Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Government Reform Act of 2003''.

SEC. 2. ESTABLISHMENT.

    There is established a national commission to be known as the
``Government Reform Commission''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) The term ``Commission'' means the Government Reform
        Commission.
            (2) The term ``documents'' means books, records, papers,
        accounts, transcripts, transcriptions, and reports, in whatever
        form or medium they may be preserved.
            (3) The term ``executive agency'' has the meaning given the
        term in section 105 of title 5, United States Code.
            (4) The term ``member'' means a member of the Commission.

SEC. 4. MEMBERSHIP.

    (a) Numbers, Appointment, and Qualifications.--The Commission shall
be composed of 12 members, appointed by the President, from among
persons who possess--
            (1) a degree or an advanced degree in the field of business
        management or public administration; or
            (2) a significant background in business supervision,
        management, and administration.
    (b) Consultation.--Of the members appointed under subsection (a)--
            (1) one member shall be appointed following consultation
        with the Speaker of the House of Representatives;
            (2) one member shall be appointed following consultation
        with the minority leader of the House of Representatives;
            (3) one member shall be appointed following consultation
        with the President pro Tempore of the Senate; and
            (4) one member shall be appointed following consultation
        with the minority leader of the Senate.
    (c) Additional Requirements.--The members shall also satisfy the
following additional requirements:
            (1) Each member shall be a United States citizen and shall
        reside in the United States.
            (2) Not more than four members shall be from the same
        political party, excluding those members appointed following
        consultation required under subsection (b).
            (3) A member may not currently hold or have held within the
        preceeding five years any paid position with any local or State
        government or executive agency.
            (4) A member may not be a party to an ongoing and
        continuing contract with any local or State government or
        executive agency, or be an employee of an entity that is a
        party to such a contract.
            (5) A member may not be a lobbyist, as defined by either
        State or Federal law at the time of the appointment of the
        member.
    (d) Operation.--
            (1) Appointment.--Members shall be appointed not later than
        30 days from the date of enactment of this Act.
            (2) Chairperson.--The President shall designate one member
        to serve as chairperson of the Commission.
            (3) Terms.--Each member shall be appointed for a term of
        two years and may be reappointed for a second term of two
        years. No member shall serve more than four years on the
        Commission.
            (4) Quorum.--Six members shall constitute a quorum for the
        purpose of conducting a session of the Commission, but a lesser
        number may conduct hearings.
            (5) Compensation.--Members shall serve without pay, but
        members shall receive travel expenses, including per diem in
        lieu of subsistence, in accordance with applicable provisions
        under subchapter I of chapter 57 of title 5, United States
        Code.
            (6) Professional staff.--The Commission may employ,
        pursuant to laws and regulations governing the civil service,
        an executive secretary and any clerical, professional, and
        technical assistants as may be necessary.
            (7) Mandatory resignation.--In the event that a member
        accepts a position as an officer or employee of any local or
        State government or executive agency, the member shall resign
        from the Commission within 30 days from the date the member
        accepts such position.
            (8) Vacancies.--A vacancy in the Commission shall be filled
        in the manner in which the original appointment was made. The
        appointment of the replacement member shall be made not later
        than 30 days after the date on which the vacancy occurs.

SEC. 5. DUTIES, RESPONSIBILITIES, AND POWERS.

    (a) Review of Executive Agencies.--
            (1) In general.--The Commission shall--
                    (A) examine the current configuration of executive
                agencies and investigate their duties and
                responsibilities; and
                    (B) review the operational jurisdictions of
                executive agencies to determine whether areas of
                overlap exist and whether the mission of any agency has
                become obsolete.
            (2) Process.--As part of the review under paragraph (1),
        the Commission shall identify and address--
                    (A) opportunities for increasing efficiency and
                reducing costs in executive agencies as a result of
                executive action or legislation;
                    (B) areas within executive agencies where
                managerial accountability can be enhanced and
                administrative control can be improved;
                    (C) any Federal programs that have accomplished
                their original objectives and should be terminated;
                    (D) any Federal services that could be provided at
                lower cost by the private sector;
                    (E) budget process reforms that could yield
                savings, increase accountability and efficiency, and
                enhance public confidence in the budget process; and
                    (F) areas for further study based on likelihood for
                potential savings.
    (b) Review of Prior Reform Efforts.--
            (1) In general.--The Commission shall review existing
        Government Accounting Office, Congressional Budget Office, and
        Inspector General reports, together with any other existing
        governmental and nongovernmental recommendations, including
        recommendations offered by the President's Private Sector
        Survey on Cost Control, for reducing waste in executive
        agencies.
            (2) Reports.--Based on the review under paragraph (1), the
        Commission shall periodically submit to the President and
        Congress reports which shall include the following:
                    (A) A list of such recommendations to reduce waste
                in executive agencies that the Commission determines
                are most significant.
                    (B) The estimated cost savings of the
                recommendations.
                    (C) A determination of whether the recommendations
                can be implemented by executive order or whether they
                instead require legislative action.
    (c) Proposed Reorganization Plan.--
            (1) In general.--Upon completion of the reviews required
        under subsections (a) and (b), but not later than July 15,
        2004, the Commission shall submit to the President and Congress
        a proposed reorganization plan for executive agencies. The
        proposed reorganization plan shall provide for the realignment
        or closure of executive agencies to reduce duplication of
        services and increase productivity.
            (2) Visitation.--The Commission may not recommend an
        executive agency for realignment or closure unless at least one
        member has visited the executive agency prior to January 1,
        2004, as part of the review conducted under subsection (a).
            (3) Transmittal.--The Commission shall transmit a copy of
        the proposed reorganization plan to the Director of the Office
        of Management and Budget, who shall prepare and issue a public
        report that details the predicted savings in Federal
        expenditures that would result from implementing the
        reorganization plan.
    (d) Hearings and Sessions.--
            (1) In general.--The Commission shall meet in session at
        least once per month at the call of the chairperson.
        Additionally, as part of its review process, the Commission
        shall conduct three public hearings across the United States.
        The final hearing shall be held in Washington, D.C., not later
        than March 1, 2004.
            (2) Additional powers.--The Commission may--
                    (A) meet at additional times and places that it may
                consider appropriate;
                    (B) issue subpoenas to compel the attendance of
                witnesses and the production of documents;
                    (C) administer oaths; and
                    (D) contract, as it considers appropriate, for the
                provision of services, facilities, studies, and reports
                that will assist the Commission in carrying out its
                duties, responsibilities, and powers.

SEC. 6. PRESIDENTIAL ACTION ON REORGANIZATION PLAN.

    (a) Presidential Consideration.--No later than August 1, 2004, the
President shall act on the proposed reorganization plan submitted by
the Commission, either by approving the plan without alteration or
amendment, or by returning the plan to the Commission for review. If
the President returns the plan to the Commission, the President shall
include such proposed revisions to the plan as the President considers
appropriate.
    (b) Review and Revision.--If the proposed reorganization plan is
returned to the Commission for revision, the Commission shall have 30
days in which to review the Presidential recommendations submitted
under subsection (a) and to revise the plan. The Commission may, at its
discretion, incorporate any recommendations proposed by the President
to the plan.
    (c) Resubmission.--At the conclusion of the 30-day period, the
Commission shall resubmit the reorganization plan to the President and
Congress and retransmit a copy of such plan to the Director of the
Office of Management and Budget. The Director shall prepare and issue a
revised public report that details the predicted savings in federal
expenditures that would result from implementing the revised
reorganization.
    (d) Effect of Rejection.--If the President rejects the resubmitted
reorganization plan, such rejection shall conclude the reorganization
process for the year under this Act. The Commission may, following
reconsideration and at least one public hearing, resubmit a revised
reorganization plan in the following year.

SEC. 7. CONGRESSIONAL ACTION ON REORGANIZATION PLAN.

    (a) Submission to Congress.--If the President approves the proposed
reorganization plan submitted by the Commission, the President shall
submit the reorganization plan, free of alterations or amendments, to
Congress.
    (b) Effective Date.--
            (1) Congressional consideration.--The reorganization plan
        submitted under subsection (a) shall be deemed to be a
        reorganization plan submitted under chapter 9 of title 5,
        United States Code, except that the reorganization plan shall
        take effect on the first day following 60 calendar days of
        continuous session of Congress, beginning on the date on which
        the plan is submitted, or a later date as may be provided by
        the plan, unless Congress enacts a joint resolution rejecting
        the reorganization plan.
            (2) Suspension of section.--This Act shall be valid for all
        intents and purposes notwithstanding section 905(b) of title 5,
        United States Code.
    (c) Reorganization.--Unless the reorganization plan is rejected as
provided in subsection (b), those executive agencies recommended for
realignment or closure in the reorganization plan shall be realigned or
closed beginning as soon as practicable after the effective date of the
reorganization plan, and completed within three years after the
effective date.

