Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair American Corporate Tax Act'' or
``FACT Act''.

SEC. 2. DECREASE IN TOP MARGINAL RATE.

    (a) In General.--Paragraph (1) of section 11(b) of the Internal
Revenue Code of 1986 is amended--
            (1) by inserting ``and'' at the end of subparagraph (B),
            (2) by striking subparagraphs (C) and (D) and inserting the
        following subparagraph:
                    ``(C) 28 percent of so much of the taxable income
                as exceeds $75,000.'',
            (3) by striking ``of $100,000'' and inserting ``of
        $75,000'',
            (4) by striking ``$11,750'' and inserting ``$7,250'', and
            (5) by striking the third sentence.
    (b) Certain Personal Service Corporations.--Paragraph (2) of
section 11(b) of such Code is amended by striking ``35 percent'' and
inserting ``28 percent''.
    (c) Conforming Amendments.--
            (1) Subsection (a) of section 1201 of such Code is amended
        by striking ``35 percent'' each place it appears and inserting
        ``28 percent''.
            (2) Paragraphs (1), (2), and (6) of section 1445(e) of such
        Code are each amended by striking ``35 percent'' and inserting
        ``28 percent''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010.

SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS.

    (a) In General.--Section 894 of the Internal Revenue Code of 1986
(relating to income affected by treaty) is amended by adding at the end
the following new subsection:
    ``(d) Limitation on Treaty Benefits for Certain Deductible
Payments.--
            ``(1) In general.--In the case of any deductible related-
        party payment, the amount of any withholding tax imposed under
        chapter 3 (and any tax imposed under subpart A or B of this
        part) with respect to such payment shall not be less than the
        amount which would be imposed if the payment were made directly
        to the foreign parent corporation (taking into account any
        income tax treaty between the United States and the country in
        which the foreign parent corporation is resident).
            ``(2) Deductible related-party payment.--For purposes of
        this subsection, the term `deductible related-party payment'
        means any payment made, directly or indirectly, by any person
        to any other person if the payment is allowable as a deduction
        under this chapter and both persons are members of the same
        foreign controlled group of entities.
            ``(3) Foreign controlled group of entities.--For purposes
        of this subsection--
                    ``(A) In general.--The term `foreign controlled
                group of entities' means a controlled group of entities
                the common parent of which is a foreign corporation.
                    ``(B) Controlled group of entities.--The term
                `controlled group of entities' means a controlled group
                of corporations as defined in section 1563(a)(1),
                except that--
                            ``(i) `more than 50 percent' shall be
                        substituted for `at least 80 percent' each
                        place it appears therein, and
                            ``(ii) the determination shall be made
                        without regard to subsections (a)(4) and (b)(2)
                        of section 1563.
                A partnership or any other entity (other than a
                corporation) shall be treated as a member of a
                controlled group of entities if such entity is
                controlled (within the meaning of section 954(d)(3)) by
                members of such group (including any entity treated as
                a member of such group by reason of this sentence).
            ``(4) Foreign parent corporation.--For purposes of this
        subsection, the term `foreign parent corporation' means, with
        respect to any deductible related-party payment, the common
        parent of the foreign controlled group of entities referred to
        in paragraph (3)(A).
            ``(5) Regulations.--The Secretary may prescribe such
        regulations or other guidance as are necessary or appropriate
        to carry out the purposes of this subsection, including
        regulations or other guidance which provide for--
                    ``(A) the treatment of two or more persons as
                members of a foreign controlled group of entities if
                such persons would be the common parent of such group
                if treated as one corporation, and
                    ``(B) the treatment of any member of a foreign
                controlled group of entities as the common parent of
                such group if such treatment is appropriate taking into
                account the economic relationships among such
                entities.''.
    (b) Effective Date.--The amendment made by this section shall apply
to payments made after the date of the enactment of this Act.

Output: Fair American Corporate Tax Act or FACT Act - Amends the Internal Revenue Code to: (1) decrease from 35% to 28% the top marginal income tax rate for corporations (including personal service corporations); and (2) provide that the amount of any tax withholding for deductible payments made by a U.S. subsidiary of a foreign parent corporation to a related subsidiary in any country that has a tax treaty with the United States shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Our Health Privacy Act''.

SEC. 2. REPORTING REQUIREMENTS.

    (a) Notification in the Case of Breach.--Paragraph (2) of section
13402(i) of division A of the American Recovery and Reinvestment Act of
2009 (42 U.S.C. 17932(i)) is amended to read as follows:
            ``(2) Information.--The information described in this
        paragraph regarding breaches specified in paragraph (1) shall
        include--
                    ``(A) the number and nature of all such breaches,
                including a description of the types of unsecured
                protected health information that were involved in each
                breach;
                    ``(B) the identity of the covered entity involved
                in each breach, or if the breach affected less than 500
                individuals, the kind of covered entity involved (such
                as a health plan, health care clearinghouse, or a
                health care provider who transmits any health
                information in electronic form in connection with a
                transaction covered by this subtitle); and
                    ``(C) actions taken in response to such
                breaches.''.
    (b) Report on Compliance.--Section 13424 of division A of the
American Recovery and Reinvestment Act of 2009 (42 U.S.C. 17954) is
amended--
            (1) in subsection (a)(1)--
                    (A) by amending subparagraph (B) to read as
                follows:
                    ``(B) information about such complaints resolved
                informally, including--
                            ``(i) the number of such complaints
                        resolved informally;
                            ``(ii) a summary of the types of complaints
                        so resolved, including identification of the
                        most common types complaints so resolved,
                        categorized by the privacy and security rule
                        allegedly violated;
                            ``(iii) for each such category, the average
                        amount of time between receipt of a complaint
                        to resolution of such complaint;
                            ``(iv) examples, with entity and patient
                        names and other individually identifiable
                        health information redacted, of complaints
                        resolved informally and the Secretary's
                        rationale for resolving such complaints
                        informally; and
                            ``(v) the number of covered entities that
                        received technical assistance from the
                        Secretary during such year in order to achieve
                        compliance with such provisions and the types
                        of such technical assistance provided.'';
                    (B) in subparagraph (E), by inserting ``and a
                summary of the outcome of such subpoenas or inquiries''
                after ``inquiries issued'';
                    (C) in subparagraph (F), by striking ``following
                year; and'' and inserting ``following year and
                enforcement priorities for the succeeding year;'';
                    (D) in subparagraph (G), by striking the period at
                the end and inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(H) the number of State attorney general actions
                that were pursued under this subtitle and notice of
                which was provided to the Secretary pursuant to section
                1176(d)(4) of the Social Security Act; and
                    ``(I) the number of health privacy or health
                security or data breach complaints referred to the
                Attorney General, including--
                            ``(i) whether the Attorney General declined
                        enforcement; and
                            ``(ii) the number of complaints referred to
                        the Attorney General but returned to the
                        Secretary for enforcement and a summary of
                        enforcement actions taken by the Secretary with
                        respect to such complaints, including informal
                        resolutions, civil monetary penalties,
                        resolution agreements or settlements, or
                        voluntary compliance actions.''; and
            (2) by adding at the end the following:
    ``(g) Annual Studies.--
            ``(1) In general.--For the first year beginning after the
        date of enactment of the Protect Our Health Privacy Act, and
        every year thereafter, the Attorney General shall submit to the
        Committee on the Judiciary of the Senate and the Committee on
        the Judiciary of the House of Representatives a report
        concerning complaints of alleged violations described in
        section 1177 of the Social Security Act, including violations
        of the provisions of this subtitle relating to privacy and
        security of health information, that were referred to the
        Department of Justice by the Department of Health and Human
        Services, the Federal Bureau of Investigation, or another State
        or Federal agency during the year for which the report is being
        prepared.
            ``(2) Requirements.--Each report required under paragraph
        (1) shall--
                    ``(A) be made available to the public on the
                websites of the Department of Justice and the
                Department of Health and Human Services; and
                    ``(B) include, with respect to complaints received
                during the year for which the report is being
                prepared--
                            ``(i) the total number of complaints
                        received;
                            ``(ii) the number of complaints received
                        that were eligible for criminal enforcement;
                        and
                            ``(iii) of the complaints described in
                        clause (ii), a summary of how each complaint
                        was resolved that--
                                    ``(I) includes the rationale for
                                declining enforcement, if applicable;
                                and
                                    ``(II) does not identify the
                                patients, individuals, or entities
                                involved.''.

SEC. 3. ENCRYPTION FOR PORTABLE MEDIA.

