SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clear Creek National Recreation Area
and Conservation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Management plan.--The term ``management plan'' means
        the Plan for the Recreation Area prepared under section 4(c).
            (2) Recreation area.--The term ``Recreation Area'' means
        the Clear Creek National Recreation Area.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.
            (4) State.--The term ``State'' means the State of
        California.
            (5) Off highway vehicle.--The term ``off highway vehicle''
        means any motorized vehicle designed for or capable of cross-
        country travel on or immediately over land, water, snow, or
        other natural terrain and not intended for use on public roads.

SEC. 3. ESTABLISHMENT OF CLEAR CREEK NATIONAL RECREATION AREA.

    (a) In General.--To promote environmentally responsible off highway
vehicle recreation, the area generally depicted as ``Proposed Clear
Creek National Recreation Area'' on the map titled ``Proposed Clear
Creek National Recreation Area'' and dated December 15, 2015, is
established as the ``Clear Creek National Recreation Area'', to be
managed by the Secretary.
    (b) Other Purposes.--The Recreation Area shall also support other
public recreational uses, such as hunting, hiking, and rock and gem
collecting.
    (c) Map on File.--Copies of the map referred to in subsection (a)
shall be on file and available for public inspection in--
            (1) the Office of the Director of the Bureau of Land
        Management; and
            (2) the appropriate office of the Bureau of Land Management
        in California.

SEC. 4. MANAGEMENT.