SEC. 8. TERMINATION.

    The Commission shall terminate at the end of the 30-day period
beginning on the effective date of the reorganization plan or the date
a joint resolution rejecting the reorganization plan is enacted.

SEC. 9. FUNDING AND SUPPORT.

    The Commission shall be funded, staffed, and equipped without cost
to the Federal Government. To accomplish this objective, the Secretary
of Commerce shall engage in a joint project with a nonprofit
organization in accordance with the first section of Public Law 91-412
(15 U.S.C. 1525).

Output: Government Reform Act of 2003 - Establishes a Government Reform Commission to: (1) examine the current configuration of executive agencies and investigate their duties and responsibilities; (2) review agency operational jurisdictions to determine whether areas of overlap exist and whether the mission of any agency has become obsolete; (3) review and report to the President and Congress on existing Government Accounting Office, Congressional Budget Office, and Inspector General reports, together with any other existing governmental and nongovernmental recommendations, including those offered by the President's Private Sector Survey on Cost Control, for reducing waste in executive agencies; (4) submit to the President and Congress a proposed reorganization plan which shall provide for the realignment or closure of executive agencies to reduce duplication of services and increase productivity; and (5) transmit a copy of the plan to the Director of the Office of Management and Budget, who shall issue a public report detailing the predicted savings in Federal expenditures that would result from implementing such plan.Sets forth separate provisions for presidential and congressional consideration of and actions on the proposed reorganization plan.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Mortgage Loan Modification
Act of 2008''.

SEC. 2. SAFE HARBOR FOR QUALIFIED LOAN MODIFICATIONS OR WORKOUT PLANS
              FOR CERTAIN RESIDENTIAL MORTGAGE LOANS.

    (a) Standard for Loan Modifications or Workout Plans.--Absent
contractual provisions to the contrary--
            (1) the duty to maximize, or to not adversely affect, the
        recovery of total proceeds from pooled residential mortgage
        loans is owed by a servicer of such pooled loans to the
        securitization vehicle for the benefit of all investors and
        holders of beneficial interests in the pooled loans, in the
        aggregate, and not to any individual party or group of parties;
        and
            (2) a servicer of pooled residential mortgage loans shall
        be deemed to be acting on behalf of the securitization vehicle
        in the best interest of all investors and holders of beneficial
        interests in the pooled loans, in the aggregate, if for a loan
        that is in payment default under the loan agreement or for
        which payment default is imminent or reasonably foreseeable,
        the loan servicer makes reasonable and documented efforts to
        implement a modification or workout plan or, if such efforts
        are unsuccessful or such plan would be infeasible, engages in
        other loss mitigation, including accepting a short payment or
        partial discharge of principal, or agreeing to a short sale of
        the property, to the extent that the servicer reasonably
        believes the particular modification or workout plan or other
        mitigation actions will maximize the net present value to be
        realized on the loan, including over that which would be
        realized through foreclosure.
    (b) Safe Harbor.--Absent contractual provisions to the contrary, a
servicer of a residential mortgage loan that acts in a manner
consistent with the duty set forth in subsection (a), shall not be
liable for entering into a qualified loan modification or workout plan,
to--
            (1) any person, based on that person's ownership of a
        residential mortgage loan or any interest in a pool of
        residential mortgage loans or in securities that distribute
        payments out of the principal, interest and other payments in
        loans on the pool;
            (2) any person who is obligated pursuant to a derivatives
        instrument to make payments determined in reference to any loan
        or any interest referred to in paragraph (1); or
            (3) any person that insures any loan or any interest
        referred to in paragraph (1) under any law or regulation of the
        United States or any law or regulation of any State or
        political subdivision of any State.
    (c) Rule of Construction.--No provision of this section shall be
construed as limiting the ability of a servicer to enter into loan
modifications or workout plans other than qualified loan modification
or workout plans.
    (d) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Qualified loan modification or workout plan.--The term
        ``qualified loan modification or workout plan'' means a
        modification or plan that--
                    (A) is scheduled to remain in place until the
                borrower sells or refinances the property, or for at
                least 5 years from the date of adoption of the plan,
                whichever is sooner;
                    (B) does not provide for a repayment schedule that
                results in negative amortization at any time; and
                    (C) does not require the borrower to pay additional
                points and fees.
            (2) Negative amortization.--For purposes of paragraph (1),
        the term ``negative amortization'' does not include the
        capitalization of delinquent interest and arrearages.
            (3) Residential mortgage loan defined.--The term
        ``residential mortgage loan'' means a loan that is secured by a
        lien on an owner-occupied residential dwelling.
            (4) Securitization vehicle.--The term ``securitization
        vehicle'' means a trust, corporation, partnership, limited
        liability entity, special purpose entity, or other structure
        that--
                    (A) is the issuer, or is created by the issuer, of
                mortgage pass-through certificates, participation
                certificates, mortgage-backed securities, or other
                similar securities backed by a pool of assets that
                includes residential mortgage loans; and
                    (B) holds such loans.
    (e) Effective Period.--This section shall apply only with respect
to qualified loan modification or workout plans initiated prior to
January 1, 2011.

Output:
Emergency Mortgage Loan Modification Act of 2008 - Establishes a standard for loan modifications or workout plans for pools of certain residential mortgage loans.

 States that the servicer of such pooled loans owes a duty to the securitization vehicle to maximize recovery of proceeds for the benefit of all investors and holders of beneficial interests in the pooled loans, in the aggregate, and not to any individual party or group of parties.

Deems the loan servicer to be acting on behalf of the securitization vehicle in the best interest of all such investors and holders if the servicer makes certain loss mitigation efforts for a loan in or facing payment default in the reasonable belief that the particular modification, workout plan, or other mitigation actions will maximize the net present value to be realized over that which would be realized through foreclosure.

Declares that, absent contractual provisions to the contrary, a servicer acting in a manner consistent with such duty shall not be liable to specified persons (including any person obligated pursuant to a derivatives instrument to make specified payments) for entering into a qualified loan modification or workout plan for loss mitigation purposes.

Defines "qualified loan modification or workout plan" as one that: (1) is scheduled to remain in place until the borrower sells or refinances the property, or for at least five years from the date of adoption of the plan, whichever is sooner; (2) does not provide for a repayment schedule that results in negative amortization at any time; and (3) does not require the borrower to pay additional points and fees.

States that, for purposes of a qualified loan modification or workout plan, negative amortization does not include capitalization of delinquent interest and arrearages.

Defines "securitization vehicle" as a trust, corporation, partnership, limited liability entity, special purpose entity, or other structure that: (1) is the issuer, or is created by the issuer, of mortgage pass-through certificates, participation certificates, mortgage-backed securities, or other similar securities backed by a pool of assets that includes residential mortgage loans; and (2) holds such loans.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unfunded Mandates Accountability Act
of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The public has a right to know the benefits and costs
        of regulation. Regulations impose significant costs on
        individuals, employers, State, local, and tribal governments,
        diverting resources from other important priorities.
            (2) Better regulatory analysis and review should improve
        the quality of agency decisions, increasing the benefits and
        reducing unwarranted costs of regulation.
            (3) Disclosure and scrutiny of key information underlying
        agency decisions should make Government more accountable to the
        public it serves.

SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.

    Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) is amended--
            (1) by striking the section heading and inserting the
        following:

``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.'';

            (2) by redesignating subsections (b) and (c) as subsections
        (d) and (e), respectively;
            (3) by striking subsection (a) and inserting the following:
    ``(a) Definition.--In this section, the term `cost' means the cost
of compliance and any reasonably foreseeable indirect costs, including
revenues lost as a result of an agency rule subject to this section.
    ``(b) In General.--Before promulgating any proposed or final rule
that may have an annual effect on the economy of $100,000,000 or more
(adjusted for inflation), or that may result in the expenditure by
State, local, and tribal governments, in the aggregate, of $100,000,000
or more (adjusted for inflation) in any 1 year, each agency shall
prepare and publish in the Federal Register an initial and final
regulatory impact analysis. The initial regulatory impact analysis
shall accompany the agency's notice of proposed rulemaking and shall be
open to public comment. The final regulatory impact analysis shall
accompany the final rule.
    ``(c) Content.--The initial and final regulatory impact analysis
under subsection (b) shall include--
            ``(1)(A) an analysis of the anticipated benefits and costs
        of the rule, which shall be quantified to the extent feasible;
            ``(B) an analysis of the benefits and costs of a reasonable
        number of regulatory alternatives within the range of the
        agency's discretion under the statute authorizing the rule,
        including alternatives that--
                    ``(i) require no action by the Federal Government;
                and
                    ``(ii) use incentives and market-based means to
                encourage the desired behavior, provide information
                upon which choices can be made by the public, or employ
                other flexible regulatory options that permit the
                greatest flexibility in achieving the objectives of the
                statutory provision authorizing the rule; and
            ``(C) an explanation that the rule meets the requirements
        of section 205;
            ``(2) an assessment of the extent to which--
                    ``(A) the costs to State, local, and tribal
                governments may be paid with Federal financial
                assistance (or otherwise paid for by the Federal
                Government); and
                    ``(B) there are available Federal resources to
                carry out the rule;
            ``(3) estimates of--
                    ``(A) any disproportionate budgetary effects of the
                rule upon any particular regions of the Nation or
                particular State, local, or tribal governments, urban
                or rural or other types of communities, or particular
                segments of the private sector; and
                    ``(B) the effect of the rule on job creation or job
                loss, which shall be quantified to the extent feasible;
                and
            ``(4)(A) a description of the extent of the agency's prior
        consultation with elected representatives (under section 204)
        of the affected State, local, and tribal governments;
            ``(B) a summary of the comments and concerns that were
        presented by State, local, or tribal governments either orally
        or in writing to the agency; and
            ``(C) a summary of the agency's evaluation of those
        comments and concerns.'';
            (4) in subsection (d) (as redesignated by paragraph (2) of
        this subsection), by striking ``subsection (a)'' and inserting
        ``subsection (b)''; and
            (5) in subsection (e) (as redesignated by paragraph (2) of
        this subsection), by striking ``subsection (a)'' each place
        that term appears and inserting ``subsection (b)''.

SEC. 4. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.

    Section 205 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1535) is amended to read as follows:

``SEC. 205. LEAST BURDENSOME OPTION OR EXPLANATION REQUIRED.

    ``Before promulgating any proposed or final rule for which a
regulatory impact analysis is required under section 202, the agency
shall--
            ``(1) identify and consider a reasonable number of
        regulatory alternatives within the range of the agency's
        discretion under the statute authorizing the rule, including
        alternatives required under section 202(c)(1)(B); and
            ``(2) from the alternatives described under paragraph (1),
        select the least costly, most cost-effective, or least
        burdensome alternative that achieves the objectives of the
        statute.''.

SEC. 5. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES.

    (a) In General.--Section 421(1) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 658(1)) is amended by
striking ``, but does not include independent regulatory agencies''.
    (b) Exemption for Monetary Policy.--The Unfunded Mandates Reform
Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after
section 5 the following:

``SEC. 6. EXEMPTION FOR MONETARY POLICY.

    ``Nothing in title II, III, or IV shall apply to rules that concern
monetary policy proposed or implemented by the Board of Governors of
the Federal Reserve System or the Federal Open Market Committee.''.

SEC. 6. JUDICIAL REVIEW.

    Section 401 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1571) is amended to read as follows:

``SEC. 401. JUDICIAL REVIEW.

    ``(a) In General.--For any rule subject to section 202, a party
aggrieved by final agency action is entitled to judicial review of an
agency's analysis under and compliance with subsections (b) and (c)(1)
of section 202 and section 205. The scope of review shall be governed
by chapter 7 of title 5, United States Code.
    ``(b) Jurisdiction.--Each court having jurisdiction to review a
rule subject to section 202 for compliance with section 553 of title 5,
United States Code, or under any other provision of law, shall have
jurisdiction to review any claims brought under subsection (a) of this
section.
    ``(c) Relief Available.--In granting relief in an action under this
section, the court shall order the agency to take remedial action
consistent with chapter 7 of title 5, United States Code, including
remand and vacatur of the rule.''.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect 90 days after the date of enactment of
this Act.

Output:
Unfunded Mandates Accountability Act of 2011 - Amends the Unfunded Mandates Reform Act of 1995 to: (1) require regulatory impact analyses for rules that do not involve a legislative mandate and for final rules that do not have a prior notice of proposed rulemaking; (2) require federal agencies to prepare and publish in the Federal Register an initial and final regulatory impact analysis prior to promulgating any proposed or final rule that may have an annual effect on the economy of $100 million or more or that may result in the expenditure of $100 million or more in any one year by state, local, and tribal governments; (3) require such agencies to identify and consider regulatory alternatives before promulgating any proposed or final rule and select the least costly, most cost-effective, or least burdensome alternative; (4) define "cost" as the cost of compliance and any reasonably foreseeable indirect cost resulting from agency rulemaking; (5) exempt rules concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee from provisions of such Act relating to regulatory accountability and reform, review of federal mandates, and judicial review; and (6) expand provisions relating to judicial review of regulatory impact analyses.

Amends the Congressional Budget and Impoundment Control Act of 1974 to require independent regulatory agencies to conduct regulatory impact analyses.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign-Held Debt Transparency and
Threat Assessment Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the following:
                    (A) The Committee on Armed Services, the Committee
                on Foreign Relations, the Committee on Finance, and the
                Committee on the Budget of the Senate.
                    (B) The Committee on Armed Services, the Committee
                on Foreign Affairs, the Committee on Ways and Means,
                and the Committee on the Budget of the House of
                Representatives.
            (2) Debt instruments of the united states.--The term ``debt
        instruments of the United States'' means all bills, notes, and
        bonds issued or guaranteed by the United States or by an entity
        of the United States Government, including any Government-
        sponsored enterprise.

SEC. 3. FINDINGS.