    (a) Guidance Regarding Unsecured Protected Health Information.--
            (1) In general.--Section 13402(h)(2) of division A of the
        American Recovery and Reinvestment Act of 2009 (42 U.S.C.
        17932(h)(2)) is amended by inserting ``, including protected
        health information stored on portable media (as defined by the
        Secretary, which shall include thumb drives, laptop computers,
        tablet computers, and other similar devices),'' after
        ``protected health information''.
            (2) Applicable.--The amendment made by paragraph (1) shall
        apply to updated guidance issued under section 13402(h)(2) of
        division A of the American Recovery and Reinvestment Act of
        2009 (42 U.S.C. 17932(h)(2)) after the date of enactment of
        this Act.
    (b) Portable Media Encryption Requirement.--
            (1) In general.--Section 13401 of division A of the
        American Recovery and Reinvestment Act of 2009 (42 U.S.C.
        17931) is amended by adding at the end the following:
    ``(d) Portable Media Encryption Requirement.--Not later than 1 year
after the date of enactment of the Protect Our Health Privacy Act, the
Secretary shall issue regulations to require covered entities and
business associates to render protected health information that is
stored on portable media (as defined by the Secretary, which shall
include thumb drives, laptop computers, tablet computers, and other
similar devices) unusable, unreadable, or indecipherable to
unauthorized individuals.''.
            (2) Conforming amendment.--Section 13401(b) of such Act (42
        U.S.C. 17931(b)) is amended by inserting ``or (d)'' after
        ``subsection (a)''.

SEC. 4. USE OF DATA IN BUSINESS ASSOCIATE CONTRACTS; APPLICATION OF
              MINIMUM NECESSARY STANDARD TO BUSINESS ASSOCIATES.

    (a) In General.--Section 13404 of division A of the American
Recovery and Reinvestment Act (42 U.S.C. 17934) is amended by adding at
the end the following:
    ``(d) Use of Data in Business Associate Contracts; Application of
Minimum Necessary Standard to Business Associates.--
            ``(1) Limitation on scope and use of protected health
        information.--As required by section 164.504(e) of title 45,
        Code of Regulations (as in effect on the date of enactment of
        this subsection), any business associate agreement between a
        covered entity and a business associate shall limit the use of
        protected health information by such business associate--
                    ``(A) to only such information as necessary for the
                performance of the service or function that the covered
                entity has contracted with the business associate to
                perform on behalf of the covered entity; and
                    ``(B) to only those uses that are necessary for the
                performance of the service or function described in
                subparagraph (A).
            ``(2) Application of minimum necessary standard to business
        associates.--Section 164.502(b) of title 45, Code of Federal
        Regulations shall apply to a business associate of a covered
        entity in the same manner that such section applies to the
        covered entity. The additional requirements of this title that
        relate to the minimum necessary standard with respect to the
        use, disclosure, and request of protected health information
        that are made applicable with respect to covered entities shall
        also be applicable to such a business associate and shall be
        incorporated into the business associate agreement between the
        business associate and the covered entity.''.
    (b) Conforming Amendment.--Subsection (c) of such section 13404 (42
U.S.C. 17934) is amended by striking ``(a) or (b)'' and inserting
``(a), (b), or (d)(2)''.
    (c) Clarification.--Nothing in subsection (d)(2) of section 13404
of division A of the American Recovery and Reinvestment Act (42 U.S.C.
17934) (as amended by subsection (a)) affects the application of the
minimum necessary standard to business associates pursuant to section
164.504(e) of title 45, Code of Federal Regulations (relating to
contracts and other arrangements between business associates and
covered entities) as in effect on the date of enactment of this Act.

SEC. 5. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE.

    Title XXX of the Public Health Service Act (42 U.S.C. 300jj et
seq.) is amended by adding at the end the following:

``SEC. 3022. HEALTH INFORMATION TECHNOLOGY IMPROVEMENT INITIATIVE.

    ``(a) In General.--Not later than 18 months after the date of
enactment of the Protect Our Health Privacy Act, the Secretary shall
issue regulations to improve the safety, interoperability, and utility
of health information technology systems.
    ``(b) Content.--The regulations issued under subsection (a) shall
include--
            ``(1) a system to track the effect of health information
        technology on the health of patients; and
            ``(2) minimum quality and risk management requirements for
        health information technology vendors.
    ``(c) Health Information Technology Adverse Health Event
Reporting.--
            ``(1) In general.--The Secretary shall designate an agency
        within the Department of Health and Human Services to
        promulgate regulations relating to a health information
        technology adverse health event reporting program and database.
        The Department shall consider definitions and standards
        developed by the National Quality Forum before promulgating
        such regulations.
            ``(2) Content.--The regulations promulgated under paragraph
        (1) shall include mandatory submission of adverse health event
        reports by health information technology vendors and voluntary
        submission of adverse health event reports by users of health
        information, including patients and their family caregivers.
            ``(3) Use of reports.--The agency designated under
        paragraph (1) shall analyze adverse health event reports and
        report findings and recommendations to the applicable industry
        and policymakers.
            ``(4) Protection of reports.--The agency designated under
        paragraph (1) shall remove identifying information if adverse
        health event reports are made public. An adverse health event
        report may not be admitted or used in any action in a Federal
        or State court or any Federal or State administrative
        proceeding as evidence of fault, liability, or occurrence of an
        adverse health event.
            ``(5) Annual report.--The agency designated under paragraph
        (1) shall use the database established under such paragraph to
        submit to Congress an annual report regarding the use and
        safety of health information technology.''.

Output:
Protect Our Health Privacy Act - Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to expand requirements for reports to Congress on acquisition or disclosure of unsecured protected health information in a breach to include: (1) descriptions of types of such information involved in each breach; and (2) the identity of the covered entity involved in each breach or, if the breach affected fewer than 500 individuals, the kind of covered entity involved.

Revises requirements for the annual compliance report concerning informally resolved complaints of violations relating to privacy and security of health information to require: (1) a summary of the most common types of complaints resolved, (2) statements of the average amount of time between receipt of a complaint to its resolution by category and examples, (3) additional reporting of federal and state enforcement actions and priorities.

Requires the Attorney General to report annually to Congress, and to publish, a study of complaints of alleged violations concerning wrongful disclosure of individually identifiable health information referred to the Department of Justice (DOJ) by the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), or another state or federal agency.

Includes portable media devices in guidance issued by the Secretary concerning technologies and methodologies rendering protected health information unusable by unauthorized individuals. Directs the Secretary to issue regulations requiring covered entities and their business associates to render protected health information stored on such media unusable by unauthorized individuals.

Provides rules for application of regulations concerning health information privacy to use by business associates of covered entities.

Amends the Public Health Service Act to require the Secretary to issue regulations to improve the safety, interoperability, and utility of health information technology systems, including: (1) a system to track the effect of health information technology on patients' health, and (2) minimum quality and risk management requirements for technology vendors.

Requires promulgation of regulations by an HHS-designated agency concerning a health information technology adverse health event reporting program and database and reports by such agency on its findings to industry and policymakers.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alaska Natural Gas Pipeline
Improvement Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) North American demand for natural gas is expected to
        increase dramatically over the course of the next several
        decades, as described in section 114 of the Alaska Natural Gas
        Pipeline Act of 2004 (15 U.S.C. 720l);
            (2) although North American natural gas supplies are
        adequate to meet customer needs in calendar years 2011 and 2012
        and for the near future, the availability of Alaska gas as an
        additional domestic source would further shield the United
        States from any future reliance on overseas energy supplies in
        the years ahead;
            (3) 2 military installations in the Fairbanks North Star
        Borough, Alaska, Fort Wainwright and Eielson Air Force Base--
                    (A) are a central component of the ability of the
                United States to project power over a vast area of the
                Pacific region;
                    (B) are home to approximately 23,000 military
                members and families;
                    (C) are located along or relatively adjacent to any
                cost-effective Alaska natural gas pipeline project
                corridor; and
                    (D) would benefit from access to affordable natural
                gas supplies drawn from the proposed Alaska natural gas
                pipeline project, freeing up funding for pursuing mid-
                term and long-term renewable energy goals;
            (4) the Fairbanks North Star Borough--
                    (A) suffers from a thermal inversion that traps
                particulate emissions and other air pollutants; and
                    (B) has been declared a nonattainment zone for
                failing to achieve reductions in particulate matter by
                the Environmental Protection Agency;
            (5) the availability of affordable clean-burning natural
        gas would significantly improve air quality in the public
        health interest of Borough residents;
            (6) the most logical route for an Alaska natural gas
        transportation project (as defined in section 102 of the Alaska
        Natural Gas Pipeline Act of 2004 (15 U.S.C. 720)) would travel
        through Atigun Pass;
            (7) Atigun Pass--
                    (A) holds both the James W. Dalton Highway and the
                trans-Alaska oil pipeline, both of which are essential
                to the strategically important operation of North Slope
                oil fields; and
                    (B) is the highest-altitude point on the Dalton
                Highway (with an elevation of 4,739 feet or 1,422
                meters) and is on the Continental Divide;
            (8) space constraints and difficulties of Arctic
        construction in Atigun Pass restrict the available right-of-
        way, allowing room for only 1 additional pipeline in the
        preferred route through the Pass;
            (9) the public interest would best be served by all
        proponents of a natural gas pipeline from the Alaska North
        Slope agreeing on a single project that--
                    (A) passes through Atigun Pass, taking advantage of
                the preferred right-of-way and avoiding costly
                duplication of design, permitting, and construction
                expenses that would fall on consumers; and
                    (B) serves Alaskans and other North American
                consumers; and
            (10) a natural gas pipeline with sufficient capacity to
        facilitate economic transportation of natural gas as part of a
        Alaska natural gas transportation project (as defined in
        section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15
        U.S.C. 720)) is in the national interest.

