Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Space Station
Independent Safety Commission Act of 2004''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Commission'' means the Commission
        established under this Act;
            (2) the term ``ISS'' means the International Space Station;
            (3) the term ``NASA'' means the National Aeronautics and
        Space Administration;
            (4) the term ``NASA Administrator'' means the Administrator
        of NASA; and
            (5) the term ``NTSB'' means the National Transportation
        Safety Board.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--The President shall establish an independent,
nonpartisan Commission within the executive branch to discover and
assess any vulnerabilities of the International Space Station that
could lead to its destruction, compromise the health of its crew, or
necessitate its premature abandonment.
    (b) Deadline for Establishment.--The President shall issue an
executive order establishing a Commission within 30 days after the date
of enactment of this Act.

SEC. 4. COMPOSITION OF COMMISSION.

    (a) Number of Commissioners.--The Commission shall consist of 15
members.
    (b) Selection.--The members of the Commission shall be chosen in
the following manner:
            (1) The Chairman of the NTSB shall be a member of the
        Commission.
            (2) The President shall appoint the remaining 14 members,
        and shall designate the Chairman and Vice Chairman of the
        Commission from among its members.
            (3) Five of the 14 members appointed by the President shall
        be selected by the President in the following manner:
                    (A) The majority leader of the Senate, the minority
                leader of the Senate, the Speaker of the House of
                Representatives, the minority leader of the House of
                Representatives, and the President of the collective-
                bargaining organization including the largest number of
                NASA engineers, shall each provide to the President a
                list of candidates for membership on the Commission.
                    (B) The President shall select one of the
                candidates from each of the 5 lists for membership on
                the Commission.
            (4)(A) With the exception of the Chairman of the NTSB, no
        officer or employee of the Federal Government shall serve as a
        member of the Commission.
            (B) No member of the Commission shall have, or have
        pending, a contractual relationship with NASA.
            (C) The President may waive the prohibitions in
        subparagraphs (A) and (B) with respect to the selection of not
        more than 2 members of the Commission.
            (5) The President shall not appoint any individual as a
        member of the Commission who has a current or former
        relationship with the NASA Administrator that the President
        determines would constitute a conflict of interest.
            (6) To the extent practicable, the President shall ensure
        that the members of the Commission include some individuals
        with experience relative to human-carrying spacecraft, as well
        as some individuals with investigative experience and some
        individuals with legal experience.
            (7) To the extent practicable, the President shall seek
        diversity in the membership of the Commission.
    (c) Deadline for Appointment.--All members of the Commission shall
be appointed no later than 60 days after issuance of the executive
order establishing the Commission.
    (d) Initial Meeting.--The Commission shall meet and begin
operations as soon as practicable.
    (e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairman or a majority of its members.
Eight members of the Commission shall constitute a quorum. Any vacancy
in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.

SEC. 5. TASKS OF THE COMMISSION.

    The Commission shall, to the extent possible, undertake the
following tasks:
            (1) Catalog threats to and vulnerabilities of the ISS,
        including design flaws, natural phenomena, computer software or
        hardware flaws, sabotage or terrorist attack, number of
        crewmembers, and inability to adequately deliver replacement
        parts and supplies, and management or procedural deficiencies.
            (2) Make recommendations for corrective actions.
            (3) Provide any additional findings or recommendations
        considered by the Commission to be important, whether or not
        they are related to ISS safety.
            (4) Prepare a report to Congress, the President, and the
        public.

SEC. 6. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the
        authority of the Commission, any subcommittee or member
        thereof, may, for the purpose of carrying out this Act--
                    (A) hold such hearings and sit and act at such
                times and places, take such testimony, receive such
                evidence, administer such oaths; and
                    (B) subject to paragraph (2)(A), require, by
                subpoena or otherwise, the attendance and testimony of
                such witnesses and the production of such books,
                records, correspondence, memoranda, papers, and
                documents,
        as the Commission or such designated subcommittee or designated
        member may determine advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued
                        under this subsection only--
                                    (I) by the agreement of the
                                Chairman and the Vice Chairman; or
                                    (II) by the affirmative vote of 8
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i),
                        subpoenas issued under this subsection may be
                        issued under the signature of the Chairman or
                        any member designated by a majority of the
                        Commission, and may be served by any person
                        designated by the Chairman or by a member
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy
                        or failure to obey a subpoena issued under
                        subparagraph (A), the United States district
                        court for the judicial district in which the
                        subpoenaed person resides, is served, or may be
                        found, or where the subpoena is returnable, may
                        issue an order requiring such person to appear
                        at any designated place to testify or to
                        produce documentary or other evidence. Any
                        failure to obey the order of the court may be
                        punished by the court as a contempt of that
                        court.
                            (ii) Additional enforcement.--In the case
                        of a failure of a witness to comply with a
                        subpoena or to testify when summoned under
                        authority of this section, the Commission may,
                        by majority vote, certify a statement of fact
                        constituting such failure to the appropriate
                        United States attorney, who may bring the
                        matter before a grand jury for its action,
                        under the same statutory authority and
                        procedures as if the United States attorney had
                        received a certification under sections 102
                        through 104 of the Revised Statutes of the
                        United States (2 U.S.C. 192 through 194).
    (b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from
        any executive department, bureau, agency, board, commission,
        office, independent establishment, or instrumentality of the
        Government, information, suggestions, estimates, and statistics
        for the purposes of this Act. Each department, bureau, agency,
        board, commission, office, independent establishment, or
        instrumentality shall, to the extent authorized by law, furnish
        such information, suggestions, estimates, and statistics
        directly to the Commission, upon request made by the Chairman,
        the chairman of any subcommittee created by a majority of the
        Commission, or any member designated by a majority of the
        Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall be received, handled, stored, and
        disseminated by members of the Commission and its staff
        consistent with all applicable statutes, regulations, and
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of
        General Services shall provide to the Commission on a
        reimbursable basis administrative support and other services
        for the performance of the Commission's tasks.
            (2) Other departments and agencies.--In addition to the
        assistance prescribed in paragraph (1), departments and
        agencies of the United States may provide to the Commission
        such services, funds, facilities, staff, and other support
        services as they may determine advisable and as may be
        authorized by law.
            (3) NASA engineering and safety center.--The NASA
        Engineering and Safety Center shall provide data and technical
        support as requested by the Commission.
    (e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.

SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.

    (a) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
            (1) hold public hearings and meetings to the extent
        appropriate; and
            (2) release public versions of the reports required under
        this Act.
    (b) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.

SEC. 8. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The Chairman, in
        consultation with Vice Chairman, in accordance with rules
        agreed upon by the Commission, may appoint and fix the
        compensation of a staff director and such other personnel as
        may be necessary to enable the Commission to carry out its
        functions, without regard to the provisions of title 5, United
        States Code, governing appointments in the competitive service,
        and without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of such title relating to
        classification and General Schedule pay rates, except that no
        rate of pay fixed under this paragraph may exceed the
        equivalent of that payable for a position at level V of the
        Executive Schedule under section 5316 of title 5, United States
        Code. Employees of NASA shall not be appointed to the staff of
        the Commission.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any
                personnel of the Commission shall be considered
                employees under section 2105 of title 5, United States
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) does
                not apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee, except for an
employee of NASA, may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular employment without
interruption.
    (c) Consultant Services.--The Commission may procure the services
of experts and consultants in accordance with section 3109 of title 5,
United States Code, but at rates not to exceed the daily rate paid a
person occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code. Any consultant or expert
whose services are procured under this subsection shall disclose any
contract or association it has with NASA or any NASA contractor.

SEC. 9. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
    (b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.

SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements. No person
shall be provided with access to classified information under this Act
without the appropriate security clearances.