    Congress makes the following findings:
            (1) On March 16, 2006, the United States Senate debated and
        then narrowly passed legislation, H.J. Res. 47, to increase the
        statutory limit on the public debt of the United States. In a
        statement published in the Congressional Record, then-Senator
        Barack Obama opposed the legislation and stated, ``The fact
        that we are here today to debate raising America's debt limit
        is a sign of leadership failure. It is a sign that the U.S.
        Government can't pay its own bills. It is a sign that we now
        depend on ongoing financial assistance from foreign countries
        to finance our Government's reckless fiscal policies.''. Then-
        Senator Obama went on to say that ``Increasing America's debt
        weakens us domestically and internationally. Leadership means
        that `the buck stops here'. Instead, Washington is shifting the
        burden of bad choices today onto the backs of our children and
        grandchildren. America has a debt problem and a failure of
        leadership. Americans deserve better.''.
            (2) On February 25, 2010, United States Secretary of State,
        Hillary Rodham Clinton, urged members of Congress to address
        the Federal budget deficit: ``We have to address this deficit
        and the debt of the United States as a matter of national
        security, not only as a matter of economics. I do not like to
        be in a position where the United States is a debtor nation to
        the extent that we are.''. The Secretary went on to say that
        reliance on foreign creditors has hit the United States
        ``ability to protect our security, to manage difficult problems
        and to show the leadership that we deserve.''.
            (3) On February 16, 2011, Admiral Mike Mullen, Chairman of
        the Joint Chiefs of Staff, testified before the Committee on
        Armed Services of the Senate: ``Indeed, I believe that our debt
        is the greatest threat to our national security. If we as a
        country do not address our fiscal imbalances in the near-term,
        our national power will erode, and the costs to our ability to
        maintain and sustain influence could be great.''.
            (4) The Department of the Treasury borrows from the private
        economy by selling securities, including Treasury bills, notes,
        and bonds, in order to finance the Federal budget deficit. This
        additional borrowing to finance the deficit adds to the Federal
        debt.
            (5) The Federal debt stands at more than
        $14,345,000,000,000.
            (6) According to a report issued by the Department of the
        Treasury on May 16, 2011, entitled ``Major Foreign Holders of
        Treasury Securities'', foreign holdings of United States
        Treasury securities stood at more than $3,175,000,000,000 at
        the end of March 2011. The People's Republic of China was the
        single largest holder with holdings of more than
        $1,144,000,000,000.
            (7) Despite efforts by the Department of the Treasury to
        identify the nationality of the ultimate holders of United
        States securities, including United States Treasury securities,
        data pertaining to foreign holders of these securities may
        still fail to reflect the true nationality of the foreign
        entities involved. For example, another Department of the
        Treasury report, issued on February 28, 2011, entitled
        ``Preliminary Report on Foreign Holdings of U.S. Securities At
        End-June 2010'', assigns $732,000,000,000 worth of United
        States securities to the Cayman Islands, a British overseas
        territory with a population of only 55,000 people. The Cayman
        Islands is not itself a large investor in United States
        securities; rather, it is a major international financial
        center and is routinely used as a place to invest funds from
        elsewhere.
            (8) On February 25, 2010, Simon Johnson, an economics
        professor at the Massachusetts Institute of Technology and a
        former chief economist for the International Monetary Fund,
        testified before the U.S.-China Economic and Security Review
        Commission that United States Treasury data understate Chinese
        holdings of United States Government debt and ``do not reveal
        the ultimate country of ownership when debt instruments are
        held through an intermediary in another jurisdiction.''. He
        stated that ``a great deal'' of the United Kingdom's increase
        in United States Treasury securities last year ``may be due to
        China placing offshore dollars in London-based banks'', which
        are then used to purchase United States Treasury securities.
            (9) On February 25, 2010, Dr. Eswar Prasad, an economist at
        Cornell University, testified before the U.S.-China Economic
        and Security Review Commission that the amount of United States
        debt held by the People's Republic of China is much higher than
        United States Treasury data indicate. In his revised testimony,
        Dr. Prasad went on to explain that China is probably currently
        holding more than $1,300,000,000,000 in United States Treasury
        securities.
            (10) According to a February 3, 2009, report by the
        Heritage Foundation, entitled ``Chinese Foreign Investment:
        Insist on Transparency'', the State Administration of Foreign
        Exchange (SAFE) of the People's Republic of China, the
        government body that purchases foreign securities, is the
        single largest global investor and the largest foreign investor
        in the United States.
            (11) According to a September 2008 Council on Foreign
        Relations report entitled ``Sovereign Wealth and Sovereign
        Power,'' ``. . . political might is often linked to financial
        might, and a debtor's capacity to project military power hinges
        on the support of its creditors . . . The United States' main
        sources of financing are not allies.''. The report goes on to
        argue that, ``the United States' current reliance on other
        governments for financing represents an underappreciated
        strategic vulnerability.''.
            (12) In recent years, Chinese military officials have
        publicized the potential use of United States Treasury
        securities as a means of influencing United States policy and
        deterring specific United States actions. On February 8, 2010,
        retired People's Liberation Army (PLA) Major General Luo Yuan,
        from the PLA Academy of Military Science, stated in an
        interview with state-controlled media that China could attack
        the United States ``by oblique means and stealthy feints'', in
        retaliation for United States arms sales to Taiwan. He went on
        to say, ``Our retaliation should not be restricted to merely
        military matters, and we should adopt a strategic package of
        counterpunches covering politics, military affairs, diplomacy
        and economics to treat both the symptoms and root cause of this
        disease. For example, we could sanction them using economic
        means, such as dumping some U.S. government bonds.''.
            (13) The PLA has also referenced the concept of nonmilitary
        aspects of deterrence in written statements. A PLA textbook,
        ``The Science of Military Strategy'', observes that there are
        various forms of deterrence, including economic and
        technological, all of which need to be developed and
        consciously strengthened in order to maximize effect. These
        forms will only work ``with the determination and volition of
        employment of the force, and by dangling the word of deterrence
        over the rival's head in case of necessity.''.
            (14) According to a May 16, 2011, report by ABC News, a
        congressional delegation of 10 United States Senators visited
        China in April 2011, and met with Chinese government officials.
        The news report indicates that, during one meeting, the
        Senators were reprimanded by a Chinese official regarding the
        mounting United States Federal debt.
            (15) A February 7, 2010, report by Defense News suggests
        that China's extensive holdings of United States Government
        securities have already directly influenced United States
        national security policy. According to an unnamed Pentagon
        official, Obama Administration officials softened a draft of a
        key national security document in order to avoid ``harsh
        words'' that ``might upset Chinese officials at a time when the
        United States and China are economically intertwined.''. The
        news report indicates that these officials ``deleted several
        passages and softened others about China's military buildup''.
        This critical document, the 2010 Quadrennial Defense Review,
        provides an assessment of long-term threats and challenges for
        the Nation and is intended to guide military programs, plans,
        and budgets in the coming decades.
            (16) The United States Government pays China a substantial
        amount of interest on China's $1,144,000,000,000 in holdings of
        United States Government debt, and this enhances China's
        ability to fund its own military programs.
            (17) According to a March 4, 2011, report by Xinhua, the
        official press agency of the government of the People's
        Republic of China, China plans to increase its 2011 military
        budget by 12.7 percent to 601,000,000,000 yuan (the equivalent
        of $91,500,000,000). This increase is in addition to China's
        2010 increase in its military budget of 7.5 percent.
            (18) According to the Department of Defense's (DoD) 2010
        report entitled ``Military and Security Developments Involving
        the People's Republic of China,'' the DoD estimates China's
        actual total military-related spending for 2009 to be over
        $150,000,000,000.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the growing Federal debt of the United States has the
        potential to jeopardize the national security and economic
        stability of the United States;
            (2) the increasing dependence of the United States on
        foreign creditors has the potential to make the United States
        vulnerable to undue influence by certain foreign creditors in
        national security and economic policymaking;
            (3) the People's Republic of China is the largest foreign
        creditor of the United States, in terms of its overall holdings
        of debt instruments of the United States;
            (4) the current level of transparency in the scope and
        extent of foreign holdings of debt instruments of the United
        States is inadequate and needs to be improved, particularly
        regarding the holdings of the People's Republic of China;
            (5) through the People's Republic of China's large holdings
        of debt instruments of the United States, China has become a
        super creditor of the United States;
            (6) under certain circumstances, the holdings of the
        People's Republic of China could give China a tool with which
        China can try to manipulate the domestic and foreign
        policymaking of the United States, including the United States
        relationship with Taiwan;
            (7) under certain circumstances, if the People's Republic
        of China were to be displeased with a given United States
        policy or action, China could attempt to destabilize the United
        States economy by rapidly divesting large portions of China's
        holdings of debt instruments of the United States; and
            (8) the People's Republic of China's expansive holdings of
        such debt instruments of the United States could potentially
        pose a direct threat to the United States economy and to United
        States national security. This potential threat is a
        significant issue that warrants further analysis and
        evaluation.

SEC. 5. QUARTERLY REPORT ON RISKS POSED BY FOREIGN HOLDINGS OF DEBT
              INSTRUMENTS OF THE UNITED STATES.

    (a) Quarterly Report.--Not later than March 31, June 30, September
30, and December 31 of each year, the President shall submit to the
appropriate congressional committees a report on the risks posed by
foreign holdings of debt instruments of the United States, in both
classified and unclassified form.
    (b) Matters To Be Included.--Each report submitted under this
section shall include the following:
            (1) The most recent data available on foreign holdings of
        debt instruments of the United States, which data shall not be
        older than the date that is 7 months preceding the date of the
        report.
            (2) The country of domicile of all foreign creditors who
        hold debt instruments of the United States.
            (3) The total amount of debt instruments of the United
        States that are held by the foreign creditors, broken out by
        the creditors' country of domicile and by public, quasi-public,
        and private creditors.
            (4) For each foreign country listed in paragraph (2)--
                    (A) an analysis of the country's purpose in holding
                debt instruments of the United States and long-term
                intentions with regard to such debt instruments;
                    (B) an analysis of the current and foreseeable
                risks to the long-term national security and economic
                stability of the United States posed by each country's
                holdings of debt instruments of the United States; and
                    (C) a specific determination of whether the level
                of risk identified under subparagraph (B) is acceptable
                or unacceptable.
    (c) Public Availability.--The President shall make each report
required by subsection (a) available, in its unclassified form, to the
public by posting it on the Internet in a conspicuous manner and
location.

SEC. 6. ANNUAL REPORT ON RISKS POSED BY THE FEDERAL DEBT OF THE UNITED
              STATES.

    (a) In General.--Not later than December 31 of each year, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on the risks to the
United States posed by the Federal debt of the United States.
    (b) Content of Report.--Each report submitted under this section
shall include the following:
            (1) An analysis of the current and foreseeable risks to the
        long-term national security and economic stability of the
        United States posed by the Federal debt of the United States.
            (2) A specific determination of whether the levels of risk
        identified under paragraph (1) are sustainable.
            (3) If the determination under paragraph (2) is that the
        levels of risk are unsustainable, specific recommendations for
        reducing the levels of risk to sustainable levels, in a manner
        that results in a reduction in Federal spending.