SEC. 3. DEFINITION OF ALASKA NATURAL GAS TRANSPORTATION PROJECT.

    Section 102 of the Alaska Natural Gas Pipeline Act of 2004 (15
U.S.C. 720) is amended by striking paragraph (2) and inserting the
following:
            ``(2) Alaska natural gas transportation project.--The term
        `Alaska Natural Gas Transportation Project' means--
                    ``(A) any natural gas pipeline system that carries
                Alaska natural gas to the border between Alaska and
                Canada (including related facilities subject to the
                jurisdiction of the Commission) that is authorized
                under--
                            ``(i) the Alaska Natural Gas Transportation
                        Act of 1976 (15 U.S.C. 719 et seq.); or
                            ``(ii) section 103; and
                    ``(B) any pipeline segment that the Commission
                finds could feasibly be incorporated into and serve as
                an integrated segment of the system described in
                subparagraph (A) (including the construction and
                operation of the segment), which shall be subject to
                this Act and the jurisdiction of the Commission under
                the Natural Gas Act (15 U.S.C. 717 et seq.), regardless
                of whether the segment--
                            ``(i) is proposed and constructed prior to
                        the construction of the entire system described
                        in subparagraph (A); or
                            ``(ii) initially transports Alaska natural
                        gas solely for delivery to consumers within the
                        State of Alaska.''.

Output: Alaska Natural Gas Pipeline Improvement Act of 2011 - Amends the Alaska Natural Gas Pipeline Act of 2004 to include in the Alaska Natural Gas Transportation Project (carrying Alaska natural gas to the Canadian border) any pipeline segment that the Federal Energy Regulatory Commission (FERC) finds could feasibly be incorporated into and serve as an integrated segment of that system, regardless of whether it: (1) is proposed and constructed before construction of the entire system, or (2) initially transports natural gas solely for delivery to customers within Alaska.


Input:
TITLE I--EXPANSION OF CERTAIN WILDERNESS AREAS

SEC. 101. PTARMIGAN PEAK WILDERNESS.

    Section 2(a)(18) of the Colorado Wilderness Act of 1993 (Public Law
103-77; 16 U.S.C. 1132 note) is amended by inserting after ``January,
1993'' the following: ``; the approximately 2,000 acres of land known
as Ute Pass and the approximately 900 acres of land known as Acorn
Creek, both located in Summit County, Colorado, and generally depicted
on the map entitled `Ptarmigan Peak', numbered ____, and dated ____.''.

SEC. 102. RAGGEDS WILDERNESS.

    Section 102(a)(16) of Public Law 96-560 (16 U.S.C. 1132 note; 94
Stat. 3267) is amended by inserting after ``November 1980'' the
following: ``; and the approximately 1,500 acres of land located in
Gunnison County, Colorado, and generally depicted on the map entitled
`Raggeds', numbered ____, and dated ____''.

SEC. 103. HUNTER-FRYINGPAN WILDERNESS.

    Section 2(e) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; 92 Stat. 41) is amended by inserting after ``Area--
Proposed'' the following: ``; the approximately 3,000 acres of land
known as North Independence A and the approximately 1,100 acres of land
known as Hunter both located in Pitkin County, Colorado, and generally
depicted on the map entitled `Hunter-Fryingpan', numbered ____, and
dated ____''.

                TITLE II--RED TABLE MOUNTAIN WILDERNESS

SEC. 201. RED TABLE MOUNTAIN WILDERNESS.

    (a) Red Table Mountain Wilderness.--In furtherance of the purposes
of the Wilderness Act, the approximately 50,000 acres of land located
in Eagle County, Colorado, and generally depicted on the map entitled
``Red Table'', numbered ____, and dated ____'' are hereby designated as
wilderness and therefore as a component of the National Wilderness
Preservation System. Such component shall be known as ``Red Table
Mountain Wilderness''.
    (b) Management.--Subject to valid existing rights, land designated
as wilderness by this title shall be managed by the Secretary, as
appropriate, in accordance with this title and--
            (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except
        that, with respect to any wilderness areas designated by this
        title, any reference in the Wilderness Act to the effective
        date of the Wilderness Act shall be deemed to be a reference to
        the date of the enactment of this title;
            (2) the Federal Land Policy and Management Act of 1976 (43
        U.S.C. 1701 et seq.); and
            (3) other applicable law.
    (c) Water Infrastructure.--Nothing in this title (including the
provisions related to establishment or management of the Red Table
Mountain Wilderness Area) shall affect, impede, interfere with, or
diminish the operation, existence, access, maintenance, improvement, or
construction of water facilities and infrastructure, rights-of-way, or
other water-related property, interests, and uses, (including the use
of motorized vehicles and equipment existing or located on lands within
the Red Table Mountain Wilderness Area).
    (d) High Voltage Transmission Electricity Lines or Electrical Power
Lines.--The Secretary shall allow for maintenance of rights-of-ways and
access roads located within the Red Table Mountain Wilderness Area to
the extent necessary to operate a transmission line or electrical power
line in a manner that avoids negative impacts on public safety and
allows for compliance with State and/or Federal safety requirements.
Such maintenance may include vegetation management, road maintenance,
ground stabilization, and motorized vehicle access.
    (e) Withdrawals.--Subject to valid existing rights, all Federal
lands within the Red Table Mountain Wilderness Area are withdrawn
from--
            (1) all forms of entry, appropriation, or disposal under
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) the operation of the mineral leasing, mineral
        materials, and geothermal leasing laws, and all amendments
        thereto.
    (f) Aerial Navigation Training Exercises.--
            (1) In general.--The Colorado Army National Guard, through
        the High Altitude ARNG Aviation Training Site, shall continue
        to be allowed to conduct aerial navigation training maneuver
        exercises over and upon the lands within the Red Table Mountain
        Wilderness Area in a manner consistent with the memorandum of
        understanding dated August 4, 1987, (or a subsequent memorandum
        of understanding entered into by all of the same parties),
        among the Colorado Army National Guard, the Bureau of Land
        Management, and the United States Forest Service as interpreted
        and implemented prior to the date of the enactment of this
        title.
            (2) Review and modification of memorandum of
        understanding.--The memorandum of understanding referred to in
        paragraph (1) may be modified subject to the agreement of all
        parties thereto. The parties to the memorandum of understanding
        shall review the memorandum and associated annual operating
        plan not later than 180 days after the date of the enactment of
        this title, and annually thereafter while the memorandum of
        understanding is in effect. The review shall include
        consideration of alternative locations over National Forest
        System lands and lands administered by the Bureau of Land
        Management outside of the Red Table Mountain Wilderness Area
        for the conduct of activities identified in the memorandum. If
        the Colorado Army National Guard identifies such an alternate
        location outside of the Red Table Mountain Wilderness Area that
        meets its aerial training needs, the memorandum of
        understanding shall be modified accordingly, subject to the
        agreement of all parties thereto.
    (g) Hunting and Fishing.--Nothing in this title shall affect the
authority of the Colorado Division of Wildlife to regulate hunting or
fishing in the Red Table Mountain Wilderness Area.
    (h) Grazing.--
            (1) In general.--Except as provided by paragraph (2), the
        Secretary shall issue and administer any grazing leases or
        permits in the Red Table Mountain Wilderness Area in accordance
        with the same laws (including regulations) and Executive orders
        followed by the Secretary in issuing and administering grazing
        leases and permits on other land under the jurisdiction of the
        Forest Service.
            (2) Grazing in wilderness area.--Grazing of livestock in
        the Red Table Mountain Wilderness Area on lands that are under
        the jurisdiction of the Forest Service shall be administered in
        accordance with the provisions of section 4(d)(4) of the
        Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the
        guidelines set forth under the heading ``Grazing in National
        Forest Wilderness'' in House Report 96-617 of the 96th
        Congress.
    (i) No Buffer Zones.--Congress does not intend for the
establishment of the Red Table Mountain Wilderness Area to lead to the
creation of protective perimeters or buffer zones around the Red Table
Mountain Wilderness Area. The fact that there may be activities or uses
on lands outside the Red Table Mountain Wilderness Area that would not
be allowed in the Red Table Mountain Wilderness Area shall not preclude
such activities or uses on such lands up to the boundary of the Red
Table Mountain Wilderness Area consistent with other applicable laws.