SEC. 11. REPORTING REQUIREMENTS AND TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective actions as have been agreed to by a
majority of Commission members.
    (b) Final Report.--The Commission shall submit to the President and
Congress, and make concurrently available to the public, a final report
containing such findings, conclusions, and recommendations for
corrective actions as have been agreed to by a majority of Commission
members. Such report shall include any minority views or opinions not
reflected in the majority report.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of
        this Act with respect to the Commission, shall terminate 60
        days after the date on which the final report is submitted
        under subsection (b).
            (2) Administrative activities before termination.--The
        Commission may use the 60-day period referred to in paragraph
        (1) for the purpose of concluding its activities, including
        providing testimony to committees of Congress concerning its
        reports and disseminating the final report.
    (d) National Academy of Sciences Review.--The NASA Administrator
shall enter into an arrangement with the National Academy of Sciences
for a review of compliance with the recommendations of the Commission.
The National Academy of Sciences may consult with former members of the
Commission as appropriate. The NASA Administrator shall transmit a
report to the Congress containing the results of the review not later
than 18 months after the date the final report of the Commission is
submitted under section 11(b).

SEC. 12. FUNDING.

    Such sums as are necessary to carry out this Act are authorized to
be appropriated. Sums authorized by this Act shall remain available
until the termination of the Commission.

Output:
International Space Station Independent Safety Commission Act of 2004 - Directs the President to establish, an independent, non-partisan Commission within the executive branch to discover and assess any vulnerabilities of the International Space Station (ISS) that could lead to its destruction, compromise the health of its crew, or necessitate its premature abandonment.

Provides for the Commission to consist of 15 members, including the Chairman of the National Transportation Safety Board. Prohibits: (1) any Commission member from having or having pending a contractual relationship with the National Aeronautics and Space Administration (NASA); and (2) the President from appointing any individual as a Commission member who has a current or former relationship with the Administrator of NASA that the President determines would constitute a conflict of interest.

Instructs the Commission to undertake the following tasks: (1) catalog threats to and vulnerabilities of the ISS, including sabotage or terrorist attack; (2) make recommendations for corrective actions; and (3) provide any additional findings or recommendations considered by the Commission to be important, whether or not they are related to ISS safety.

Sets forth the powers and other authorities of the Commission.

Directs the NASA Engineering and Safety Center to provide data and technical support as requested by the Commission.

Requires the appropriate Federal agencies or departments to cooperate with the Commission in expeditiously providing appropriate security clearances to the Commission members and staff. Prohibits any person from being provided access to classified information under this Act without the appropriate security clearances.

Allows the Commission to submit interim reports containing findings, conclusions, and recommendations for corrective actions to the President and Congress. Terminates the Commission and all the authorities of this Act with respect to the Commission after the Commission's final report containing findings, conclusions, and recommendations for such actions is submitted to the President and Congress and made available to the public.

Directs the NASA Administrator to enter into an arrangement with the National Academy of Sciences for a review of compliance with the Commission's recommendations and to transmit a report to Congress containing the results of such review.


Input:
SECTION 1. EXTENSION.
    (a) In General.--Chapter 5 of subtitle B of the Agricultural
Marketing Act of 1946 (7 U.S.C. 1636 et seq.) is amended by adding at
the end the following new section:
    ``SEC. 260. TERMINATION OF AUTHORITY.
    ``The authority provided by this subtitle terminates on September
30, 2010.''.
    (b) Conforming Amendment and Extension.--Section 942 of the
Livestock Mandatory Reporting Act of 1999 (7 U.S.C. 1635 note; Public
Law 106-78) is amended by striking ``terminate on September 30, 2005''
and inserting ``(other than section 911 of subtitle A and the
amendments made by that section) terminate on September 30, 2010''.
SEC. 2. DEFINITIONS.
    (a) Base Market Hogs.--Section 231(4) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1635i(4)) is amended to read as follows:
        ``(4) Base market hog.--The term `base market hog' means a
    barrow or gilt for which no discounts are subtracted from and no
    premiums are added to the base price.''.
    (b) Boars.--Section 231(5) of such Act (7 U.S.C. 1635i(5)) is
amended to read as follows:
        ``(5) Boar.--The term `boar' means a sexually-intact male
    swine.''.
    (c) Packer of Sows and Boars.--Section 231(12) of such Act (7
U.S.C. 1635i(12)) is amended by--
        (1) striking subparagraph (B) and inserting the following new
    subparagraph:
            ``(B) for any calendar year, the term includes only--
                ``(i) a swine processing plant that slaughtered an
            average of at least 100,000 swine per year during the
            immediately preceding five calendar years; and
                ``(ii) a person that slaughtered an average of at least
            200,000 sows, boars, or any combination thereof, per year
            during the immediately preceding five calendar years;
            and''; and
        (2) in subparagraph (C)--
            (A) by inserting ``or person'' after ``swine processing
        plant'';
            (B) by inserting ``or person'' after ``plant capacity of
        the processing plant''; and
            (C) by inserting ``or person'' after ``determining whether
        the processing plant''.
SEC. 3. REPORTING; BARROWS AND GILTS.
    Section 232(c) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j(c)) is amended to read as follows:
    ``(c) Daily Reporting; Barrows and Gilts.--
        ``(1) Prior day report.--
            ``(A) In general.--The corporate officers or officially
        designated representatives of each packer processing plant that
        processes barrows or gilts shall report to the Secretary, for
        each business day of the packer, such information as the
        Secretary determines necessary and appropriate to--
                ``(i) comply with the publication requirements of this
            section; and
                ``(ii) provide for the timely access to the information
            by producers, packers, and other market participants.
            ``(B) Reporting deadline and plants required to report.--A
        packer required to report under subparagraph (A) shall--
                ``(i) not later than 7:00 a.m. Central Time on each
            reporting day, report information regarding all barrows and
            gilts purchased or priced, and
                ``(ii) not later than 9:00 a.m. Central Time on each
            reporting day, report information regarding all barrows and
            gilts slaughtered,
        during the prior business day of the packer.
            ``(C) Information required.--The information from the prior
        business day of a packer required under this paragraph shall
        include--
                ``(i) all purchase data, including--

                    ``(I) the total number of--

                        ``(aa) barrows and gilts purchased; and
                        ``(bb) barrows and gilts scheduled for
                    delivery; and

                    ``(II) the base price and purchase data for
                slaughtered barrows and gilts for which a price has
                been established;

                ``(ii) all slaughter data for the total number of
            barrows and gilts slaughtered, including--

                    ``(I) information concerning the net price, which
                shall be equal to the total amount paid by a packer to
                a producer (including all premiums, less all discounts)
                per hundred pounds of carcass weight of barrows and
                gilts delivered at the plant--

                        ``(aa) including any sum deducted from the
                    price per hundredweight paid to a producer that
                    reflects the repayment of a balance owed by the
                    producer to the packer or the accumulation of a
                    balance to later be repaid by the packer to the
                    producer; and
                        ``(bb) excluding any sum earlier paid to a
                    producer that must later be repaid to the packer;

                    ``(II) information concerning the average net
                price, which shall be equal to the quotient (stated per
                hundred pounds of carcass weight of barrows and gilts)
                obtained by dividing--

                        ``(aa) the total amount paid for the barrows
                    and gilts slaughtered at a packing plant during the
                    applicable reporting period, including all premiums
                    and discounts, and including any sum deducted from
                    the price per hundredweight paid to a producer that
                    reflects the repayment of a balance owed by the
                    producer to the packer, or the accumulation of a
                    balance to later be repaid by the packer to the
                    producer, less all discounts; by
                        ``(bb) the total carcass weight (in hundred
                    pound increments) of the barrows and gilts;