SEC. 7. CORRECTIVE ACTION TO ADDRESS UNACCEPTABLE AND UNSUSTAINABLE
              RISKS TO UNITED STATES NATIONAL SECURITY AND ECONOMIC
              STABILITY.

    In any case in which the President determines under section
5(b)(4)(C) that a foreign country's holdings of debt instruments of the
United States pose an unacceptable risk to the long-term national
security or economic stability of the United States, the President
shall, within 30 days of the determination--
            (1) formulate a plan of action to reduce the risk level to
        an acceptable and sustainable level, in a manner that results
        in a reduction in Federal spending;
            (2) submit to the appropriate congressional committees a
        report on the plan of action that includes a timeline for the
        implementation of the plan and recommendations for any
        legislative action that would be required to fully implement
        the plan; and
            (3) move expeditiously to implement the plan in order to
        protect the long-term national security and economic stability
        of the United States.

Output:
Foreign-Held Debt Transparency and Threat Assessment Act - Expresses the sense of Congress about the growing federal debt of the United States, the increasing U.S. dependence on foreign creditors like the People's Republic of China, whose holdings could give China a tool with which to manipulate U.S. policymaking (including with respect to Taiwan) and pose a direct threat to the national economy and national security.

Directs the President to report quarterly to certain congressional committees on the risks posed by foreign holdings of U.S. debt instruments, and make such report public on the Internet.

Directs the President to formulate, report to the appropriate congressional committees, and implement a plan of action to reduce an unsustainable level of risk to an acceptable and sustainable level, in a manner that results in a reduction in federal spending, in any case in which the President makes specified determinations that a foreign country's holdings of U.S. debt instruments pose an unacceptable risk to long-term national security or economic stability of the United States.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``William H. Gray, III, College
Completion Challenge Grant Program of 1999''.

SEC. 2. PROGRAM AUTHORIZED.

    Subpart 2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1132a et seq.) is amended by adding at the end thereof the
following new chapter:

 ``CHAPTER 4--WILLIAM H. GRAY, III, COLLEGE COMPLETION CHALLENGE GRANT
                                PROGRAM

``SEC. 408A. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Students from low-income families are significantly
        more likely to leave a 4-year institution of higher education
        without a baccalaureate degree than are students with higher
        incomes.
            ``(2) Even among students with above average grades, low-
        income students are still more likely to leave a 4-year
        institution of higher education without a baccalaureate degree
        than are students with higher incomes, especially low-income
        students enrolled at private institutions.
            ``(3) This lack of persistence to completion of a
        baccalaureate degree continues to contribute to the gap in
        educational attainment and ultimate income levels between
        disadvantaged students and their more affluent classmates.
            ``(4) While the focus of Federal student financial
        assistance and higher education programs has traditionally been
        to ensure access to postsecondary education, the Federal
        Government should expand its role in student financial
        assistance programs for postsecondary education to address this
        lack of persistence to baccalaureate degree completion.
            ``(5) The amount of grant assistance provided to
        postsecondary students is critical to their persistence and
        degree attainment.
            ``(6) In addition to economic disadvantage, the following
        factors significantly contribute to a student dropping out of a
        4-year institution of higher education:
                    ``(A) A delayed entry into postsecondary education
                after graduating from high school.
                    ``(B) A low grade point average.
                    ``(C) Working full-time while enrolled.
                    ``(D) Being a first-generation college student.
                    ``(E) Being less engaged with an academic program.
            ``(7) Most students who drop out of college, particularly
        those at the greatest risk of leaving their programs of study
        without a baccalaureate degree, do so during the first 2 years
        of study.
            ``(8) At-risk students who receive targeted academic
        support services persist to degree completion at higher rates
        than at-risk students who do not receive such services.
            ``(9) Educators interested in student retention have long
        viewed intensive academic summer programs for incoming first-
        year students as very important in helping students from
        disadvantaged backgrounds become acclimated to college life and
        in improving retention.

``SEC. 408B. PURPOSE AND PROGRAM AUTHORITY.

    ``(a) Purpose.--The purpose of this program is to assist
institutions of higher education to help students who are at risk of
ending their postsecondary education prior to obtaining baccalaureate
degrees, particularly those who are economically disadvantaged, to stay
in school until they obtain those degrees.
    ``(b) Program Authorized.--From funds appropriated pursuant to
section 408G for each fiscal year, the Secretary is authorized, in
accordance with the requirements of this chapter, to award competitive
grants to eligible institutions to enable them to pay the Federal share
of the costs of carrying out programs designed to meet the purpose of
this chapter.
    ``(c) Duration of Grant.--A grant made under this chapter shall be
awarded for a period of 3 years.

``SEC. 408C. INSTITUTIONAL ELIGIBILITY.

    ``(a) In General.--An institution of higher education is eligible
to receive a grant under this chapter if the institution--
            ``(1) meets the requirements of section 102; and
            ``(2) awards baccalaureate degrees, or, subject to
        subsection (b)(1), associate degrees.
    ``(b) Limitations.--
            ``(1) Associate degree-granting institutions.--An eligible
        applicant that awards only associate degrees may apply for a
        grant under this chapter only as part of a consortium that
        includes one or more institutions of higher education that
        awards baccalaureate degrees.
            ``(2) Multiple grants.--An institution that receives a
        grant under this chapter may compete to receive a subsequent
        grant, but may not receive more than two grants under this
        chapter.

``SEC. 408D. APPLICATION PROCESS.

    ``(a) In General.--
            ``(1) ____.--Each eligible applicant that desires a grant
        under this chapter shall submit to the Secretary an application
        for that grant at such time and containing such information as
        the Secretary may prescribe.
            ``(2) Demonstration of prior commitment.--In order to
        receive a grant under this chapter, an applicant shall
        demonstrate in its application, to the satisfaction of the
        Secretary, its successful prior commitment to the purposes of
        this chapter, through the prior support of at least one of the
        activities described in section 408E(a).
    ``(b) Matching Requirement.--
            ``(1) In general.--The Federal share of the cost of
        programs assisted under this chapter shall not be more than 50
        percent, and the matching funds shall be from non-Federal
        sources.
            ``(2) Consortia.--The Secretary may establish in
        regulations the matching requirement applicable to a consortium
        of institutions in which some of the institutions are eligible
        for a waiver of the matching requirement pursuant to section
        395 or section 515.
    ``(c) Coordination Requirement.--Each eligible institution shall
ensure that the activities provided under this chapter are, to the
extent practicable, coordinated with, complement, and enhance related
services under other Federal and non-Federal programs, and do not
duplicate the services already provided at that institution.
    ``(d) Supplement, Not Supplant.--Funds under this chapter shall be
used to supplement, and not supplant, non-Federal funds expended for
existing programs.

``SEC. 408E. AUTHORIZED ACTIVITIES.

    ``(a) In General.--An eligible institution that receives a grant
under this chapter shall, except as provided in subsection (b), use the
grant to provide services or assistance to students at risk of leaving
their programs of study without baccalaureate degrees, particularly
economically disadvantaged students, by carrying out one or more of the
following:
            ``(1) Implementing an intensive summer program for incoming
        first-year students (or students entering their second or third
        year of postsecondary education if the institution can
        demonstrate that it is addressing the needs of first-year
        students and that a summer program could help retention of
        second- or third-year students at risk of dropping out),
        provided that the institution demonstrates in its application
        that it has a strong commitment to student retention through
        additional activities.
            ``(2) Developing a strong student support service program,
        targeted to students in their first 2 years of postsecondary
        education, that includes activities such as--
                    ``(A) peer tutoring;
                    ``(B) mentoring programs involving faculty and
                upper class students;
                    ``(C) activities to assist students currently
                enrolled in a 2-year institution to secure admission
                and financial assistance in a 4-year program of
                postsecondary education;
                    ``(D) activities to assist students in securing
                admission and financial assistance for enrollment in
                graduate and professional programs; and
                    ``(E) assistance in course selection.
            ``(3) Providing grants to students in their first 2 years
        of postsecondary education, in an amount not less than required
        under subsection (c), except that a recipient that provides
        grants under this paragraph shall also provide services under
        paragraphs (1) or (2), or both.
    ``(b) Special Rule.--A recipient of funds under this chapter may
serve students who have completed their first 2 years of postsecondary
education if it demonstrates in its application, to the satisfaction of
the Secretary, that--
            ``(1) these students are at high risk of dropping out; and
            ``(2) it will first meet the needs of all its eligible
        first- and second-year students for services under this
        chapter.
    ``(c) Grant Size.--
            ``(1) In general.--The Secretary may, by regulation,
        establish minimum student grant award levels for purposes of
        subsection (a)(3), taking into account such factors as the
        different costs of attendance associated with public and
        private institutions.
            ``(2) Exception.--If the Secretary does not establish
        minimum student grant award levels under paragraph (1), or if
        an institution wishes to provide grants under subsection (a)(3)
        in an amount less than the minimum set by the Secretary, the
        institution shall demonstrate in its application, to the
        satisfaction of the Secretary, that the size of the grants it
        will provide is appropriate and likely to have a significant
        effect on the persistence problem at that institution.