SEC. 202. WATER RIGHTS.

    (a) Findings.--Congress finds as follows:
            (1) The lands designated as wilderness by this title are
        located at the headwaters of the streams and rivers on those
        lands, with few, if any, actual or proposed water resource
        facilities located upstream from such lands and few, if any,
        opportunities for diversion, storage, or other uses of water
        occurring outside such lands that would adversely affect the
        wilderness or other values of such lands.
            (2) The lands designated as wilderness by this title
        includes several water resource facilities which provide for
        important water storage and transmission of water for the
        benefit of private owners of decreed water rights and the Town
        of Gypsum.
            (3) It is possible to provide for proper management and
        protection of the wilderness and other values of such lands in
        ways different from those used in other legislation designating
        as wilderness lands not sharing the attributes of the lands
        designated as wilderness by this title.
    (b) Statutory Construction.--
            (1) Nothing in this title shall constitute or be construed
        to constitute either an express or implied reservation of any
        water or water rights with respect to the land designated as
        wilderness by this title.
            (2) Nothing in this title shall affect any conditional or
        absolute water rights in the State of Colorado existing on the
        date of the enactment of this title.
            (3) Nothing in this subsection shall be construed as
        establishing a precedent with regard to any future wilderness
        designations.
            (4) Nothing in this title shall be construed as limiting,
        altering, modifying, or amending any of the interstate compacts
        or equitable apportionment decrees that apportion water among
        and between the State of Colorado and other States.
    (c) Prohibition Against Instream Flow Permit Conditions.--The
Secretary shall not, as a condition of permit renewal for existing
facilities on National Forest System lands, impose bypass or other
minimum instream flow requirements within or upstream of the Red Table
Mountain Wilderness Area.

SEC. 203. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of the
enactment of this title, the Secretary shall submit to Congress a copy
of the maps referred to in section 201 and legal descriptions of the
land designated as wilderness by this title. The Secretary shall
reflect, as necessary, the boundaries referred to in subsection (e) on
the maps and legal descriptions submitted under this subsection.
    (b) Force and Effect.--The maps and legal descriptions shall have
the same force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in the Map and
the legal descriptions.
    (c) Public Availability.--Copies of the maps and the legal
descriptions shall be on file and available for public inspection in--
            (1) the office of the Chief of the Forest Service; and
            (2) the office of the White River National Forest in
        Glenwood Springs, Colorado.
    (d) Map Controlling.--In the case of a discrepancy between the maps
and the legal descriptions, the maps shall control.
    (e) Areas Not Included in Red Table Mountain Wilderness.--
Notwithstanding the Map, or any other provision of this title, the
following areas shall not be included in the Red Table Mountain
Wilderness Area:
            (1) Any FAA site, parking area, or appurtenant access
        roads, power lines, facility or equipment, including an area 25
        yards surrounding any such site, facility, area, or equipment.
            (2) The Town of Gypsum's Mosher intake facility, and any
        pipes or related facilities, including an area at least 200
        linear feet upstream of the present facilities and 25 yards
        surrounding the facility and any related pipes or facilities.
            (3) The LEDE Ditch and Pipeline, and an access road for the
        LEDE Reservoir, including an area 25 yards surrounding any such
        ditch, pipeline or road.
            (4) The Eye Lake Reservoir and Eye Lake Supply Ditch, any
        related facilities in existence now or developed in the future
        designed to develop decreed water rights, including an area 25
        yards surrounding any such reservoir, ditch or facilities,
        unless the White River National Forest and the Town of Gypsum
        certify to the Chairman and Ranking Member of the House
        Resources Committee and the Senate Energy and Natural Resources
        Committee that the decreed diversion points for the above
        decreed water rights have been moved to the LEDE Reservoir, and
        any necessary permits or actions have been taken, thereby
        removing the need to utilize the Eye Lake Reservoir and Eye
        Lake Ditch.
            (5) Red Creek Road (FDR 425), Red Table Road (FDR 514),
        Muckey Lake Road (FDR 425.1B), and Antones Creek Road (FKR
        457), including an area 10 yards to either side of the roads.
            (6) FDR 464, FDR 433, and FDR 431, including an area 10
        yards to either side of the roads.
            (7) White Creek Trail (FDT 1862), Sundell Trail (FDT 1863),
        Sourdough Lake Trail (FDT 1863.1A), Muckey Lake Trail (FDT
        1863.2B), Mount Thomas Trail (FDT 1870), Antones Trail (FDT
        1871), and Antones Lakes Trail (FDT 1871.1C), including an area
        10 yards to either side of the trails.

Output: Amends the Colorado Wilderness Act of 1993, Public Law 96-560 (designating certain National Forest System lands in the State of Colorado for inclusion in the National Wilderness Preservation System), and the American Wilderness Act of 1978 to designate specified lands in Acorn Creek, Gunnison, and Pitkin Counties, Colorado, as wilderness areas.Designates certain land in Eagle County, Colorado, as wilderness, the Red Table Mountain Wilderness Area (the "Area"). Directs the Secretary of Agriculture to allow for the maintenance of rights-of-way and access roads located within the Area in order to operate a transmission line or electrical power line.Withdraws all Federal lands within the Area from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws.Permits continued aerial navigation training exercises by the Colorado Army National Guard in the Area.Declares that Congress does not intend for the establishment of protective perimeters or buffer zones around the Area.States that nothing in this Act shall be construed to: (1) constitute a reservation of any water or water rights in lands designated as wilderness; (2) affect any conditional or absolute water rights in Colorado; (3) establish a precedent with regard to future wilderness designations; or (4) affect compacts and decrees apportioning water among and between Colorado and other States.Prohibits the Secretary from making instream flow permit conditions within or upstream of the Area on existing facilities on National Forest System lands.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Tax Freedom Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) As a massive global network spanning not only State but
        international borders, the Internet is inherently a matter of
        interstate and foreign commerce within the jurisdiction of the
        United States Congress under Article I, Section 8 of the United
        States Constitution.
            (2) Even within the United States, the Internet does not
        respect State lines and operates independently of State
        boundaries. Addresses on the Internet are designed to be
        geographically indifferent. Internet transmissions are
        insensitive to physical distance and can have multiple
        geographical addresses.
            (3) Because transmissions over the Internet are made
        through packet-switching, it is impossible to determine with
        any degree of certainty the precise geographic route or
        endpoints of specific Internet transmissions, and infeasible to
        separate intrastate from interstate, and domestic from foreign,
        Internet transmissions.
            (4) Inconsistent and unadministrable taxes imposed on
        Internet activity by State and local governments threaten not
        only to subject consumers, businesses, and other users engaged
        in interstate and foreign commerce to multiple, confusing, and
        burdensome taxation, but also to restrict the growth and
        continued technological maturation of the Internet itself, and
        to call into question the continued viability of this dynamic
        medium.
            (5) Because the tax laws and regulations of so many
        jurisdictions were established before the Internet or
        interactive computer services, their application to this new
        medium in unintended and unpredictable ways threatens every
        Internet user, access provider, vendor, and interactive
        computer service provider.
            (6) The electronic marketplace of services, products, and
        ideas available through the Internet or interactive computer
        services can be especially beneficial to senior citizens, the
        physically challenged, citizens in rural areas, and small
        businesses. It also offers a variety of uses and benefits for
        educational institutions and charitable organizations.
            (7) Consumers, businesses, and others engaging in
        interstate and foreign commerce through the Internet or
        interactive computer services could become subject to more than
        30,000 separate taxing jurisdictions in the United States
        alone.
            (8) The consistent and coherent national policy regarding
        taxation of Internet activity that is needed to avoid burdening
        this evolving form of interstate and foreign commerce can best
        be achieved by the United States exercising its authority under
        Article I, Section 8, Clause 3 of the United States
        Constitution.

SEC. 3. MORATORIUM ON IMPOSITION OF TAXES ON INTERNET OR INTERACTIVE
              COMPUTER SERVICES.