    (a) In General.--The Secretary shall manage the Recreation Area to
further the purposes described in section 3(a), in accordance with--
            (1) this Act;
            (2) the Federal Land Policy and Management Act of 1976 (43
        U.S.C. 1701 et seq.); and
            (3) any other applicable law.
    (b) Uses.--The Secretary shall--
            (1) prioritize environmentally responsible off highway
        vehicle recreation and also facilitate hunting, hiking, gem
        collecting, and the use of motorized vehicles, mountain bikes,
        and horses in accordance with the management plan described in
        subsection (c);
            (2) issue special recreation permits for motorized and non-
        motorized events; and
            (3) reopen the Clear Creek Management Area to the uses
        described in this subsection as soon as practicable following
        the enactment of this Act and in accordance with the management
        guidelines outlined in this Act and other applicable law.
    (c) Interim Management Plan.--The Secretary shall use the 2006
Clear Creek Management Area Resource Management Plan Amendment and
Route Designation Record of Decision as modified by this Act or the
Secretary to incorporate natural resource protection information not
available in 2006, as the basis of an interim management plan to govern
off highway vehicle recreation within the Recreation Area pending the
completion of the long-term management plan required in subsection (d).
    (d) Permanent Management Plan.--Not later than 2 years after the
date of the enactment of this Act, the Secretary shall create a
comprehensive management plan for the Clear Creek Recreation Area
that--
            (1) shall describe the appropriate uses and management of
        the Recreation Area in accordance with this Act;
            (2) shall be prepared in consultation with--
                    (A) appropriate Federal, State, and local agencies
                (including San Benito, Monterey, and Fresno Counties);
                    (B) adjacent land owners;
                    (C) other stakeholders (including conservation and
                recreational organizations); and
                    (D) holders of any easements, rights-of-way, and
                other valid rights in the Recreation Area;
            (3) shall include a hazards education program to inform
        people entering the Recreation Area of the asbestos related
        risks associated with various activities within the Recreation
        Area, including off-highway vehicle recreation;
            (4) shall include a user fee program for motorized vehicle
        use within the Recreational Area and guidelines for the use of
        the funds collected for the management and improvement of the
        Recreation Area;
            (5) shall designate as many previously used trails, roads,
        and other areas for off highway vehicle recreation as feasible
        in accordance with this in order to provide a substantially
        similar recreational experience, except that nothing in this
        paragraph shall be construed as precluding the Secretary from
        closing any area, trail, or route from use for the purposes of
        public safety or resource protection;
            (6) may incorporate any appropriate decisions, as
        determined by the Secretary, in accordance with this Act, that
        are contained in any management or activity plan for the area
        completed before the date of the enactment of this Act;
            (7) may incorporate appropriate wildlife habitat management
        plans or other plans prepared for the land within or adjacent
        to the Recreation Area before the date of the enactment of this
        Act, in accordance with this Act;
            (8) may use information developed under any studies of land
        within or adjacent to the Recreation Area carried out before
        the date of enactment of this Act; and
            (9) may include cooperative agreements with State or local
        government agencies to manage all or a portion of the
        recreational activities within the Recreation Area in
        accordance with an approved management plan and the
        requirements of this Act.
    (e) Acquisition of Property.--
            (1) In general.--The Secretary may acquire land adjacent to
        the National Recreation Area by purchase from willing sellers,
        donation, or exchange.
            (2) Management.--Any land acquired under paragraph (1)
        shall be managed in accordance with--
                    (A) the Federal Land Policy and Management Act of
                1976 (43 U.S.C. 1701 et seq.);
                    (B) this Act; and
                    (C) any other applicable law (including
                regulations).
            (3) Improved access.--The Secretary may acquire by purchase
        from willing sellers, donation, exchange, or easement, land, or
        interest in land to improve public safety in providing access
        to the Recreation Area.
    (f) Private Property.--
            (1) Access to private property.--
                    (A) In general.--The Secretary shall provide
                landowners adequate access to inholdings within the
                Recreation Area.
                    (B) Inholdings.--For access purposes, private land
                adjacent to the Recreation Area to which there is no
                other practicable access except through the Recreation
                Area shall be managed as an inholding.
            (2) Use of private property.--Nothing in this Act affects
        the ownership, management, or other rights relating to any non-
        Federal land (including any interest in any non-Federal land).
            (3) Buffer zones.--Nothing in this Act creates a protective
        perimeter or buffer zone around the Recreation Area.
            (4) Valid rights.--Nothing in this Act affects any
        easements, rights-of-way, and other valid rights in existence
        on the date of the enactment of this Act.
    (g) Water Right Exclusion.--Nothing in this Act--
            (1) shall constitute or be construed to constitute either
        an express or implied reservation by the United States of any
        water or water rights with respect to the Recreation Area; or
            (2) shall affect any water rights existing on the date of
        the enactment of this Act.
    (h) Hunting and Fishing.--Nothing in this Act--
            (1) limits hunting or fishing; or
            (2) affects the authority, jurisdiction, or responsibility
        of the State to manage, control, or regulate fish and resident
        wildlife under State law (including regulations), including the
        regulation of hunting or fishing on public land managed by the
        Bureau of Land Management.
    (i) Motorized Vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes or to respond to an
emergency, the use of motorized vehicles on public land in the
Recreation Area shall be permitted only on roads, trails, and areas
designated by the management plan for the use by motorized vehicles.
    (j) Grazing.--In the Recreation Area, the grazing of livestock in
areas in which grazing is allowed as of the date of the enactment of
this Act shall be allowed to continue, consistent with--
            (1) this Act;
            (2) the Federal Land Policy and Management Act of 1976 (43
        U.S.C. 1701 et seq.); and
            (3) any regulations promulgated by the Secretary, acting
        through the Director of the Bureau of Land Management.
    (k) Withdrawal.--Subject to valid existing rights, all Federal land
within the Recreation Area is withdrawn from--
            (1) all forms of entry, appropriation, and disposal under
        the public land laws;
            (2) location, entry, and patenting under the mining laws;
        and
            (3) operation of the mineral leasing, mineral materials,
        and geothermal leasing laws.
    (l) Fees.--Amounts received by the Secretary under the fee
structure required by subsection (d)(4) shall be--
            (1) deposited in a special account in the Treasury of the
        United States; and
            (2) made available until expended to the Secretary for use
        in the Recreation Area.
    (m) Risk Standard.--The National Oil and Hazardous Substances
Pollution Contingency Plan (section 300 of title 40, Code of Federal
Regulations), published pursuant to section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9605), shall not apply to the Secretary's management of asbestos
exposure risks faced by the public when recreating within the Clear
Creek Recreation Area described in section 3(b).

SEC. 5. JOAQUIN ROCKS WILDERNESS.

    In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the
approximately 21,000 acres of Federal lands located in Fresno County
and San Benito County, California, and generally depicted on a map
entitled ``Proposed Joaquin Rocks Wilderness'' and dated January 14,
2015, is designated as wilderness and as a component of the National
Wilderness Preservation System and shall be known as the ``Joaquin
Rocks Wilderness''.

SEC. 6. RELEASE OF SAN BENITO MOUNTAIN WILDERNESS STUDY AREA.

    (a) Finding.--Congress finds that, for the purposes of section 603
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782),
the San Benito Mountain wilderness study area has been adequately
studied for wilderness designation.
    (b) Release.--The San Benito Mountain wilderness study area is no
longer subject to section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)).

SEC. 7. CLARIFICATION REGARDING FUNDING.

    No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.