``SEC. 408F. RELATION TO OTHER FINANCIAL ASSISTANCE.

    ``A grant provided to a student by an eligible institution from an
award made under this chapter shall not be considered in determining
that student's need for grant or work assistance under this title,
except that in no case shall the total amount of student financial
assistance awarded to a student under this title exceed that student's
cost of attendance, as defined by section 472.

``SEC. 408G. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry
out this chapter $35,000,000 for fiscal year 2000, and such sums as may
be necessary for each of the 4 succeeding fiscal years.--
    ``(b) Special Rule.--From the amounts appropriated under subsection
(a) for any fiscal year, the Secretary may reserve up to 1 percent of
such amount for that fiscal year in order to carry out an evaluation of
the program authorized by this chapter.''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 2 shall be effective on October 1,
1999.

Output:
Authorizes the Secretary of Education to make competitive matching grants to such institutions or consortia (which may include associate degree-granting institutions belonging to a consortium that also includes baccalaureate degree- granting institutions). Limits to two the number of such grants to any institution.
Requires institutions to use grant funds to provide services or assistance to students, particularly economically disadvantaged students, at risk of leaving their programs of study without baccalaureate degrees. Requires this to be done through one or both of the following: (1) intensive summer programs for incoming first-year students (and, under certain conditions, second- or third-year students); and (2) student support service programs, targeted to students in their first two years of postsecondary education. Allows institutions, if they carry out either or both of those required programs, to use such funds also for grants to students in their first two years of postsecondary education. Allows use of such funds to serve students who have completed their first two years of postsecondary education if they are at-risk and the institution will first meet the needs of all its eligible first- and second-year students for services under this Act.
Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Land Disposal Program Flexibility
Act of 1996''.

SEC. 2. LAND DISPOSAL RESTRICTIONS.

    Section 3004(g) of the Solid Waste Disposal Act is amended by
adding after paragraph (6) the following:
        ``(7) Solid waste identified as hazardous based solely on one
    or more characteristics shall not be subject to this subsection,
    any prohibitions under subsection (d), (e), or (f), or any
    requirement promulgated under subsection (m) (other than any
    applicable specific methods of treatment, as provided in paragraph
    (8)) if the waste--
            ``(A) is treated in a treatment system that subsequently
        discharges to waters of the United States pursuant to a permit
        issued under section 402 of the Federal Water Pollution Control
        Act (commonly known as the ``Clean Water Act'') (33 U.S.C.
        1342), treated for the purposes of the pretreatment
        requirements of section 307 of the Clean Water Act (33 U.S.C.
        1317), or treated in a zero discharge system that, prior to any
        permanent land disposal, engages in treatment that is
        equivalent to treatment required under section 402 of the Clean
        Water Act (33 U.S.C. 1342) for discharges to waters of the
        United States, as determined by the Administrator; and
            ``(B) no longer exhibits a hazardous characteristic prior
        to management in any land-based solid waste management unit.
        ``(8) Solid waste that otherwise qualifies under paragraph (7)
    shall nevertheless be required to meet any applicable specific
    methods of treatment specified for such waste by the Administrator
    under subsection (m), including those specified in the rule
    promulgated by the Administrator June 1, 1990, prior to management
    in a land-based unit as part of a treatment system specified in
    paragraph (7)(A). No solid waste may qualify under paragraph (7)
    that would generate toxic gases, vapors, or fumes due to the
    presence of cyanide when exposed to pH conditions between 2.0 and
    12.5.
        ``(9) Solid waste identified as hazardous based on one or more
    characteristics alone shall not be subject to this subsection, any
    prohibitions under subsection (d), (e), or (f), or any requirement
    promulgated under subsection (m) if the waste no longer exhibits a
    hazardous characteristic at the point of injection in any Class I
    injection well permitted under section 1422 of title XIV of the
    Public Health Service Act (42 U.S.C. 300h-1).
        ``(10) Not later than five years after the date of enactment of
    this paragraph, the Administrator shall complete a study of
    hazardous waste managed pursuant to paragraph (7) or (9) to
    characterize the risks to human health or the environment
    associated with such management. In conducting this study, the
    Administrator shall evaluate the extent to which risks are
    adequately addressed under existing State or Federal programs and
    whether unaddressed risks could be better addressed under such laws
    or programs. Upon receipt of additional information or upon
    completion of such study and as necessary to protect human health
    and the environment, the Administrator may impose additional
    requirements under existing Federal laws, including subsection
    (m)(1), or rely on other State or Federal programs or authorities
    to address such risks. In promulgating any treatment standards
    pursuant to subsection (m)(1) under the previous sentence, the
    Administrator shall take into account the extent to which treatment
    is occurring in land-based units as part of a treatment system
    specified in paragraph (7)(A).
        ``(11) Nothing in paragraph (7) or (9) shall be interpreted or
    applied to restrict any inspection or enforcement authority under
    the provisions of this Act.''.

SEC. 3. GROUND WATER MONITORING.

    (a) Amendment of Solid Waste Disposal Act.--Section 4010(c) of the
Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended as follows:
        (1) By striking ``Criteria.--Not later'' and inserting the
    following: ``Criteria.--
        ``(1) In general.--Not later''.
        (2) By adding at the end the following new paragraphs:
        ``(2) Additional revisions.--Subject to paragraph (3), the
    requirements of the criteria described in paragraph (1) relating to
    ground water monitoring shall not apply to an owner or operator of
    a new municipal solid waste landfill unit, an existing municipal
    solid waste landfill unit, or a lateral expansion of a municipal
    solid waste landfill unit, that disposes of less than 20 tons of
    municipal solid waste daily, based on an annual average, if--
            ``(A) there is no evidence of ground water contamination
        from the municipal solid waste landfill unit or expansion; and
            ``(B) the municipal solid waste landfill unit or expansion
        serves--
                ``(i) a community that experiences an annual
            interruption of at least 3 consecutive months of surface
            transportation that prevents access to a regional waste
            management facility; or
                ``(ii) a community that has no practicable waste
            management alternative and the landfill unit is located in
            an area that annually receives less than or equal to 25
            inches of precipitation.
        ``(3) Protection of ground water resources.--
            ``(A) Monitoring requirement.--A State may require ground
        water monitoring of a solid waste landfill unit that would
        otherwise be exempt under paragraph (2) if necessary to protect
        ground water resources and ensure compliance with a State
        ground water protection plan, where applicable.
            ``(B) Methods.--If a State requires ground water monitoring
        of a solid waste landfill unit under subparagraph (A), the
        State may allow the use of a method other than the use of
        ground water monitoring wells to detect a release of
        contamination from the unit.
            ``(C) Corrective action.--If a State finds a release from a
        solid waste landfill unit, the State shall require corrective
        action as appropriate.
        ``(4) No-migration exemption.--
            ``(A) In general.--Ground water monitoring requirements may
        be suspended by the Director of an approved State for a
        landfill operator if the operator demonstrates that there is no
        potential for migration of hazardous constituents from the unit
        to the uppermost aquifer during the active life of the unit and
        the post-closure care period.
            ``(B) Certification.--A demonstration under subparagraph
        (A) shall be certified by a qualified ground-water scientist
        and approved by the Director of an approved State.
            ``(C) Guidance.--Not later than 6 months after the date of
        enactment of this paragraph, the Administrator shall issue a
        guidance document to facilitate small community use of the no
        migration exemption under this paragraph.
        ``(5) Alaska native villages.--Upon certification by the
    Governor of the State of Alaska that application of the
    requirements described in paragraph (1) to a solid waste landfill
    unit of a Native village (as defined in section 3 of the Alaska
    Native Claims Settlement Act (16 U.S.C. 1602)) or unit that is
    located in or near a small, remote Alaska village would be
    infeasible, or would not be cost-effective, or is otherwise
    inappropriate because of the remote location of the unit, the State
    may exempt the unit from some or all of those requirements. This
    paragraph shall apply only to solid waste landfill units that
    dispose of less than 20 tons of municipal solid waste daily, based
    on an annual average.
        ``(6) Further revisions of guidelines and criteria.--
    Recognizing the unique circumstances of small communities, the
    Administrator shall, not later than two years after enactment of
    this provision promulgate revisions to the guidelines and criteria
    promulgated under this subtitle to provide additional flexibility
    to approved States to allow landfills that receive 20 tons or less
    of municipal solid waste per day, based on an annual average, to
    use alternative frequencies of daily cover application, frequencies
    of methane gas monitoring, infiltration layers for final cover, and
    means for demonstrating financial assurance: Provided, That such
    alternative requirements take into account climatic and
    hydrogeologic conditions and are protective of human health and
    environment.''.
    (b) Reinstatement of Regulatory Exemption.--It is the intent of
section 4010(c)(2) of the Solid Waste Disposal Act, as added by
subsection (a), to immediately reinstate subpart E of part 258 of title
40, Code of Federal Regulations, as added by the final rule published
at 56 Federal Register 50798 on October 9, 1991.