    (a) Moratorium.--Except as otherwise provided in this section, no
State or local government (including any political subdivision) may
impose, assess, or attempt to collect any tax or fee directly or
indirectly on--
            (1) the Internet or interactive computer services; or
            (2) the use of the Internet or interactive computer
        services.
    (b) Preservation of State and Local Taxing Authority.--Subsection
(a)--
            (1) does not apply to taxes imposed on and measured by net
        income derived from the Internet or interactive computer
        services;
            (2) does not apply to fairly apportioned business license
        taxes applied to businesses that have a business location in
        the taxing jurisdiction, and
            (3) does not affect the authority of a State, or political
        subdivision thereof, to impose a sales or use tax on sales or
        other transactions effected by use of the Internet or
        interactive computer services if--
                    (A) the tax is the same as the tax imposed and
                collected by that State, or political subdivision
                thereof, on sales or interstate transactions effected
                by mail order, telephone, or other remote means within
                its taxing jurisdiction; and
                    (B) the obligation to collect the tax from sales or
                other transactions effected by use of the Internet or
                interactive computer services is imposed on the same
                person or entity as in the case of sales or
                transactions effected by mail order, telephone, or
                other remote means.

SEC. 4. ADMINISTRATION POLICY RECOMMENDATIONS TO CONGRESS.

    (a) Consultative Group.--The Secretaries of the Treasury, Commerce,
or State, in consultation with appropriate committees of the Congress,
consumer and business groups, States and political subdivisions
thereof, and other appropriate groups, shall--
            (1) undertake an examination of United States domestic and
        international taxation of the Internet and interactive computer
        services, as well as commerce conducted thereon; and
            (2) jointly submit appropriate policy recommendations
        concerning United States domestic and foreign policies toward
        taxation of the Internet and interactive computer services, if
        any, to the President within 18 months after the date of
        enactment of this Act.
    (b) President.--Not later than 2 years after the date of enactment
of this Act, the President shall transmit to the appropriate committees
of Congress policy recommendations on the taxation of sales and other
transactions effected on the Internet or through interactive computer
services.
     (c) Recommendations to Be Consistent With Telecommunications Act
of 1996 Policy Statement.--The Secretaries and the President shall take
care to ensure that any such policy recommendations are fully
consistent with the policy set forth in paragraphs (1) and (2) of
section 230(b) of the Communications Act of 1934 (47 U.S.C. 230(b)).

SEC. 5. BAN ON REGULATION OF INTERNET PRICES BY THE FEDERAL
              COMMUNICATIONS COMMISSION.

    (a) Prohibition on Commission Regulation of Computer Services.--
Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is
amended--
            (1) by redesignating subsections (d) and (e) as subsections
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new
        subsection:
    ``(d) Prohibition on Commission Regulation of Computer Services.--
The Commission shall have no authority or jurisdiction under this Act,
nor shall any State commission have any authority or jurisdiction, to
regulate the prices or charges paid by subscribers for interactive
computer services, or information services transmitted through the
Internet, except for the requirement in section 254(h) that such
services be provided at affordable rates to rural health care
providers, schools, and libraries.''.
    (b) Conforming Amendment.--Section 223(h)(2) of the Communications
Act of 1934 (47 U.S.C. 223(h)(2)) is amended by striking ``230(e)(2)''
and inserting ``230(f)(2)''.

SEC. 6. DECLARATION THAT THE INTERNET BE FREE OF FOREIGN TARIFFS, TRADE
              BARRIERS, AND OTHER RESTRICTIONS.

    It is the sense of the Congress that the President should seek
bilateral and multilateral agreements through the World Trade
Organization, the Organization for Economic Cooperation and
Development, the Asia Pacific Economic Cooperation Council, or other
appropriate international fora to establish activity on the Internet
and interactive computer services is free from tariff and taxation.

SEC. 7. DEFINITIONS.

    For purposes of this Act--
            (1) Internet; interactive computer service.--The terms
        ``Internet'' and ``interactive computer service'' have the
        meaning given such terms by paragraphs (1) and (2),
        respectively, of section 230(e) of the Communications Act of
        1934 (47 U.S.C. 230(e)).
            (2) Tax.--The term ``tax'' includes any tax, license, or
        fee that is imposed by any governmental entity and the
        imposition on the seller of an obligation to collect and remit
        a tax imposed on the buyer.

Output:
Internet Tax Freedom Act - Prohibits a State or local government from imposing, assessing, or attempting to collect any tax or fee on the Internet or interactive computer services (ICs) or on their use. Preserves State and local taxing authority with respect to income, license, and sales taxes.
Directs the Secretaries of the Treasury, Commerce, or State to: (1) undertake an examination of U.S. and international taxation of the Internet and ICs, as well as commerce conducted thereon; and (2) jointly submit to the President appropriate policy recommendations concerning such taxation.  Directs the President to transmit to the appropriate congressional committees policy recommendations on the taxation of sales and other transactions effected on the Internet or through ICs.  Requires all such recommendations to be consistent with policy statements of the Telecommunications Act of 1996.
Amends the Communications Act of 1934 to state that the Federal Communications Commission or any equivalent State commission shall have no regulatory authority or jurisdiction with respect to charges paid by subscribers for ICs or information services transmitted through the Internet, except for the requirement that such services be provided at affordable rates to rural health care providers, schools, and libraries.
Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international forums to establish that activity on the Internet and ICs be free from tariff and taxation.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Railroad Infrastructure Financing
Improvement Act of 1997''.

SEC. 2. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS.

    (a) Amendment to Title 49, United States Code.--Part B of subtitle
V of title 49, United States Code, is amended by inserting after
chapter 221 the following new chapter:

         ``CHAPTER 223--RAIL INFRASTRUCTURE AND EQUIPMENT LOANS

``Sec.
``22301. Definitions.
``22302. Direct loans and loan guarantees.
``22303. Administration of direct loans and loan guarantees.

``SEC. 22301. DEFINITIONS.

    ``For purposes of this chapter:
            ``(1)(A) The term `cost' means the estimated long-term cost
        to the Government of a direct loan or loan guarantee,
        calculated on a net present value basis, excluding
        administrative costs and any incidental effects on governmental
        receipts or outlays.
            ``(B) The cost of a direct loan shall be the net present
        value, at the time when the direct loan is disbursed, of the
        following cash flows:
                    ``(i) Loan disbursements.
                    ``(ii) Repayments of principal.
                    ``(iii) Payments of interest and other payments by
                or to the Government over the life of the loan after
                adjusting for estimated defaults, prepayments, fees,
                penalties, and other recoveries.
            ``(C) The cost of a loan guarantee shall be the net present
        value when a guaranteed loan is disbursed, of the following
        cash flows:
                    ``(i) Estimated payments by the Government to cover
                defaults and delinquencies, interest subsidies, or
                other payments.
                    ``(ii) Estimated payments to the Government,
                including origination and other fees, penalties, and
                recoveries.
            ``(D) Any Government action that alters the estimated net
        present value of an outstanding direct loan or loan guarantee
        (except modifications within the terms of existing contracts or
        through other existing authorities) shall be counted as a
        change in the cost of that direct loan or loan guarantee. The
        calculation of such changes shall be based on the estimated
        present value of the direct loan or loan guarantee at the time
        of modification.
            ``(E) In estimating net present values, the discount rate
        shall be the average interest rate on marketable Treasury
        securities of similar maturity to the direct loan or loan
        guarantee for which the estimate is being made.
            ``(2) The term `direct loan' means a disbursement of funds
        by the Government to a non-Federal borrower under a contract
        that requires the repayment of such funds. The term includes
        the purchase of, or participation in, a loan made by another
        lender. The term does not include the acquisition of a
        federally guaranteed loan in satisfaction of default claims.
            ``(3) The term `direct loan obligation' means a binding
        agreement by the Secretary of Transportation to make a direct
        loan when specified conditions are fulfilled by the borrower.
            ``(4) The term `loan guarantee' means any guarantee,
        insurance, or other pledge with respect to the payment of all
        or a part of the principal or interest on any debt obligation
        of a non-Federal borrower to a non-Federal lender, but does not
        include the insurance of deposits, shares, or other
        withdrawable accounts in financial institutions.
            ``(5) The term `loan guarantee commitment' means a binding
        agreement by the Secretary to make a loan guarantee when
        specified conditions are fulfilled by the borrower, the lender,
        or any other party to the guarantee agreement.
            ``(6) The term `railroad carrier' has the meaning given
        that term in section 20102.

``SEC. 22302. DIRECT LOANS AND LOAN GUARANTEES.