            Passed the House of Representatives July 5, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Clear Creek National Recreation Area and Conservation Act This bill establishes the Clear Creek National Recreation Area in California to promote environmentally responsible off-highway vehicle recreation and support other public recreational uses, including hunting, hiking, and rock and gem collecting. The Department of the Interior shall: prioritize environmentally responsible off-highway vehicle recreation and also facilitate hunting, hiking, gem collecting, and the use of motorized vehicles, mountain bikes, and horses, issue special recreation permits for motorized and nonmotorized events. And reopen the Clear Creek Management Area to such uses. Interior shall use the 2006 Clear Creek Management Area Travel Management Plan, as modified by this bill or by Interior, to incorporate natural resource protection information unavailable in 2006 as the basis for an interim management plan to govern off-highway vehicle recreation in the Recreation Area. Interior shall create a comprehensive management plan for the Recreation Area, which shall include: a hazards education program to inform people entering the Recreation Area of the asbestos-related risks associated with various activities within the recreation area, including off-highway vehicle recreation. And a user fee program for motorized vehicle use and guidelines for the use of the funds collected for the management and improvement of the recreation area. Interior may acquire by purchase from willing sellers, donation, or exchange: lands adjacent to the Recreation Area, and lands or interests in land to improve public safety in allowing access to the Recreation Area. Landowners must be given adequate access to inholdings within the Recreation Area. Private land adjacent to the Recreation Area to which there is no practicable access except through the recreation area shall be managed as an inholding. Nothing in this bill: creates a protective perimeter or buffer zone around the Recreation Area, constitutes a reservation by the United States of any water or water rights, limits hunting or fishing, or affects state authority to manage or regulated fish and resident wildlife. The use of motorized vehicles on public land in the Recreation Area shall be permitted only on roads, trails, and areas designated by the management plan. Livestock grazing shall be allowed to continue in certain parts of the Recreation Area. The bill withdraws all federal land within the Recreation Area from: (1) all forms of entry, appropriations, and disposal under the public land laws, (2) location, entry, and patenting under the mining laws. And (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. The National Oil and Hazardous Substances Pollution Contingency Plan shall not apply to Interior's management of asbestos exposure risks faced by the public when recreating within the Recreation Area. The bill designates approximately 21,000 acres of identified federal lands in Fresno and San Benito Counties, California, as the Joaquin Rocks Wilderness, and a component of the National Wilderness Preservation System. The bill also releases the San Benito Mountain Wilderness Study Area from specified requirements applicable to public lands subject to a wilderness review. No additional funds are authorized to carry out this bill's requirements, and those requirements shall be carried out using amounts otherwise authorized.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Economic Modernization Act''.

SEC. 2. ECONOMIC TRANSITION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986, as amended by section 13403(a) of
Public Law 115-97, is amended by adding at the end the following new
section:

``SEC. 45T. ECONOMIC TRANSITION CREDIT.

    ``(a) In General.--For purposes of section 38, the amount of the
economic transition credit determined under this section for the
taxable year shall be equal to the sum of any applicable payroll taxes
paid by an employer during the taxable year with respect to employment
of any qualified employee.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Applicable payroll taxes.--
                    ``(A) In general.--The term `applicable payroll
                taxes' means, with respect to any employer for any
                taxable year, the amount of the taxes imposed by--
                            ``(i) section 3111 on wages paid by an
                        employer with respect to employment of
                        qualified employee during the applicable
                        period, and
                            ``(ii) section 3221(a) on compensation paid
                        by an employer with respect to services
                        rendered by a qualified employee during the
                        applicable period.
                    ``(B) Applicable period.--For purposes of
                subparagraph (A), the term `applicable period' means
                the 3-year period beginning with the day the qualified
                employee begins work for the employer.
            ``(2) Declining field.--
                    ``(A) In general.--The term `declining field' means
                any occupation or field of work which has been
                determined by the Secretary, in consultation with the
                Bureau of Labor Statistics of the Department of Labor,
                to have experienced a decline in the level of average
                employment in such occupation or field in the United
                States of not less than 8 percent over the most recent
                3-year period for which such information is available.
                    ``(B) Determination and publication.--The
                Secretary, in consultation with the Bureau of Labor
                Statistics of the Department of Labor, shall annually--
                            ``(i) determine which occupations or fields
                        of work satisfy the requirements described in
                        subparagraph (A), and
                            ``(ii) publish and make available on the
                        website of the Department of the Treasury a
                        complete list of such occupations and fields of
                        work.
            ``(3) Qualified employee.--
                    ``(A) In general.--The term `qualified employee'
                means an individual who--
                            ``(i) is provided wages for employment by
                        the employer (as such terms are defined in
                        section 3121), provided that such employment is
                        not in a declining field,
                            ``(ii) is not a covered employee (as
                        defined in section 162(m)(3)), and
                            ``(iii) was employed in a declining field
                        for any period during the 12-month period
                        preceding the applicable period under paragraph
                        (1)(B).
                    ``(B) Nonqualifying rehires.--The term `qualifying
                employee' shall not include any individual who, prior
                to the beginning of the applicable period under
                paragraph (1)(B), had been employed by the employer at
                any time.''.
    (b) Credit Part of General Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986, as amended by section 13403(b) of Public
Law 115-97, is amended by striking ``plus'' at the end of paragraph
(36), by striking the period at the end of paragraph (37) and inserting
``, plus'', and by adding at the end the following new paragraph:
            ``(38) the economic transition credit determined under
        section 45T(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