SEC. 4. TECHNICAL CORRECTIONS TO SOLID WASTE DISPOSAL ACT.

    The Solid Waste Disposal Act is amended as follows:
        (1) In section 3001(d)(5) by striking ``under section 3001''
    and inserting ``under this section''.
        (2) By inserting a semicolon at the end of section
    3004(q)(1)(C).
        (3) In section 3004(g), by striking ``subparagraph (A) through
    (C)'' in paragraph (5) and inserting ``subparagraphs (A) through
    (C)''.
        (4) In section 3004(r)(2)(C), by striking ``pertroleum-
    derived'' and inserting ``petroleum-derived''.
        (5) In section 3004(r)(3) by inserting after ``Standard'' the
    word ``Industrial''.
        (6) In section 3005(a), by striking ``polycholorinated'' and
    inserting ``polychlorinated''.
        (7) In section 3005(e)(1), by inserting a comma at the end of
    subparagraph (C).
        (8) In section 4007(a), by striking ``4003'' in paragraphs (1)
    and (2)(A) and inserting ``4003(a)''.

                               Speaker of the House of Representatives.

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

Output:
Land Disposal Program Flexibility Act of 1996 - Amends the Solid Waste Disposal Act (SWDA) to exempt from land disposal restrictions (other than requirements pertaining to applicable specific methods of treatment promulgated by the Administrator of the Environmental Protection Agency under SWDA) solid waste identified as hazardous based solely on one or more characteristics if such waste:  (1) is treated in a treatment system that subsequently discharges to waters of the United States pursuant to a permit issued under the Federal Water Pollution Control Act (Clean Water Act), undergoes pretreatment for purposes of compliance with toxic and pretreatment effluent standards of such Act, or is treated in a zero-discharge system that the Administrator determines to be engaging in Clean Water Act-equivalent treatment; (2) no longer exhibits such characteristic prior to land disposal; (3) has met any applicable specific method of treatment promulgated by the Administrator, including those specified in the rule promulgated by the Administrator on June 1, 1990, prior to management in a land-based unit as part of a treatment system specified in clause (1) above; and (4) would not generate toxic gases, vapors, or fumes due to the presence of cyanide at the point of generation when exposed to pH conditions of a specified range.
Amends SWDA to exempt from land disposal restrictions solid waste identified as hazardous based on one or more characteristics alone if the waste no longer exhibits a hazardous characteristic at the point of injection into any Class I deep well regulated under safe drinking water provisions of the Public Health Service Act.
Requires the Administrator to conduct a study of hazardous waste managed in accordance with this Act to characterize the risks to human health or the environment associated with such management, upon completion of which the Administrator may impose additional requirements or rely upon other State or Federal programs or authorities to address such risks.
(Sec. 3) Makes certain groundwater monitoring requirements inapplicable to new or existing municipal solid waste landfill units or lateral expansions of such units that dispose of fewer than 20 tons of municipal solid waste daily, based on an annual average, if:  (1) there is no evidence of groundwater contamination from such units or expansions; and (2) the units or expansions serve a community that experiences an annual interruption of at least three consecutive months of surface transportation that prevents access to a regional waste management facility or that has no practicable waste management alternative and such units are located in an area that annually receives 25 inches of precipitation or less.
Permits States to require monitoring of units that would otherwise be exempt if necessary to protect groundwater resources and ensure compliance with a State groundwater protection plan.
Allows the suspension of groundwater monitoring requirements if a landfill operator demonstrates that there is no potential for migration of hazardous constituents from the unit to the uppermost aquifer during the active life of the unit and the post-closure care period.  Allows the State of Alaska to exempt units of Alaska Native villages or located in or near small, remote Alaska villages from some or all of such requirements if such requirements would be infeasible, would not be cost-effective, or would be inappropriate because of the unit's remote location.  Applies this exemption only to landfills that dispose of less than 20 tons of municipal solid waste daily.
Directs the Administrator to promulgate revisions to provide additional flexibility to approved States to allow landfills that receive no more than 20 tons of municipal solid waste daily to use alternative frequencies of daily cover application and methane gas monitoring, infiltration layers for final cover, and means for demonstrating financial assurance, provided such alternative requirements take into account climatic and hydrogeologic conditions and protect human health and the environment.
Declares that it is the intent of this Act to reinstate EPA rules promulgated on October 9, 1991, regarding groundwater monitoring at municipal solid waste landfill units.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Commerce Enhancement
Act''.

SEC. 2. REFERENCES.

    Except as otherwise specifically provided in this Act, whenever in
this Act an amendment or repeal is expressed as the amendment or repeal
of a section or other provision, the reference shall be considered to
be made to a section or other provision of the Arms Export Control Act
(22 U.S.C. 2751 et seq.).

SEC. 3. FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND RESTRAINTS.

    (a) Value of Defense Articles and Services.--Section 3(d) (22
U.S.C. 2753(d)) is amended in paragraphs (1) and (3)(A)--
            (1) by striking ``$14,000,000'' each place it appears and
        inserting ``$25,000,000''; and
            (2) by striking ``$50,000,000'' each place it appears and
        inserting ``$85,000,000''.
    (b) Transfers With Respect to NATO and Major Non-NATO Countries.--
Section 3(d) (22 U.S.C. 2753(d)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``Except as
                provided in subparagraph (B), unless'' and inserting
                ``Unless''; and
                            (ii) in subparagraph (B) to read as
                        follows:
    ``(B) Subparagraph (A) shall not apply in the case of a proposed
transfer to the North Atlantic Treaty Organization, or any member
country of such Organization, Japan, Australia, or New Zealand.''; and
                            (iii) in subparagraph (C), by striking ``or
                        (B)''; and
            (2) in paragraph (3)--
                    (A) in the second sentence of subparagraph (A), by
                striking ``shall be submitted'' and all that follows
                through ``unless the President'' and inserting ``shall
                be submitted at least 30 calendar days before such
                consent is given in the case of a transfer to a country
                other than a country which is a member of the North
                Atlantic Treaty Organization, Japan, Australia, or New
                Zealand, unless the President'';
                    (B) in the third sentence of subparagraph (A), by
                striking ``(thus waiving the requirements of clause (i)
                or (ii), as the case may be, and of subparagraph
                (B))''; and
                    (C) in subparagraph (B)--
                            (i) by striking ``15-day or''; and
                            (ii) by striking ``subparagraph (A)(i) or
                        (ii), as the case may be,'' and inserting
                        ``subparagraph (A)''.

SEC. 4. MILITARY EXPORT CONTROLS.