                    ``(III) information concerning the lowest net
                price, which shall be equal to the lowest net price
                paid for a single lot or a group of barrows or gilts
                slaughtered at a packing plant during the applicable
                reporting period per hundred pounds of carcass weight
                of barrows and gilts;
                    ``(IV) information concerning the highest net
                price, which shall be equal to the highest net price
                paid for a single lot or group of barrows or gilts
                slaughtered at a packing plant during the applicable
                reporting period per hundred pounds of carcass weight
                of barrows and gilts;
                    ``(V) the average carcass weight, which shall be
                equal to the quotient obtained by dividing--

                        ``(aa) the total carcass weight of the barrows
                    and gilts slaughtered at the packing plant during
                    the applicable reporting period, by
                        ``(bb) the number of the barrows and gilts
                    described in item (aa),

                adjusted for special slaughter situations (such as
                skinning or foot removal), as the Secretary determines
                necessary to render comparable carcass weights;
                    ``(VI) the average sort loss, which shall be equal
                to the average discount (in dollars per hundred pounds
                carcass weight) for barrows and gilts slaughtered
                during the applicable reporting period, resulting from
                the fact that the barrows and gilts did not fall within
                the individual packer's established carcass weight or
                lot variation range;
                    ``(VII) the average backfat, which shall be equal
                to the average of the backfat thickness (in inches)
                measured between the third and fourth from the last
                ribs, 7 centimeters from the carcass split (or adjusted
                from the individual packer's measurement to that
                reference point using an adjustment made by the
                Secretary) of the barrows and gilts slaughtered during
                the applicable reporting period;
                    ``(VIII) the average lean percentage, which shall
                be equal to the average percentage of the carcass
                weight comprised of lean meat for the barrows and gilts
                slaughtered during the applicable reporting period,
                except that when a packer is required to report the
                average lean percentage under this subclause, the
                packer shall make available to the Secretary the
                underlying data, applicable methodology and formulae,
                and supporting materials used to determine the average
                lean percentage, which the Secretary may convert to the
                carcass measurements or lean percentage of the barrows
                and gilts of the individual packer to correlate to a
                common percent lean measurement; and
                    ``(IX) the total slaughter quantity, which shall be
                equal to the total number of barrows and gilts
                slaughtered during the applicable reporting period,
                including all types of purchases and barrows and gilts
                that qualify as packer-owned swine; and

                ``(iii) packer purchase commitments, which shall be
            equal to the number of barrows and gilts scheduled for
            delivery to a packer for slaughter for each of the next 14
            calendar days.
            ``(D) Publication.--
                ``(i) In general.--The Secretary shall publish the
            information obtained under this paragraph in a prior day
            report--

                    ``(I) in the case of information regarding barrows
                and gilts purchased or priced, not later than 8:00 a.m.
                Central Time, and
                    ``(II) in the case of information regarding barrows
                and gilts slaughtered, not later than 10:00 a.m.
                Central Time,

            on the reporting day on which the information is received
            from the packer.
                ``(ii) Price distributions.--The information published
            by the Secretary under clause (i) shall include a
            distribution of net prices in the range between and
            including the lowest net price and the highest net price
            reported. The publication shall include a delineation of
            the number of barrows and gilts at each reported price
            level or, at the option of the Secretary, the number of
            barrows and gilts within each of a series of reasonable
            price bands within the range of prices.
        ``(2) Morning report.--
            ``(A) In general.--The corporate officers or officially
        designated representatives of each packer processing plant that
        processes barrows or gilts shall report to the Secretary not
        later than 10:00 a.m. Central Time each reporting day--
                ``(i) the packer's best estimate of the total number of
            barrows and gilts, and barrows and gilts that qualify as
            packer-owned swine, expected to be purchased throughout the
            reporting day through each type of purchase;
                ``(ii) the total number of barrows and gilts, and
            barrows and gilts that qualify as packer-owned swine,
            purchased up to that time of the reporting day through each
            type of purchase;
                ``(iii) the base price paid for all base market hogs
            purchased up to that time of the reporting day through
            negotiated purchases; and
                ``(iv) the base price paid for all base market hogs
            purchased through each type of purchase other than
            negotiated purchase up to that time of the reporting day,
            unless such information is unavailable due to pricing that
            is determined on a delayed basis.
            ``(B) Publication.--The Secretary shall publish the
        information obtained under this paragraph in the morning report
        as soon as practicable, but not later than 11:00 a.m. Central
        Time, on each reporting day.
        ``(3) Afternoon report.--
            ``(A) In general.--The corporate officers or officially
        designated representatives of each packer processing plant that
        processes barrows or gilts shall report to the Secretary not
        later than 2:00 p.m. Central Time each reporting day--
                ``(i) the packer's best estimate of the total number of
            barrows and gilts, and barrows and gilts that qualify as
            packer-owned swine, expected to be purchased throughout the
            reporting day through each type of purchase;
                ``(ii) the total number of barrows and gilts, and
            barrows and gilts that qualify as packer-owned swine,
            purchased up to that time of the reporting day through each
            type of purchase;
                ``(iii) the base price paid for all base market hogs
            purchased up to that time of the reporting day through
            negotiated purchases; and
                ``(iv) the base price paid for all base market hogs
            purchased up to that time of the reporting day through each
            type of purchase other than negotiated purchase, unless
            such information is unavailable due to pricing that is
            determined on a delayed basis.
            ``(B) Publication.--The Secretary shall publish the
        information obtained under this paragraph in the afternoon
        report as soon as practicable, but not later than 3:00 p.m.
        Central Time, on each reporting day.''.
SEC. 4. REPORTING; SOWS AND BOARS.
    Section 232 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1635j) is amended by--
        (1) redesignating subsection (d) as subsection (e); and
        (2) inserting after subsection (c) the following new
    subsection:
    ``(d) Daily Reporting; Sows and Boars.--
        ``(1) Prior day report.--The corporate officers or officially
    designated representatives of each packer of sows and boars shall
    report to the Secretary, for each business day of the packer, such
    information reported by hog class as the Secretary determines
    necessary and appropriate to--
            ``(A) comply with the publication requirements of this
        section; and
            ``(B) provide for the timely access to the information by
        producers, packers, and other market participants.
        ``(2) Reporting.--Not later than 9:30 a.m. Central Time, or
    such other time as the Secretary considers appropriate, on each
    reporting day, a packer required to report under paragraph (1)
    shall report information regarding all sows and boars purchased or
    priced during the prior business day of the packer.
        ``(3) Information required.--The information from the prior
    business day of a packer required under this subsection shall
    include all purchase data, including--
            ``(A) the total number of sows purchased and the total
        number of boars purchased, each divided into at least three
        reasonable and meaningful weight classes specified by the
        Secretary;
            ``(B) the number of sows that qualify as packer-owned
        swine;
            ``(C) the number of boars that qualify as packer-owned
        swine;
            ``(D) the average price paid for all sows;
            ``(E) the average price paid for all boars;
            ``(F) the average price paid for sows in each weight class
        specified by the Secretary under subparagraph (A);
            ``(G) the average price paid for boars in each weight class
        specified by the Secretary under subparagraph (A);
            ``(H) the number of sows and the number of boars for which
        prices are determined, by each type of purchase;
            ``(I) the average prices for sows and the average prices
        for boars for which prices are determined, by each type of
        purchase; and
            ``(J) such other information as the Secretary considers
        appropriate to carry out this subsection.
        ``(4) Price calculations without packer-owned swine.--A packer
    shall omit the prices of sows and boars that qualify as packer-
    owned swine from all average price calculations, price range
    calculations, and reports required by this subsection.
        ``(5) Reporting exception: public auction purchases.--The
    information required to be reported under this subsection shall not
    include purchases of sows or boars made by agents of the reporting
    packer at a public auction at which the title of the sows and boars
    is transferred directly from the producer to such packer.
        ``(6) Publication.--The Secretary shall publish the information
    obtained under this paragraph in a prior day report not later than
    11:00 a.m. Central Time on the reporting day on which the
    information is received from the packer.
        ``(7) Electronic submission of information.--The Secretary of
    Agriculture shall provide for the electronic submission of any
    information required to be reported under this subsection through
    an Internet website or equivalent electronic means maintained by
    the Department of Agriculture.''.