    ``(a) General Authority.--The Secretary of Transportation may
provide direct loans and loan guarantees to State and local
governments, government sponsored authorities and corporations, and
railroad carriers.
    ``(b) Eligible Purposes.--
            ``(1) In general.--Direct loans and loan guarantees under
        this section shall be used to--
                    ``(A) acquire, improve, or rehabilitate rail
                equipment or facilities, including track, components of
                track, bridges, yards, buildings, and shops;
                    ``(B) refinance outstanding debt incurred for the
                purposes described in subparagraph (A); or
                    ``(C) develop or establish new railroad facilities.
            ``(2) Operating expenses not eligible.--Direct loans and
        loan guarantees under this section shall not be used for
        railroad operating expenses.
    ``(c) Priority Projects.--In granting applications for direct loans
or guaranteed loans under this section, the Secretary shall give
priority to projects that--
            ``(1) enhance public safety;
            ``(2) enhance the environment;
            ``(3) promote economic development;
            ``(4) enable United States companies to be more competitive
        in international markets;
            ``(5) are endorsed by the plans prepared under section 135
        of title 23 by the State or States in which they are located;
        or
            ``(6) preserve rail service to small communities or rural
        areas.
    ``(d) Extent of Authority.--The aggregate unpaid principal amounts
of obligations under direct loans and loan guarantees made under this
section shall not exceed $5,000,000,000 at any one time.
    ``(e) Rates of Interest.--
            ``(1) Direct loans.--The Secretary shall require interest
        to be paid on a direct loan made under this section at a rate
        not less than that necessary to recover the cost of making the
        loan.
            ``(2) Loan guarantees.--The Secretary shall not make a loan
        guarantee under this section if the interest rate for the loan
        exceeds that which the Secretary determines to be reasonable,
        taking into consideration the prevailing interest rates and
        customary fees incurred under similar obligations in the
        private capital market.
    ``(f) Infrastructure Partners.--
            ``(1) Authority of secretary.--In lieu of or in combination
        with appropriations of budget authority to cover the costs of
        direct loans and loan guarantees as required under section
        504(b)(1) of the Federal Credit Reform Act of 1990, the
        Secretary may accept on behalf of an applicant for assistance
        under this section a commitment from a non-Federal source to
        fund in whole or in part credit risk premiums with respect to
        the loan that is the subject of the application. In no event
        shall the aggregate of appropriations of budget authority and
        credit risk premiums described in this paragraph with respect
        to a direct loan or loan guarantee be less than the cost of
        that direct loan or loan guarantee.
            ``(2) Credit risk premium amount.--The Secretary shall
        determine the amount required for credit risk premiums under
        this subsection on the basis of--
                    ``(A) the circumstances of the applicant, including
                the amount of collateral offered;
                    ``(B) the proposed schedule of loan disbursements;
                    ``(C) historical data on the repayment history of
                similar borrowers;
                    ``(D) consultation with the Congressional Budget
                Office; and
                    ``(E) any other factors the Secretary considers
                relevant.
            ``(3) Payment of premiums.--Credit risk premiums under this
        subsection shall be paid to the Secretary before the
        disbursement of loan amounts.
            ``(4) Cohorts of loans.--In order to maintain sufficient
        balances of credit risk premiums to adequately protect the
        Federal Government from risk of default, while minimizing the
        length of time the Government retains possession of those
        balances, the Secretary shall establish cohorts of loans. When
        all obligations attached to a cohort of loans have been
        satisfied, credit risk premiums paid for the cohort, and
        interest accrued thereon, which were not used to mitigate
        losses shall be returned to the original source on a pro rata
        basis.
    ``(g) Prerequisites for Assistance.--The Secretary shall not make a
direct loan or loan guarantee under this section unless the Secretary
has made a finding in writing that--
            ``(1) repayment of the obligation is required to be made
        within a term of not more than 25 years from the date of its
        execution;
            ``(2) the direct loan or loan guarantee is justified by the
        present and probable future demand for rail services;
            ``(3) the applicant has given reasonable assurances that
        the facilities or equipment to be acquired, rehabilitated,
        improved, developed, or established with the proceeds of the
        obligation will be economically and efficiently utilized;
            ``(4) the obligation can reasonably be repaid, using an
        appropriate combination of credit risk premiums and collateral
        offered by the applicant to protect the Federal Government; and
            ``(5) the purposes of the direct loan or loan guarantee are
        consistent with subsection (b).
    ``(h) Conditions of Assistance.--The Secretary shall, before
granting assistance under this section, require the applicant to agree
to such terms and conditions as are sufficient, in the judgment of the
Secretary, to ensure that, as long as any principal or interest is due
and payable on such obligation, the applicant, and any railroad carrier
for whose benefit the assistance is intended--
            ``(1) will not use any funds or assets from railroad
        operations for nonrail purposes, if such use would impair the
        ability of the applicant or railroad carrier to provide rail
        services in an efficient and economic manner, or would
        adversely affect the ability of the applicant or railroad
        carrier to perform any obligation entered into by the applicant
        under this section;
            ``(2) will, consistent with its capital resources, maintain
        its capital program, equipment, facilities, and operations on a
        continuing basis; and
            ``(3) will not make any discretionary dividend payments
        that unreasonably conflict with the purposes stated in
        subsection (b).

``SEC. 22303. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.

    ``(a) Applications.--The Secretary of Transportation shall
prescribe the form and contents required of applications for assistance
under section 22302, to enable the Secretary to determine the
eligibility of the applicant's proposal, and shall establish terms and
conditions for direct loans and loan guarantees made under that
section.
    ``(b) Full Faith and Credit.--Loan guarantees made under section
22302 shall constitute general obligations of the United States backed
by the full faith and credit of the United States.
    ``(c) Assignment of Loan Guarantees.--The holder of a loan
guarantee made under section 22302 may assign the loan guarantee in
whole or in part, subject to such requirements as the Secretary may
prescribe.
    ``(d) Modifications.--The Secretary may approve the modification of
any term or condition of a direct loan, loan guarantee, direct loan
obligation, or loan guarantee commitment, including the rate of
interest, time of payment of interest or principal, or security
requirements, if the Secretary finds in writing that--
            ``(1) the modification is equitable and is in the overall
        best interests of the United States; and
            ``(2) consent has been obtained from the applicant and, in
        the case of a loan guarantee or loan guarantee commitment, the
        holder of the obligation.
    ``(e) Compliance.--The Secretary shall assure compliance, by an
applicant, any other party to the loan, and any railroad carrier for
whose benefit assistance is intended, with the provisions of this Act,
regulations issued hereunder, and the terms and conditions of the
direct loan or loan guarantee, including through regular periodic
inspections.
    ``(f) Commercial Validity.--For purposes of claims by any party
other than the Secretary, a loan guarantee or loan guarantee commitment
shall be conclusive evidence that the underlying obligation is in
compliance with the provisions of this Act, and that such obligation
has been approved and is legal as to principal, interest, and other
terms. Such a guarantee or commitment shall be valid and incontestable
in the hands of a holder thereof, including the original lender or any
other holder, as of the date when the Secretary granted the application
therefor, except as to fraud or material misrepresentation by such
holder.
    ``(g) Default.--The Secretary shall prescribe regulations setting
forth procedures in the event of default on a loan made or guaranteed
under section 22302. The Secretary shall ensure that each loan
guarantee made under that section contains terms and conditions that
provide that--
            ``(1) if a payment of principal or interest under the loan
        is in default for more than 30 days, the Secretary shall pay to
        the holder of the obligation, or the holder's agent, the amount
of unpaid guaranteed interest;
            ``(2) if the default has continued for more than 90 days,
        the Secretary shall pay to the holder of the obligation, or the
        holder's agent, 90 percent of the unpaid guaranteed principal;
            ``(3) after final resolution of the default, through
        liquidation or otherwise, the Secretary shall pay to the holder
        of the obligation, or the holder's agent, any remaining amounts
        guaranteed but which were not recovered through the default's
        resolution;
            ``(4) the Secretary shall not be required to make any
        payment under paragraphs (1) through (3) if the Secretary
        finds, before the expiration of the periods described in such
        paragraphs, that the default has been remedied; and
            ``(5) the holder of the obligation shall not receive
        payment or be entitled to retain payment in a total amount
        which, together with all other recoveries (including any
        recovery based upon a security interest in equipment or
        facilities) exceeds the actual loss of such holder.
    ``(h) Rights of the Secretary.--
            ``(1) Subrogation.--If the Secretary makes payment to a
        holder, or a holder's agent, under subsection (g) in connection
        with a loan guarantee made under section 22302, the Secretary
        shall be subrogated to all of the rights of the holder with
        respect to the obligor under the loan.
            ``(2) Disposition of property.--The Secretary may complete,
        recondition, reconstruct, renovate, repair, maintain, operate,
        charter, rent, sell, or otherwise dispose of any property or
        other interests obtained pursuant to this section. The
        Secretary shall not be subject to any Federal or State
        regulatory requirements when carrying out this paragraph.
    ``(i) Action Against Obligor.--The Secretary may bring a civil
action in an appropriate Federal court in the name of the United States
in the event of a default on a direct loan made under section 22302, or
in the name of the United States or of the holder of the obligation in
the event of a default on a loan guaranteed under section 22302. The
holder of a guarantee shall make available to the Secretary all records
and evidence necessary to prosecute the civil action. The Secretary may
accept property in full or partial satisfaction of any sums owed as a
result of a default. If the Secretary receives, through the sale or
other disposition of such property, an amount greater than the
aggregate of--
            ``(1) the amount paid to the holder of a guarantee under
        subsection (g) of this section; and
            ``(2) any other cost to the United States of remedying the
        default,
the Secretary shall pay such excess to the obligor.
    ``(j) Breach of Conditions.--The Attorney General shall commence a
civil action in an appropriate Federal court to enjoin any activity
which the Secretary finds is in violation of this Act, regulations
issued hereunder, or any conditions which were duly agreed to, and to
secure any other appropriate relief.
    ``(k) Attachment.--No attachment or execution may be issued against
the Secretary, or any property in the control of the Secretary, prior
to the entry of final judgment to such effect in any State, Federal, or
other court.
    ``(l) Investigation Charge.--The Secretary may charge and collect
from each applicant a reasonable charge for appraisal of the value of
the equipment or facilities for which the direct loan or loan guarantee
is sought, and for making necessary determinations and findings. Such
charge shall not aggregate more than one-half of 1 percent of the
principal amount of the obligation.''.
    (b) Conforming Amendment.--The table of chapters of subtitle V of
title 49, United States Code, is amended by inserting after the item
relating to chapter 221 the following:

``223. RAIL INFRASTRUCTURE AND EQUIPMENT LOANS..............   22301''.

SEC. 3. TECHNICAL AND CONFORMING PROVISIONS.

    (a) Repeal.--Title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 (45 U.S.C. 821 et seq.) is repealed.
    (b) Savings Provision.--A transaction entered into under the
authority of title V of the Railroad Revitalization and Regulatory
Reform Act of 1976 before the date of the enactment of this Act shall
be administered until completion under its terms as if subsection (a)
of this subsection were not enacted.
    (c) Technical and Conforming Amendments.--(1) Section 211(i) of the
Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is
repealed.
    (2) Section 306(b) of title 49, United States Code, is amended by
striking ``title V of the Railroad Revitalization and Regulatory Reform
Act of 1976 (45 U.S.C. 821 et seq.)'' and inserting in lieu thereof
``chapter 223 of this title''.

Output: Railroad Infrastructure Financing Improvement Act of 1997 - Amends Federal railroad law to authorize the Secretary of Transportation to provide not more than $5 billion in direct loans and loan guarantees to State and local governments, government sponsored authorities and corporations, and railroad carriers to:  (1) acquire, improve, or rehabilitate existing rail equipment or facilities, or establish new railroad facilities; or (2) refinance outstanding debt incurred in carrying out such activities.  Sets forth specified conditions and eligibility requirements for such loans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preparing Teachers for Digital Age
Learners Act of 2008''.

SEC. 2. TEACHER PREPARATION.

    Part B of title II of the Higher Education Act of 1965 (20 U.S.C.
1041 et seq.) is amended to read as follows:

         ``PART B--PREPARING TEACHERS FOR DIGITAL AGE LEARNERS

``SEC. 221. DEFINITIONS.

    ``For purposes of this part:
            ``(1) Arts and sciences.--The term `arts and sciences'
        means--
                    ``(A) when referring to an organizational unit of
                an institution of higher education, any academic unit
                that offers 1 or more academic majors in disciplines or
                content areas corresponding to the academic subject
                matter areas in which teachers provide instruction; and
                    ``(B) when referring to a specific academic subject
                area, the disciplines or content areas in which
                academic majors are offered by the arts and sciences
                organizational unit.
            ``(2) High-need school.--The term `high-need school' means
        a public elementary school or public secondary school that--
                    ``(A) is among the highest 25 percent of schools
                served by the local educational agency that serves the
                school, in terms of the percentage of students from
                families with incomes below the poverty line; or
                    ``(B) is designated with a school locale code of
                Rural: Fringe, Rural: Distant, or Rural: Remote, as
                determined by the Secretary.
            ``(3) Poverty line.--The term `poverty line' means the
        poverty line (as defined in section 673(2) of the Community
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
        family of the size involved.
            ``(4) Professional development.--The term `professional
        development' has the meaning given the term in section 9101 of
        the Elementary and Secondary Education Act of 1965.

``SEC. 222. PROGRAM AUTHORIZED.

    ``(a) Program Authority.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements with,
eligible consortia to pay the Federal share of the costs of projects
to--
            ``(1) graduate teacher candidates who are prepared to use
        modern information, communication, and learning tools to--
                    ``(A) improve student learning, assessment, and
                learning management; and
                    ``(B) help students develop skills to succeed in
                higher education and enter the workforce; and
            ``(2) strengthen and develop partnerships among the
        stakeholders in teacher preparation to transform teacher
        education and ensure technology rich learning environments
        throughout a teacher candidate's pre-service education,
        including clinical experiences.
    ``(b) Amount and Duration.--A grant, contract, or cooperative
agreement under this part--
            ``(1) shall be for not more than $2,000,000;
            ``(2) shall be for a 3-year period; and
            ``(3) may be renewed for one additional year.
    ``(c) Non-Federal Share Requirement.--The Federal share of the cost
of any project funded under this part shall not exceed 75 percent. The
non-Federal share of the cost of such project may be provided in cash
or in kind, fairly evaluated, including services.
    ``(d) Definition of Eligible Consortium.--In this part, the term
`eligible consortium' means a consortium of members that includes the
following:
            ``(1) At least one institution of higher education that
        awards baccalaureate or masters degrees and prepares teachers
        for initial entry into teaching.
            ``(2) At least one State educational agency or local
        educational agency.
            ``(3) A department, school, or college of education at an
        institution of higher education.
            ``(4) A department, school, or college of arts and sciences
        at an institution of higher education.
            ``(5) At least one entity with the capacity to contribute
        to the technology-related reform of teacher preparation
        programs, which may be a professional association, foundation,
        museum, library, for-profit business, public or private
        nonprofit organization, community-based organization, or other
        entity.

``SEC. 223. USES OF FUNDS.

    ``(a) In General.--An eligible consortium that receives a grant or
enters into a contract or cooperative agreement under this part shall
use funds made available under this part to carry out a project that--
            ``(1) develops long-term partnerships among members of the
        consortium that are focused on effective teaching with modern
        digital tools and content that substantially connect pre-
        service preparation of teacher candidates with high-needs
        schools; or
            ``(2) transforms the way departments, schools, and colleges
        of education teach classroom technology integration, including
        the principles of universal design, to teacher candidates.
    ``(b) Uses of Funds for Partnership Grants.--In carrying out a
project under subsection (a)(1), an eligible consortium shall--
            ``(1) provide teacher candidates, early in their
        preparation, with field experiences in educational settings
        with technology;
            ``(2) build the skills of teacher candidates to support
        technology-rich instruction, assessment and learning management
        in content areas, technology literacy, an understanding of the
        principles of universal design, and the development of other
        skills for success in higher education and for entering the
        workforce;
            ``(3) provide professional development in the use of
        technology for teachers, administrators, and content
        specialists who participate in field placement;
            ``(4) provide professional development of technology
        pedagogical skills for faculty of departments, schools, and
        colleges of education and arts and sciences;
            ``(5) implement strategies for the mentoring of teacher
        candidates with respect to technology implementation by members
        of the consortium;
            ``(6) evaluate teacher candidates during the first years of
        teaching to fully assess outcomes of the project;
            ``(7) build collaborative learning communities for
        technology integration within the consortium to sustain
        meaningful applications of technology in the classroom during
        teacher preparation and early career practice; and
            ``(8) evaluate the effectiveness of the project.
    ``(c) Uses of Funds for Transformation Grants.--In carrying out a
project under subsection (a)(2), an eligible consortium shall--
            ``(1) redesign curriculum to require collaboration between
        the department, school, or college of education faculty and the
        department, school, or college of arts and sciences faculty who
        teach content or methods courses for training teacher
        candidates;
            ``(2) collaborate between the department, school, or
        college of education faculty and the department, school, or
        college of arts and science faculty and academic content
        specialists at the local educational agency to educate pre-
        service teachers who can integrate technology and pedagogical
        skills in content areas;
            ``(3) collaborate between the department, school, or
        college of education faculty and the department, school, or
        college of arts and sciences faculty who teach courses to pre-
        service teachers to--
                    ``(A) develop and implement a plan for pre-service
                teachers and continuing educators that demonstrates
                effective instructional strategies and application of
                such strategies in the use of digital tools to
                transform the teaching and learning process; and
                    ``(B) better reach underrepresented pre-service
                teacher populations with programs that connect such
                pre-service teacher populations with applications of
                technology;
            ``(4) collaborate among faculty and students to create and
        disseminate case studies of technology applications in
        classroom settings with a goal of improving student achievement
        in high-need schools;
            ``(5) provide additional technology resources for pre-
        service teachers to plan and implement technology applications
        in classroom settings that provide evidence of student
        learning; and
            ``(6) bring together expertise from departments, schools,
        or colleges of education, arts and science faculty, and
        academic content specialists at the local educational agency to
        share and disseminate technology applications in the classroom
        through teacher preparation and into early career practice.

