehabilitation project. Makes Fund amounts unavailable for: (1) construction or rehabilitation of dams, or (2) rehabilitation expenditures that do not equal or exceed $50 million. Increases the Inland Waterways Trust Fund financing rate (user fee) from 20 cents to 29 cents after 2013.