                               Speaker of the House of Representatives.

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

Output:
Amends the Agricultural Marketing Act of 1946 to extend the provisions of the Livestock Mandatory Price Reporting Act of 1999 through September 30, 2010.

Amends swine price reporting provisions.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Family Business
Preservation Act''.

SEC. 2. REDUCED ESTATE TAX RATE ON FAMILY-OWNED BUSINESS INTERESTS.

    (a) In General.--Part I of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to tax imposed) is amended by
adding at the end the following new section:

``SEC. 2003. REDUCED RATE ON FAMILY-OWNED BUSINESS INTERESTS.

    ``(a) In General.--In the case of an estate of a decedent to which
this section applies, the tax imposed by section 2001 shall not exceed
the sum of--
            ``(1) a tax computed at the rates and in the manner as if
        this section had not been enacted on the greater of--
                    ``(A) the sum described in section 2001(c)(1)
                reduced by the qualified family-owned business
                interests, or
                    ``(B) the sum (if any) described in section
                2001(c)(1) taxed at a rate below the applicable rate,
                plus
            ``(2) a tax equal to the applicable rate of the portion of
        the taxable estate in excess of the amount determined under
        paragraph (1).
    ``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
            ``(1) the decedent was (at the date of his or her death) a
        citizen of the United States,
            ``(2) the sum of--
                    ``(A) the value of the qualified family-owned
                business interests which are included in determining
                the gross estate and which are acquired from or passed
                from the decedent to a qualified heir of the decedent,
                and
                    ``(B) the amount (taken into account under
                subsection 2001(b)(1)(B)) of the adjusted taxable gifts
                of such interests to members of the decedent's family,
        exceeds 50 percent of the adjusted gross estate, and
            ``(3) during the 8-year period ending on the date of the
        decedent's death there have been periods aggregating 5 years or
        more during which--
                    ``(A) such interests were owned by the decedent or
                a member of the decedent's family, and
                    ``(B) there was material participation by the
                decedent or a member of the decedent's family in the
                operation of the business to which such interests
                relate.
    ``(c) Applicable Rate.--For purposes of this section, the
applicable rate is--
            ``(1) 15 percent if the requirement of subsection (b)(3)(B)
        is met by a member of the decedent's family, and
            ``(2) 20 percent in any other case.
    ``(d) Qualified Family-Owned Business Interest.--
            ``(1) In general.--For purposes of this section, the term
        `qualified family-owned business interest' means--
                    ``(A) an interest as a proprietor in a trade or
                business carried on as a proprietorship;
                    ``(B) an interest as a partner in a partnership
                carrying on a trade or business, if such partnership
                had 15 or fewer partners; or
                    ``(C) stock in a corporation carrying on a trade or
                business if such corporation had not more than the
                number of shareholders specified in section
                1361(b)(1)(A).
        Such term shall not include any interest which is readily
        tradable on an established securities market or otherwise.
            ``(2) Rules for applying paragraph (1).--For purposes of
        paragraph (1), rules similar to the rules of paragraphs (2),
        (3), (4), and (6) of section 6166(b) shall apply.
    ``(e) Recapture of Tax Benefit if Interests Not Held for 10
Years.--
            ``(1) In general.--If--
                    ``(A) during the 10-year period beginning on the
                date of death of the decedent--
                            ``(i)(I) any portion of a qualified family-
                        owned business interest is distributed, sold,
                        exchanged, or otherwise disposed of, or
                            ``(II) money and other property
                        attributable to such an interest is withdrawn
                        from such trade or business, and
                    ``(B) the aggregate of such distributions, sales,
                exchanges, or other dispositions and withdrawals equals
                or exceeds 20 percent of the value of such interest, or
        there is hereby imposed an additional estate tax.
            ``(2) Additional estate tax.--
                    ``(A) In general.--The amount of the additional
                estate tax imposed by paragraph (1) shall be the
                applicable percentage of the excess of what would have
                been the estate tax liability but for subsection (a)
                over the adjusted estate tax liability.
                    ``(B) Applicable percentage.--For purposes of
                subparagraph (A), the term `applicable percentage'
                means 100 percent reduced (but not below zero) by the
                product of--
                            ``(i) 10 percentage points, and
                            ``(ii) the number of years (if any) after
                        the date of the decedent's death which the year
                        during which the additional estate tax is
                        imposed by paragraph (1) is after the 1st year
                        after the date of the decedent's death.
                    ``(C) Adjusted estate tax liability.--For purposes
                of subparagraph (A), the term `adjusted estate tax
                liability' means the estate tax liability increased by
                the amount (if any) of any prior additional estate tax
                imposed by subsection (f).
                    ``(D) Estate tax liability.--For purposes of this
                paragraph, the term `estate tax liability' means the
                tax imposed by section 2001 reduced by the credits
                allowable against such tax.
            ``(3) Certain rules to apply.--For purposes of this
        subsection, rules similar to the rules of subparagraphs (B),
        (C), and (D) of section 6166(g)(1) shall apply.
    ``(f) Recapture of Portion of Tax Benefit if Heirs Cease to
Materially Participate During 10 Years After Death.--
            ``(1) In general.--If--
                    ``(A) the applicable rate which applied under
                subsection (a) to the estate of the decedent was 15
                percent,
                    ``(B) at any time during the 10-year period
                beginning on the date of death of the decedent, no
                qualified heir materially participates in the operation
                of the business to which the qualified family-owned
                business interests relate, and
                    ``(C) there is no recapture under subsection (e) on
                or before the earliest date during such 10-year period
                that no qualified heir so materially participated,
        there is hereby imposed an additional estate tax.
            ``(2) Additional estate tax.--The amount of the additional
        estate tax imposed by paragraph (1) shall be the applicable
        percentage of the excess of what would have been the estate tax
        liability but for subsection (c)(1) over the estate tax
        liability.
            ``(3) Definitions.--For purposes of paragraph (2), the
        terms `applicable percentage' and `estate tax liability' have
        the meanings given to such terms by subsection (e).
    ``(g) Other Definitions.--For purposes of this section, the terms
`qualified heir' and `member of the family' have the meanings given to
such terms by section 2032A(e).''
    (b) Clerical Amendment.--The table of sections for part I of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:

                              ``Sec. 2003. Reduced rate on family-owned
                                        business interests.''
    (c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this section.

SEC. 3. LIMITATION ON 4 PERCENT RATE OF INTEREST ON ESTATE TAX EXTENDED
              UNDER SECTION 6166 NOT TO APPLY TO ESTATE TAX
              ATTRIBUTABLE TO QUALIFIED FAMILY-OWNED BUSINESS
              INTERESTS.

    (a) In General.--Paragraph (2) of section 6601(j) of the Internal
Revenue Code of 1986 (relating to 4-percent portion) is amended by
adding at the end the following new flush sentence:
        ``Subparagraph (B) shall not take into account the amount of
        the tax imposed by chapter 11 which is attributable to
        qualified family-owned business interests (as defined in
        section 2003(b)) unless an election is in effect under section
        2032A with respect to the estate.''.
    (b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after the date of the enactment of this
section.