``SEC. 224. APPLICATION REQUIREMENTS.

    ``To be eligible to receive a grant or enter into a contract or
cooperative agreement under this part, an eligible consortium shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require. Such
application shall include the following:
            ``(1) A description of the project to be carried out with
        the grant, including how the project will--
                    ``(A) develop a long-term partnership focused on
                effective teaching with modern digital tools and
                content that substantially connects pre-service
                preparation of teacher candidates with high-need
                schools; or
                    ``(B) transform the way departments, schools, and
                colleges of education teach classroom technology
                integration, including the principles of universal
                design, to teacher candidates.
            ``(2) A demonstration of--
                    ``(A) the commitment, including the financial
                commitment, of each of the members of the consortium
                for the proposed project; and
                    ``(B) the support of the leadership of each
                organization that is a member of the consortium for the
                proposed project.
            ``(3) A description of how each member of the consortium
        will participate in the project.
            ``(4) A description of how the State or local educational
        agency will incorporate the project into the agency's
        technology plan, if such a plan already exists.
            ``(5) A description of how the project will be continued
        after Federal funds are no longer available under this part for
        the project.
            ``(6) A description of how the project will incorporate--
                    ``(A) State teacher technology standards; and
                    ``(B) State student technology standards.
            ``(7) A plan for the evaluation of the project, which shall
        include benchmarks to monitor progress toward specific project
        objectives.

``SEC. 225. EVALUATION.

    ``Not less than 10 percent of the funds awarded to an eligible
consortium to carry out a project under this part shall be used to
evaluate the effectiveness of such project.

``SEC. 226. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $100,000,000 to carry out
this part for fiscal year 2009 and such sums as may be necessary for
each of the 2 succeeding fiscal years.''.

Output:
Preparing Teachers for Digital Age Learners Act of 2008 - Amends the Higher Education Act of 1965 to replace the Preparing Tomorrow's Teachers to Use Technology program of part B of title II with the Preparing Teachers for Digital Age Learners program.

Authorizes the Secretary to provide funds, through grants, contracts, or cooperative agreements, to consortia of institutions of higher education, states or local educational agencies, and entities able to assist in the technology-related reform of teacher preparation programs, covering up to three-fourths of the costs of projects to: (1) develop long-term partnerships among consortium members that are focused on effective teaching with modern digital tools and content that connect pre-service teacher preparation with high-need schools; or (2) transform the way departments, schools, and colleges of education teach classroom technology integration to teacher candidates.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia and United
States Territories Circulating Quarter Dollar Program Act''.

SEC. 2. ISSUANCE OF REDESIGNED QUARTER DOLLARS COMMEMORATING THE
              DISTRICT OF COLUMBIA AND EACH OF THE TERRITORIES.

    Section 5112 of title 31, United States Code, is amended by
inserting after subsection (m) the following new subsection:
    ``(n) Redesign and Issuance of Circulating Quarter Dollar
Commemorating the District of Columbia and Each of the Territories.--
            ``(1) Redesign in 2009.--
                    ``(A) In general.--Notwithstanding the fourth
                sentence of subsection (d)(1) and subsection (d)(2) and
                subject to paragraph (6)(B), quarter dollar coins
                issued during 2009, shall have designs on the reverse
                side selected in accordance with this subsection which
                are emblematic of the District of Columbia and the
                territories.
                    ``(B) Flexibility with regard to placement of
                inscriptions.--Notwithstanding subsection (d)(1), the
                Secretary may select a design for quarter dollars
                issued during 2009 in which--
                            (i) the inscription described in the second
                        sentence of subsection (d)(1) appears on the
                        reverse side of any such quarter dollars; and
                            (ii) any inscription described in the third
                        sentence of subsection (d)(1) or the
                        designation of the value of the coin appears on
                        the obverse side of any such quarter dollars.
            ``(2) Single district or territory design.--The design on
        the reverse side of each quarter dollar issued during 2009
        shall be emblematic of one of the following: The District of
        Columbia, the Commonwealth of Puerto Rico, Guam, American
        Samoa, the United States Virgin Islands, and the Commonwealth
        of the Northern Mariana Islands.
            ``(3) Selection of design.--
                    ``(A) In general.--Each of the 6 designs required
                under this subsection for quarter dollars shall be
                selected by the Secretary after consultation with--
                            ``(i) the chief executive of the District
                        of Columbia or the territory being
                        commemorated, or such other officials or group
                        as the chief executive officer of the District
                        of Columbia or the territory may designate for
                        such purpose; and
                            ``(ii) the Commission of Fine Arts.
                    ``(B) Selection and approval process.--Designs for
                quarter dollars may be submitted in accordance with the
                design selection and approval process developed by the
                Secretary in the sole discretion of the Secretary.
                    ``(C) Participation.--The Secretary may include
                participation by District or territorial officials,
                artists from the District of Columbia or the territory,
                engravers of the United States Mint, and members of the
                general public.
                    ``(D) Standards.--Because it is important that the
                Nation's coinage and currency bear dignified designs of
                which the citizens of the United States can be proud,
                the Secretary shall not select any frivolous or
                inappropriate design for any quarter dollar minted
                under this subsection.
                    ``(E) Prohibition on certain representations.--No
                head and shoulders portrait or bust of any person,
                living or dead, and no portrait of a living person may
                be included in the design of any quarter dollar under
                this subsection.
            ``(4) Treatment as numismatic items.--For purposes of
        sections 5134 and 5136, all coins minted under this subsection
        shall be considered to be numismatic items.
            ``(5) Issuance.--
                    ``(A) Quality of coins.--The Secretary may mint and
                issue such number of quarter dollars of each design
                selected under paragraph (4) in uncirculated and proof
                qualities as the Secretary determines to be
                appropriate.
                    ``(B) Silver coins.--Notwithstanding subsection
                (b), the Secretary may mint and issue such number of
                quarter dollars of each design selected under paragraph
                (4) as the Secretary determines to be appropriate, with
                a content of 90 percent silver and 10 percent copper.
                    ``(C) Sources of bullion.--The Secretary shall
                obtain silver for minting coins under subparagraph (B)
                from available resources, including stockpiles
                established under the Strategic and Critical Materials
                Stock Piling Act.
                    ``(D) Timing and order of issuance.--Coins minted
                under this subsection commemorating the District of
                Columbia and each of the territories shall be issued in
                equal sequential intervals during 2009 in the following
                order: the District of Columbia, the Commonwealth of
                Puerto Rico, Guam, American Samoa, the United States
                Virgin Islands, and the Commonwealth of the Northern
                Mariana Islands.
            ``(6) Other provisions.--
                    ``(A) Application in event of admission as a
                state.--If the District of Columbia or any territory
                becomes a State before the end of the 10-year period
                referred to in subsection (l)(1), subsection (l)(7)
                shall apply, and this subsection shall not apply, with
                respect to such State.
                    ``(B) Application in event of independence.--If any
                territory becomes independent or otherwise ceases to be
                a territory or possession of the United States before
                quarter dollars bearing designs which are emblematic of
                such territory are minted pursuant to this subsection,
                this subsection shall cease to apply with respect to
                such territory.
            ``(7) Territory defined.--For purposes of this subsection,
        the term `territory' means the Commonwealth of Puerto Rico,
        Guam, American Samoa, the United States Virgin Islands, and the
        Commonwealth of the Northern Mariana Islands.''.

            Passed the House of Representatives October 7, 2002.

            Attest:

                                                                 Clerk.

Output: District of Columbia and United States Territories Circulating Quarter Dollar Program Act - Amends Federal law to authorize the Secretary of the Treasury to mint and issue during 2009 redesigned quarter dollars commemorating the District of Columbia and the U.S. territories.