    (a) Value of Defense Articles and Services.--Section 36 (22 U.S.C.
2776) is amended in the first sentence of subsections (b)(1) and
(c)(1)--
            (1) by striking ``$14,000,000'' each place it appears and
        inserting ``$25,000,000''; and
            (2) by striking ``$50,000,000'' each place it appears and
        inserting ``$85,000,000''.
    (b) Transfers With Respect to NATO and Major Non-NATO Countries.--
Section 36 (22 U.S.C. 2776) is amended--
            (1) in subsection (b)--
                    (A) in the matter following subparagraph (P) of
                paragraph (1), by striking ``proposed sale to the North
                Atlantic Treaty Organization, any member country of
                such Organization, Japan, Australia, or New Zealand, if
                the Congress, within fifteen calendar days after
                receiving such certification, or with respect to a
                proposed sale to any other country or organization,''
                and inserting ``proposed sale to a country other than a
                country which is a member of the North Atlantic Treaty
                Organization, Japan, Australia, or New Zealand, or to
                any other organization,''; and
                    (B) in paragraph (2), strike ``, except that for
                purposes of consideration of any joint resolution'' and
                all that follows through ``its introduction'';
            (2) in subsection (c)(2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``the North Atlantic Treaty
                        Organization, any member country of that
                        Organization, Japan, Australia, or New
                        Zealand'' and inserting ``a country other than
                        a country which is a member of the North
                        Atlantic Treaty Organization, Japan, Australia,
                        or New Zealand, or to any other organization'';
                            (ii) by striking ``15'' each place it
                        appears and inserting ``30''; and
                            (iii) by adding ``and'' at the end;
                    (B) in subparagraph (B), by striking ``; and'' and
                inserting a period; and
                    (C) by striking subparagraph (C); and
            (3) in subsection (d)--
                    (A) in paragraph (2), by striking ``shall be
                submitted'' and all that follows through ``unless the
                President'' and inserting ``shall be submitted at least
                30 days before approval is given in the case of an
                agreement for or in a country other than a country
                which is a member of the North Atlantic Treaty
                Organization, Japan, Australia, or New Zealand, unless
                the President''; and
                    (B) in paragraph (4)--
                            (i) by striking ``15-day or''; and
                            (ii) by striking ``paragraph (2)(A) or (B),
                        as the case may be,'' and inserting ``paragraph
                        (2)''.
    (c) License Applications for Commercial Sales.--Section 36(c)(1)
(22 U.S.C. 2776(c)(1)) is amended in the first sentence by striking
``sold under a contract'' each place it appears and inserting ``to be
sold under a contract, proposed contract, or formal proposal of sale''.

SEC. 5. LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR COOPERATIVE
              RESEARCH AND DEVELOPMENT PURPOSES.

    (a) Value of Defense Articles.--Section 63(a) (22 U.S.C. 2796b(a))
is amended--
            (1) by striking ``$14,000,000'' and inserting
        ``$25,000,000''; and
            (2) by striking ``$50,000,000'' and inserting
        ``$85,000,000''.
    (b) Transfers With Respect to NATO and Major Non-NATO Countries.--
Chapter 6 (22 U.S.C. 2796) is amended--
            (1) in section 62(c), by striking ``shall be transmitted''
        and all that follows through ``organization or country'' and
        inserting ``shall be transmitted not less than 30 calendar days
        before the agreement is entered into or renewed in the case of
        an agreement with a country other than a country which is a
        member of the North Atlantic Treaty Organization, Japan,
        Australia, or New Zealand, or any other organization''; and
            (2) in section 63(a)--
                    (A) by striking ``15-day or''; and
                    (B) by striking ``section 62(c) (1) or (2), as the
                case may be,'' and inserting ``section 62(c)''.

Output: International Commerce Enhancement Act - Amends the Arms Export Control Act to increase threshold values of major defense equipment or defense articles or related training or other defense services whose transfer or lease to foreign countries would require a presidential certification to Congress. Exempts from specified congressional oversight requirements any such transfers to North Atlantic Treaty Organization (NATO) countries, Japan, Australia, or New Zealand.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rush Hour Congestion Relief Act of
2004''.

SEC. 2. TRAFFIC INCIDENT MANAGEMENT PROGRAM.

    (a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by inserting after section 138 the following:
``Sec. 139. Traffic incident management program
    ``(a) In General.--The Secretary shall establish and implement a
traffic incident management program in accordance with this section to
assist States and localities in--
            ``(1) regional traffic incident management program
        planning; and
            ``(2) carrying out projects to mitigate the effects of
        traffic delays resulting from accidents, breakdowns, and other
        non-recurring incidents on highways.
    ``(b) Use of Funds.--Funds apportioned to a State under this
section may be used for--
            ``(1) regional collaboration and coordination activities
        that lead to regional traffic incident management policies,
        programs, plans, procedures, and agreements;
            ``(2) purchase or lease of telecommunications equipment for
        first responders as part of the development of a regional
        traffic incident management program;
            ``(3) purchase or lease of equipment to support the
        clearance of traffic incidents;
            ``(4) payments to contractors for towing and recovery
        services as part of a regional traffic incident management
        program;
            ``(5) rental of vehicle storage or staging areas
        immediately adjacent to roadways as part of a regional traffic
        incident management program;
            ``(6) traffic service patrols as part of a regional traffic
        incident management program;
            ``(7) enhanced hazardous materials incident response;
            ``(8) traffic management systems in support of traffic
        incident management;
            ``(9) traffic incident management training;
            ``(10) crash investigation equipment;
            ``(11) other activities under a regional traffic incident
        management plan; and
            ``(12) statewide incident reporting systems.
    ``(c) Regional Traffic Incident Management Plan.--
            ``(1) Plan.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), funds apportioned under this section
                may not be obligated for an urbanized area with a
                population greater than 300,000 until such time as a
                regional traffic incident management plan is developed
                for the urbanized area.
                    ``(B) Funds for plan.--An urbanized area described
                in subparagraph (A) may use funds apportioned under
                this section to develop the regional traffic incident
                management plan in accordance with this subsection.
            ``(2) Plan development.--
                    ``(A) Collaboration.--Any urbanized area described
                in paragraph (1) that receives funds apportioned under
                this section shall engage in regional collaboration and
                coordination activities to develop the regional traffic
                incident management plan required for the urbanized
                area under that paragraph.
                    ``(B) Plan elements.--The regional traffic incident
                management plan for an urbanized area under paragraph
                (1) shall include--
                            ``(i) a strategy, adopted by
                        transportation, public safety, and appropriate
                        private sector participants, for funding,
                        implementing, managing, operating, and
                        evaluating the traffic incident management
                        program initiatives and activities for the
                        urbanized area in a manner that ensures
                        regional coordination of those initiatives and
                        activities;
                            ``(ii) an estimate of the impact of the
                        plan on traffic delays; and
                            ``(iii) a description of the means by which
                        traffic incident management information will be
                        shared among operators, service providers,
                        public safety officials, and the general
                        public.
    ``(d) Funding.--
            ``(1) Authorization of appropriations.--There is authorized
        to be appropriated from the Highway Trust Fund (other than the
        Mass Transit Account) to carry out this section $1,000,000,000
        for each of fiscal years 2005 through 2010.
            ``(2) Apportionment among states.--Funds made available
        under paragraph (1) shall be apportioned among the States in
        the proportion that--
                    ``(A) the aggregate population of the State, or
                part of the State, in urbanized areas with a population
                greater than 300,000; bears to
                    ``(B) the total population of all States, or parts
                of all States, in those urbanized areas.
            ``(3) Distribution within states.--Funds apportioned to a
        State under paragraph (2) shall be made available to carry out
        projects and activities under regional traffic incident
        management plans in each urbanized area in the State with a
        population greater than 300,000 in the proportion that--
                    ``(A) the population of the urbanized area, or part
                of the urbanized area, in the State; bears to
                    ``(B) the total population of all urbanized areas
                in the State.
    ``(e) Determination of Populations.--For the purpose of determining
populations of areas under this section, the Secretary shall use
information from the most current decennial census, as supplied by the
Secretary of Commerce.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by inserting after the
item relating to section 138 the following:

``139. Traffic incident management program.''.

Output:
Rush Hour Congestion Relief Act of 2004 - Amends the Federal-Aid Highways Program to direct the Secretary of Transportation to establish and implement a traffic incident management program to assist States and localities in: (1) regional traffic incident management program planning; and (2) carrying out projects to mitigate the effects of traffic delays resulting from accidents, breakdowns, and other non-recurring incidents on highways.

Prohibits funds apportioned under this Act from being obligated for an urbanized area with a population greater than 300,000 until such time as a regional traffic incident management plan is developed for the urbanized area.

Requires an urbanized area that receives funds under this Act to engage in certain regional collaboration and coordination activities to develop a prescribed regional traffic incident management plan.

Prescribes an apportionment formula for funds distribution among the States to implement this Act.