SEC. 4. EXTENSION OF ALTERNATE VALUATION DATE TO 40 MONTHS WITH RESPECT
              TO ESTATE CONSISTING LARGELY OF QUALIFIED FAMILY-OWNED
              BUSINESS INTERESTS.

    (a) In General.--Section 2032 of the Internal Revenue Code of 1986
(relating to alternate valuation) is amended by redesignating
subsections (c) and (d) as subsections (d) and (e), respectively, and
by inserting after subsection (b) the following new subsection:
    ``(c) Estates Largely Consisting of Qualified Family-Owned Business
Interests.--In the case of an estate to which section 2003 applies--
            ``(1) subsection (a) shall be applied by substituting `40
        months' for `6 months' each place it appears, and
            ``(2) section 6075(a) (relating to time for filing estate
        tax return) shall be applied by substituting `43 months' for `9
        months'.''
    (b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after the date of the enactment of this
section.

SEC. 5. INCREASE IN GIFT TAX EXCLUSION.

    (a) In General.--Subsection (b) of section 2503 of the Internal
Revenue Code of 1986 (relating to taxable gifts) is amended by adding
at the end the following new sentence: ``In the case of gifts made
during a calendar year by a donor to ancestors or lineal descendents of
the donor, the aggregate amount of such gifts which are not included in
the total amount of gifts by reason of this subsection shall not be
less than 15 percent of the donor's earned income (as defined in
section 32(c)(2)) for the taxable year ending with or within such
calendar year.''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to gifts made in calendar years beginning after the date of the
enactment of this section.

SEC. 6. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS.

    (a) Estate Tax Credit.--
            (1) Subsection (a) of section 2010 of the Internal Revenue
        Code of 1986 (relating to unified credit against estate tax) is
        amended by striking ``$192,800'' and inserting ``the applicable
        credit amount''.
            (2) Section 2010 of such Code is amended by redesignating
        subsection (c) as subsection (d) and by inserting after
        subsection (b) the following new subsection:
    ``(c) Applicable Credit Amount.--For purposes of this section--
            ``(1) In general.--The applicable credit amount is the
        amount of the tentative tax which would be determined under the
        rate schedule set forth in section 2001(c) if the amount with
        respect to which such tentative tax is to be computed were
        $600,000.
            ``(2) Cost-of-living adjustments.--In the case of any
        decedent dying in a calendar year after December 31, 1995, the
        $600,000 amount set forth in paragraph (1) shall be increased
        by an amount equal to--
                    ``(A) $600,000, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for such calendar year by
                substituting `calendar year 1996' for `calendar year
                1992' in subparagraph (B) thereof.
        Any increase determined under the preceding sentence shall be
        rounded to the nearest multiple of $1,000.''
            (3) Paragraph (1) of section 6018(a) of such Code is
        amended by striking ``$600,000'' and inserting ``$600,000
        (adjusted as provided in section 2010(c)(2)''.
    (b) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of
such Code is amended by striking ``$192,800'' and inserting ``the
applicable credit amount in effect under section 2010(c) for such
calendar year''.
    (c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after December
31, 1995.

Output:
American Family Business Preservation Act - Amends the Internal Revenue Code to reduce the rate of estate tax on certain family-owned businesses.  Provides for a recapture of tax benefits if the business is not held for at least ten years by the heirs or the heirs do not materially participate during such ten years.
Provides that the limitation on the four percent rate of interest on estate tax extended for estates consisting largely of a closely held business is not applicable to estate tax attributable to qualified family-owned business interests.
Extends the alternate valuation date from six months to 40 months for estates consisting largely of qualified family-owned business interests.
Increases the tax exclusion for gifts to ancestors or descendants.
Increases the unified estate and gift tax credits.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amtrak Reauthorization Act of
2002''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 24104 of title 49, United States Code, is amended to read
as follows:
``Sec. 24104. Authorization of appropriations
    ``(a) Capital Expenses.--
            ``(1) Authorization.--There are authorized to be
        appropriated to the Secretary of Transportation, for the
        benefit of Amtrak, $800,000,000 for fiscal year 2003 for
        capital expenditures.
            ``(2) Payment to amtrak.--
                    ``(A) New capital projects.--The Secretary shall
                make payments to Amtrak of amounts authorized under
                paragraph (1) for capital projects not begun before the
                date of the enactment of the Amtrak Reauthorization Act
                of 2002 only if the Secretary has received, either in
                an annual work plan or a supplement thereto, a
                description of the work to be funded, a work timetable,
                cost estimates, and a list of other funding sources if
                the project is not entirely funded by the Federal
                Government, with an identification for each project as
                to which business unit described in subsection (e)(1)
                it is associated with. The Secretary shall determine,
                within 30 days after receiving a work plan or
                supplement, whether each of the capital projects
                proposed is sufficiently justified. To the extent that
                the Secretary determines that a project is justified,
                the Secretary shall make payments under this
                subparagraph within 30 days after receipt from Amtrak
                of a request for funds for the project.
                    ``(B) Ongoing capital projects.--In the case of
                capital projects begun before the date of the enactment
                of the Amtrak Reauthorization Act of 2002, Amtrak shall
                transmit to the Secretary within 180 days after such
                date of enactment a description of the work funded, a
                work timetable, cost estimates, and a list of other
                funding sources if the project is not entirely funded
                by the Federal Government. The Secretary shall
                determine, within 30 days after receiving a description
                of the work funded, whether each of the capital
                projects proposed is sufficiently justified. To the
                extent that the Secretary determines that a project is
                justified, the Secretary shall make payments under this
                subparagraph within 30 days after receipt from Amtrak
                of a request for funds for the project. The Secretary
                shall not provide any further funding for a project
                until the Secretary receives a description required
                under this subparagraph.
            ``(3) Project oversight.--
                    ``(A) Notice of changes.--If the scope, timetable,
                or cost of a project funded under paragraph (2)
                substantially changes, Amtrak shall notify the
                Secretary within 30 days after Amtrak learns of the
                change.
                    ``(B) Oversight.--The Secretary shall conduct
                oversight activities, including inspections as
                necessary, to ensure appropriate progress of projects
                funded under paragraph (2).
    ``(b) Operating Expenses.--
            ``(1) Authorization.--There are authorized to be
        appropriated to the Secretary, for the benefit of Amtrak,
        $200,000,000 for fiscal year 2003 for operating expenditures.
            ``(2) Payment to amtrak.--The Secretary shall make payments
        to Amtrak of amounts authorized under paragraph (1) as follows:
                    ``(A) 50 percent on October 1.
                    ``(B) 25 percent on January 1.
                    ``(C) 25 percent on April 1.
        Payments under this paragraph may only be made after 30 days
        have expired after receipt by the Secretary of all documents
        due under subsection (e).
    ``(c) Excess RRTA.--
            ``(1) Authorization.--There are authorized to be
        appropriated to the Secretary, for payment to the Treasury by
        the Secretary on behalf of Amtrak, for fiscal year 2003 an
        amount equal to the amount Amtrak is required to pay under
        section 3221 of the Internal Revenue Code of 1986 that is more
        than the amount needed for anticipated benefits for individuals
        who retire from Amtrak and for their beneficiaries.
            ``(2) Request for transfer of funds.--The Secretary shall
        make payments to the Treasury of amounts authorized under
        paragraph (1) only after the Secretary has received from Amtrak
        a request for the transfer of such funds, which shall include
        materials supporting, to the satisfaction of the Secretary, the
        amount of the request.
    ``(d) Rail Security.--In addition to amounts authorized under
subsections (a), (b), and (c), there are authorized to be appropriated
to the Secretary of Transportation for fiscal year 2003--
            ``(1) $375,000,000 for grants to finance the cost of
        enhancements to the security and safety of Amtrak intercity
        rail passenger service; and
            ``(2) $400,000,000 for grants for life safety improvements
        to 6 New York Amtrak tunnels built in 1910, the Baltimore &
        Potomac Amtrak tunnel built in 1872, and the Washington, D.C.
        Union Station Amtrak tunnels built in 1904 under the Supreme
        Court and House and Senate Office Buildings.
    ``(e) Annual Business Plan and Quarterly Assessments.--
            ``(1) Business plan.--Not later than September 1, 2002,
        Amtrak shall transmit to the Secretary a comprehensive business
        plan for fiscal year 2003, including targets for ridership,
        revenues, and capital and operating expenses. The plan shall
        include a separate accounting of such targets for each of the
        following business units:
                    ``(A) Northeast Corridor.
                    ``(B) Autotrain.
                    ``(C) Amtrak West.
                    ``(D) Each other long-distance intercity train
                route, accounted for separately.
                    ``(E) Contract Operations.
                    ``(F) Mail and Express.
                    ``(G) Corporate.
            ``(2) Quarterly assessments.--Not later than 30 days before
        the beginning of each fiscal quarter, Amtrak shall transmit to
        the Secretary--
                    ``(A) an assessment of the extent to which each
                goal identified in the plan transmitted under paragraph
                (1) has been achieved;
                    ``(B) an explanation of any failure to achieve such
                a goal; and
                    ``(C) a description of any deviation from the
                business plan.
        The assessment required under subparagraph (A) shall be
        prepared by an outside financial consultant, which shall not be
        an entity that has assisted Amtrak in the preparation of a
        business plan under paragraph (1).
            ``(3) Certification.--The President of Amtrak shall certify
        each business plan and quarterly assessment transmitted under
        this subsection, and any other document required by this
        section to be transmitted to the Secretary.
    ``(f) Availability of Amounts and Early Appropriations.--(1)
Amounts appropriated under this section remain available until
expended.
    ``(2) Amounts for capital acquisitions and improvements may be
appropriated in a fiscal year before the fiscal year in which the
amounts will be obligated.
    ``(g) Limitations on Use.--Amounts appropriated under this section
may not be used to subsidize operating losses of commuter rail
passenger or rail freight transportation.''.

Output: Amtrak Reauthorization Act of 2002 - Authorizes appropriations for Amtrak for FY 2003 for: (1) capital expenditures; (2) operating expenses; (3) payment to the Treasury in an amount equal to the tax Amtrak must pay as an employer under the Railroad Retirement Tax Act that is more than the amount needed for anticipated benefits for Amtrak retirees and for their beneficiaries; and (4) certain rail security projects.Requires Amtrak to transmit to the Secretary of Transportation a comprehensive business plan, including targets for ridership, revenues, and capital and operating expenses, and quarterly assessments of the extent to which the business plan goals have been achieved.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as ``Joseph Moakley Memorial Fire Safe
Cigarette Act of 2002''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Cigarette ignited fires are the leading cause of fire
        deaths in the United States.
            (2) In 1998 there were 903 deaths from cigarette ignited
        fires, 2,453 civilian injuries from such fires, and
        $411,700,000 in property damage caused by such fires.
            (3) Nearly 100 children are killed each year from cigarette
        related fires.
            (4) The results accomplished under the Cigarette Safety Act
        of 1984 and the Fire Safe Cigarette Act of 1990 complete the
        necessary technical work for a cigarette fire safety standard.
            (5) It is appropriate for Congress to require by law the
        establishment of a cigarette fire safety standard for the
        manufacture and importation of cigarettes.
            (6) A recent study by the Consumer Product Safety
        Commission found that the cost of the loss of human life and
        personal property from not having a cigarette fire safety
        standard is $4,600,000,000 a year.
            (7) It is appropriate that the regulatory expertise of the
        Consumer Product Safety Commission be used to implement a
        cigarette fire safety standard.

SEC. 3. CIGARETTE FIRE SAFETY STANDARD.

    (a) In General.--
            (1) Requirement for standard.--Not later than 18 months
        after the date of the enactment of this Act, the Commission
        shall, by rule, prescribe one or more fire safety standards for
        cigarettes to reduce the risk of ignition presented by
        cigarettes.
            (2) General test requirements.--
                    (A) Testing methodology.--Except as provided in
                paragraph (3), in establishing standards under
                paragraph (1), the Commission shall use the testing
                methodology for determining the ignition propensity of
                cigarettes referred to in ``Relative Ignition
                Propensity of Test Market Cigarettes--National
                Institute of Standards and Technology--NIST Technical
                Note 1436, January, 2001--Appendix D: Cigarette
                Extinction Method'', together with any requirements
                specified in this paragraph.
                    (B) Additional requirement.--Testing shall be
                conducted on 10 layers of filter paper, as described in
                the testing methodology referred to in subparagraph
                (A).
                    (C) Complete test trial.--Forty replicate tests
                shall be required to comprise a complete test trial for
                each cigarette tested. Test results and the application
                of an acceptance criterion shall be derived only for
                complete test trials comprised of 40 replicate tests.
                    (D) Test failure.--A test failure shall consist of
                more than 25 percent of the cigarettes tested in a test
                trial failing to self-extinguish before burning the
                full length of the tobacco column.
            (3) Cigarettes with unique characteristics.--In
        establishing standards under paragraph (1) with respect to a
        cigarette that cannot be tested using the testing methodology
        referred to in paragraph (2) because of unique or
        nontraditional characteristics, the Commission shall accept a
        testing methodology and acceptance criterion that are proposed
        by the manufacturer or manufacturers of the cigarette if the
        Commission, after review of the application of the proposed
        testing methodology and acceptance criterion, determines that
        the cigarette has an ignition propensity equivalent to or less
        than cigarettes that pass the acceptance criterion referred to
        in paragraph (2).
            (4) Cigarette paper.--In addition to establishing standards
        under paragraph (1), the Commission may also regulate the
        ignition propensity of cigarette paper for roll-your-own
        tobacco products.
            (5) Exercise of authority.--If the Commission does not
        prescribe the standard required by paragraph (1) within the
        time specified in that paragraph, paragraph (1) shall continue
        to apply, and the provisions of paragraph (2) shall be in
        effect as a consumer product safety standard under the Consumer
        Product Safety Act (15 U.S.C. 2051 et seq.) until the
        Commission prescribes the standard under paragraph (1).
    (b) Stockpiling.--
            (1) In general.--The Commission shall include in the rule
        prescribed under subsection (a) a prohibition on the
        stockpiling of cigarettes to which the fire safety standards in
        the rule will apply.
            (2) Stockpiling defined.--In this subsection, the term
        ``stockpiling'', in the case of a cigarette to which a standard
        under subsection (a) will apply, means the manufacturing or
        importing of the cigarette, between the date the standard is
        issued and the date the standard takes effect, at a rate
        greater than the rate the cigarette was manufactured or
        imported during the one-year period ending on the date the
        standard is issued.
    (c) Procedure.--
            (1) In general.--The rule under subsection (a), and any
        modification thereof, shall be prescribed in accordance with
        the provisions of section 553 of title 5, United States Code.
            (2) Modifications.--
                    (A) Modification by sponsor.--If the sponsor of the
                testing methodology under subsection (a)(2) modifies
                the testing methodology in any material respect, the
                sponsor shall notify the Commission of the
                modification, and the Commission may incorporate the
                modification in the rule prescribed under subsection
                (a) if the Commission determines that the modification
                will enhance a fire safety standard established under
                subsection (a)(2).
                    (B) Modification by commission.--The Commission may
                modify the rule prescribed under subsection (a),
                including the test requirements specified in subsection
                (a)(2), in whole or in part, if the Commission
                determines that compliance with such modification is
                technically feasible and will enhance a fire safety
                standard established under that subsection. Any such
                modification shall not take effect earlier than 3 years
                after the date on which the rule is first issued.
            (3) Inapplicability of certain laws.--No Federal law, or
        any Executive order, other than the rulemaking and review
        provisions of title 5, United States Code, that are commonly
        referred to as the Administrative Procedures Act, may be
        construed to apply to the promulgation of the rule required by
        subsection (a), or the modification of the rule under paragraph
        (2), including the following:
                    (A) The Consumer Product Safety Act (15 U.S.C. 2051
                et seq.).
                    (B) Chapter 6 of title 5, United States Code.
                    (C) The National Environmental Policy Act of 1969
                (42 U.S.C. 4321 et seq.).
                    (D) The Small Business Regulatory Enforcement
                Fairness Act of 1996 (Public Law 104-121), and the
                amendments made by that Act.
    (d) Effective Date.--The Commission shall specify in the rule
prescribed under subsection (a) the effective date of the rule. The
effective date may not be later than 30 months after the date of the
enactment of this Act.
    (e) Treatment of Standard.--
            (1) In general.--The fire safety standard promulgated under
        subsection (a) shall be treated as a consumer product safety
        standard promulgated under the Consumer Product Safety Act (15
        U.S.C. 2051 et seq.).
            (2) Treatment of cigarettes.--A cigarette shall be treated
        as a consumer product under section 3(a)(1)(B) of the Consumer
        Product Safety Act (15 U.S.C. 2052(a)(1)(B)) for purposes of
        implementing and enforcing compliance with this Act and the
        standard promulgated under this Act, including for purposes of
        sections 17 and 18 of the Consumer Product Safety Act (15
        U.S.C. 2066, 2067).

SEC. 4. PREEMPTION.

    (a) In General.--This Act, and any cigarette fire safety standard
established under section 3, may not be construed to preempt or
otherwise affect in any way any law or regulation of a State or
political subdivision thereof which prescribes a fire safety standard
for cigarettes which is more stringent than a fire safety standard
established under section 3.
    (b) Private Remedies.--The provisions of section 25 of the Consumer
Product Safety Act (15 U.S.C. 2074) shall apply with respect to the
fire safety standard promulgated under subsection (a).

SEC. 5. SCOPE OF JURISDICTION OF CONSUMER PRODUCT SAFETY COMMISSION.

    Except as otherwise provided in this Act, the Commission shall have
no jurisdiction over tobacco or tobacco products.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Consumer
        Product Safety Commission.
            (2) Cigarette.--The term ``cigarette'' has the meaning
        given that term in section 3(1) of the Federal Cigarette
        Labeling and Advertising Act (15 U.S.C. 1332(1)).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There is hereby authorized to
be appropriated to the Consumer Product Safety Commission for fiscal
year 2002, $2,000,000 for purposes of carrying out this Act.
    (b) Availability.--Amounts authorized to be appropriated by
subsection (a) shall remain available until expended.

Output: Joseph Moakley Memorial Fire Safe Cigarette Act of 2002 - Directs the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes to reduce the risk of ignition presented by cigarettes (including a proscription against the stockpiling of cigarettes to which the fire safety standards will apply).Sets forth general test requirements.Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NEPA Reciprocity Act''.

SEC. 2. USE OF ALTERNATIVE ENVIRONMENTAL REVIEW AND APPROVAL PROCEDURES
              UNDER STATE LAWS FOR RAIL AND HIGHWAY PROJECTS.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish a program to
        eliminate duplicative environmental reviews and approvals under
        State and Federal law of projects. Under this program, a State
        may use State laws and procedures to conduct reviews and make
        approvals in lieu of Federal environmental laws and
        regulations, consistent with the provisions of this section.
            (2) Participating states.--All States are eligible to
        participate in the program.
            (3) Scope of alternative review and approval procedures.--
        For purposes of this section, alternative environmental review
        and approval procedures may include one or more of the
        following:
                    (A) Substitution of one or more State environmental
                laws for one or more Federal environmental laws, if the
                Secretary determines in accordance with this section
                that the State environmental laws provide environmental
                protection and opportunities for public involvement
                that are substantially equivalent to the applicable
                Federal environmental laws.
                    (B) Substitution of one or more State regulations
                for Federal regulations implementing one or more
                Federal environmental laws, if the Secretary determines
                in accordance with this section that the State
                regulations provide environmental protection and
                opportunities for public involvement that are
                substantially equivalent to the Federal regulations.
    (b) Application.--To participate in the program, a State shall
submit to the Secretary an application containing such information as
the Secretary may require, including--
            (1) a full and complete description of the proposed
        alternative environmental review and approval procedures of the
        State;
            (2) for each State law or regulation included in the
        proposed alternative environmental review and approval
        procedures of the State, an explanation of the basis for
        concluding that the law or regulation meets the requirements
        under subsection (a)(3); and
            (3) evidence of having sought, received, and addressed
        comments on the proposed application from the public and
        appropriate Federal environmental resource agencies.
    (c) Review of Application.--The Secretary shall--
            (1) review an application submitted under subsection (b);
            (2) approve or disapprove the application in accordance
        with subsection (d) not later than 90 days after the date of
        the receipt of the application; and
            (3) transmit to the State notice of the approval or
        disapproval, together with a statement of the reasons for the
        approval or disapproval.
    (d) Approval of State Programs.--
            (1) In general.--The Secretary shall approve each such
        application if the Secretary finds that the proposed
        alternative environmental review and approval procedures of the
        State are substantially equivalent to the applicable Federal
        environmental laws and Federal regulations.
            (2) Exclusion.--The National Environmental Policy Act of
        1969 and the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.) shall not apply to any decision by the Secretary to
        approve or disapprove any application submitted pursuant to
        this section.
    (e) Compliance With Permits.--Compliance with a permit or other
approval of a project issued pursuant to a program approved by the
Secretary under this section shall be considered compliance with the
Federal laws and regulations identified in the program approved by the
Secretary pursuant to this section.
    (f) Review and Termination.--
            (1) Review.--All State alternative environmental review and
        approval procedures approved under this section shall be
        reviewed by the Secretary not less than once every 5 years.
            (2) Public notice and comment.--In conducting the review
        process under paragraph (1), the Secretary shall provide notice
        and an opportunity for public comment.
            (3) Extensions and terminations.--At the conclusion of the
        review process, the Secretary may extend the State alternative
        environmental review and approval procedures for an additional
        5-year period or terminate the State program.
    (g) Report to Congress.--Not later than 2 years after the date of
enactment of this section, and annually thereafter, the Secretary shall
submit to Congress a report that describes the administration of the
program.
    (h) Definitions.--For purposes of this section:
            (1) Environmental law.--The term ``environmental law''
        includes any law that provides procedural or substantive
        protection, as applicable, for the natural or built environment
        with regard to the construction and operation of projects.
            (2) Federal environmental laws.--The term ``Federal
        environmental laws'' means laws governing the review of
        environmental impacts of, and issuance of permits and other
        approvals for, the construction and operation of projects,
        including section 102(2)(C) of the National Environmental
        Policy Act of 1969 (42 U.S.C. 4332(2)(C)), section 404 of the
        Federal Water Pollution Control Act (33 U.S.C. 1344), section
        106 of the National Historic Preservation Act (16 U.S.C. 470f),
        and sections 7(a)(2), 9(a)(1)(B), and 10(a)(1)(B) of the
        Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2),
        1538(a)(1)(B), 1539(a)(1)(B)).
            (3) Project.--The term ``project'' means any project
        eligible for federal assistance under title 23, subtitle V of
        title 49, or chapter 53 of title 49 of the United States Code,
        or involves the participation of more than one Department of
        Transportation modal administration or secretarial office.

Output: NEPA Reciprocity Act Directs the Secretary of Transportation to establish a program to eliminate duplicative environmental reviews and approvals under state and federal law for rail and highway transportation projects. Authorizes a state to use state environmental review and approval laws and procedures, consistent with certain requirements, in lieu of federal environmental laws and regulations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Commissions Act of 2004''.

SEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES UNDER LAW OF WAR OR IN
              FURTHERANCE OF TERRORISM.

    (a) In General.--Subchapter XI of chapter 47 of title 10, United
States Code (the Uniform Code of Military Justice), is amended by
inserting after section 935 (article 135) the following new section:
``Sec. 935a. Art. 135a. Military commissions for offenses against the
              law of war or in furtherance of terrorism
    ``(a) A military commission covered by this section may be
appointed only by the President or a person designated by the President
for such purpose.
    ``(b) A military commission appointed under subsection (a) may try
any person, not a citizen of the United States, for one or more
offenses against the law of war or in furtherance of terrorism.
    ``(c) A military commission shall consist of not less than three
members and not more than seven members. However, in a case in which
the accused may be sentenced to a penalty of death, the commission
shall consist of seven members. The commission may also include not
more than two alternate members. Each member and alternate member shall
be a commissioned officer of the armed forces.
    ``(d) A military commission shall have a presiding officer, who
shall be appointed from among the members. The presiding officer shall
be a judge advocate and shall preside over the proceedings of the
commission to ensure a full, fair, and expeditious trial. The presiding
officer shall rule upon all questions of law and all interlocutory
questions arising during the proceedings. A majority of the members may
overrule the presiding officer on any ruling that excludes evidence on
the merits.
    ``(e) Trial and defense counsel shall be detailed for a military
commission on the same basis as such counsel are detailed for a general
court-martial under section 827 (article 27).
    ``(f) Members of a military commission shall deliberate and vote in
closed conference. Voting on the findings and on the sentence shall be
by secret written ballot.
    ``(g) A military commission covered by this section may not find a
person guilty of an offense, and may not determine a sentence, except
by the concurrence of two-thirds of the members present at the time the
vote is taken. The commission may not sentence a person to suffer death
except by the concurrence of all the members as to the findings and as
to the sentence.
    ``(h) A military commission may, under such limitations as the
President may prescribe, adjudge any punishment permitted by the law of
war, including death, imprisonment for life or for any lesser term,
payment of a fine or restitution, or such other lawful punishment or
punishments as the commission shall determine to be proper. The
sentence of death may be adjudged only if the accused has been found
guilty of spying or an offense causing the death of one or more
persons. A commission may not sentence any person to suffer death for
an offense committed before the person attained the age of eighteen
years. A sentence of death may not be executed until approved by the
President.
    ``(i) Pursuant to section 936 (Article 36) of the chapter, the
President may prescribe rules of evidence and procedure for trial by a
military commission. The accused in a military commission shall be
given the following minimum rights and protections:
            ``(1) The accused shall have the right to a fair trial,
        without adverse distinction based upon race, color, gender,
        language, religion, birth, wealth, or any similar criteria.
            ``(2) The accused shall be presumed innocent until proven
        guilty. The burden of proof shall be upon the prosecution to
        prove each element of an offense beyond a reasonable doubt.
            ``(3) The accused shall be informed of the charges against
        him in a language he understands as soon as practicable prior
        to trial.
            ``(4) The accused shall have the right to a public trial,
        unless the appointing authority determines that a closed trial,
        or any portion thereof, is necessary to the national security
        of the United States.
            ``(5) The accused may not be compelled to testify or
        present evidence against himself.
            ``(6) No adverse inference will be drawn against him by
        reason of a decision not to testify on his own behalf.
            ``(7) Evidence obtained through the use of torture (as
        defined in section 2340 of title 18), will not be admitted in
        evidence at trial by a military commission.
            ``(8) The accused shall be entitled to assistance of
        counsel at all stages of proceedings and shall have adequate
        time and facilities available for the preparation of his
        defense. The accused shall have the right to represent himself
        in trail by military commission, subject to the discretion of
        the presiding officer.
            ``(9) The accused shall have the right to present evidence
        and to cross-examine each witness.
            ``(10) The accused shall have equal opportunity to obtain
        witnesses and other evidence in accordance with such
        regulations as the President may prescribe.
            ``(11) The accused shall have access to all evidence that
        trial counsel intends to offer at trial and all evidence known
        to trial counsel or to the commission that tends to exculpate
        him.
            ``(12) The accused shall have the right to be present at
        each stage of the proceedings, unless he engages in conduct
        that the presiding officer determines to be disruptive.
            ``(13) The accused shall not be tried a second time for the
        same offense.
    ``(j) A person found guilty by military commission shall have a
right to review of that finding and any adjudged sentence in accordance
with this section.
    ``(k)(1) After trial, the presiding officer shall promptly
authenticate a verbatim transcript and record of trial.
    ``(2) The appointing authority shall, within a reasonable period of
time, carry out an administrative review of the transcript and record
of trial and take such administrative actions as the authority
considers appropriate, which may include directing the commission to
conduct any necessary supplemental proceedings.
    ``(3) The Secretary of Defense shall review the record of trial
and, within a reasonable period of time, take one or more of the
following actions of the case:
            ``(A) Approve, disapprove, commute, mitigate, or suspend
        the sentence in whole or in part.
            ``(B) Approve or disapprove a finding of guilty, or change
        a finding of guilty to a charge or specification to a finding
        of guilty to a lesser included offense of the offense stated in
        the charge.
    ``(4)(A) Following action by the Secretary of Defense, the Court of
Appeals for the Armed Forces shall review the record of a military
commission--
            ``(i) in any case in which the sentence extends to death or
        to confinement in excess of five years; and
            ``(ii) in any other case that the President may prescribe.
    ``(B) In any case reviewed by it under this subsection, the Court
of Appeals for the Armed Forces may act only with respect to the
findings and sentence as in effect after review by the convening
authority and the Secretary of Defense under subsection (k)(3).
    ``(C) The Court of Appeals for the Armed Forces shall take action
only with respect to matters of law and shall take such action as is
permitted under section 867 (Article 67) of this chapter.
    ``(5) The Supreme Court of the United States shall have
jurisdiction to review, by writ of certiorari, an action of the Court
of Appeals for the Armed Forces under this subsection.
    ``(l) The Secretary of Defense shall submit to Congress each order,
rule, and regulation prescribed under this section. Such order, rule,
or regulation may not take effect until 30 days after it is so
submitted.
    ``(m) Not later than March 15 of each year, the Secretary of
Defense shall submit to Congress a report on the use of military
commissions covered by this section during the preceding calendar year.
The report shall set forth a summary of each case covered by this
section during such year, together with the disposition and current
status of that case. The report shall also set forth a detailed
description of the activities of the Department with respect to
military commissions, a copy of all current rules and regulations
relating to the use of military commissions, and an accounting of all
funds expended on matters relating to the use of military
commissions.''.
    (b) The table of sections at the beginning of such subchapter is
amended by adding at the end the following new item:

``935a. Art. 135a. Military commissions for offenses against the law of
                            war or in furtherance of terrorism.''.

Output:
Military Commissions Act of 2004 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members.

States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial.

Requires members of a military commission to deliberate and vote in closed conference.

Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken; and (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence.

Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections.

Outlines procedures for, and courts of, appeal.