``Sec. 45T. Economic Transition Credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 3. ENHANCEMENTS TO CERTAIN EDUCATION TAX BENEFITS FOR
              PROFESSIONALS IN SHORT SUPPLY.

    (a) In General.--
            (1) Publication.--For each calendar year beginning after
        the date of the enactment of this Act, the Secretary of the
        Treasury, in consultation with the Secretary of Labor, shall
        publish and make available on the website of the Department of
        the Treasury a list of any occupation or field of work which
        qualifies as a short supply field for such calendar year.
            (2) Short supply field.--The term ``short supply field''
        means an occupation or field of work which the Secretary of the
        Treasury, in consultation with the Secretary of Labor, has
        determined--
                    (A) requires--
                            (i) theoretical and practical application
                        of a body of highly specialized knowledge; and
                            (ii)(I) attainment of a bachelor's or
                        higher degree in the specific specialty (or its
                        equivalent); or
                            (II) experience in the specialty equivalent
                        to the completion of such degree; and
                    (B) has an insufficient number of individuals who
                are citizens or residents of the United States and are
                qualified, willing, and able to satisfy the demand for
                labor in such occupation or field of work.
    (b) Enhancements to Certain Education Tax Benefits.--
            (1) In general.--
                    (A) Educational assistance programs.--Paragraph (2)
                of section 127(a) of the Internal Revenue Code of 1986
                is amended by inserting ``(or, in the case of an
                individual employed in an occupation or field of work
                which has been designated as a short supply field for
                such calendar year pursuant to section 3(a) of the
                Economic Modernization Act, the first $15,000 of such
                assistance so furnished)'' before the period at the
                end.
                    (B) Interest on education loans.--Paragraph (1) of
                section 221(b) of the Internal Revenue Code of 1986 is
                amended by inserting ``(or, in the case of a individual
                employed in an occupation or field of work which has
                been designated, pursuant to section 3(a) of the
                Economic Modernization Act, as a short supply field for
                the calendar year in which such taxable year began,
                shall not exceed $8,000)'' before the period at the
                end.
                    (C) Qualified tuition and related expenses.--
                Paragraph (1) of section 222(b) of the Internal Revenue
                Code of 1986 is amended by inserting ``(or, in the case
                of an individual employed in an occupation or field of
                work which has been designated, pursuant to section
                3(a) of the Economic Modernization Act, as a short
                supply field for the calendar year in which such
                taxable year began, an amount equal to the applicable
                dollar limit multiplied by 2)'' before the period at
                the end.
            (2) Exclusion for certain employer payments of student
        loans.--
                    (A) In general.--Paragraph (1) of section 127(c) of
                the Internal Revenue Code of 1986 is amended by
                striking ``and'' at the end of subparagraph (A), by
                redesignating subparagraph (B) as subparagraph (C), and
                by inserting after subparagraph (A) the following new
                subparagraph:
                    ``(B) in the case of an employee employed in an
                occupation or field of work which has been designated
                as a short supply field for a calendar year pursuant to
                section 3(a) of the Economic Modernization Act, the
                payment by an employer during such calendar year,
                whether paid to the employee or to a lender, of
                principal or interest on any qualified education loan
                (as defined in section 221(d)(1)) incurred by the
                employee, and''.
                    (B) Conforming amendment; denial of double
                benefit.--Paragraph (1) of section 221(e) of the
                Internal Revenue Code of 1986 is amended by inserting
                before the period the following: ``, or for which an
                exclusion is allowable under section 127 to the
                taxpayer's employer by reason of the payment by such
                employer of any indebtedness on a qualified education
                loan of the taxpayer''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to taxable years beginning after the date of the
        enactment of this Act.

SEC. 4. DEDUCTION OF QUALIFIED ENTERPRISE INCOME.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 181
the following new section:

``SEC. 182. QUALIFIED ENTERPRISE INCOME.

    ``(a) In General.--In the case of a qualified taxpayer, there shall
be allowed as a deduction an amount equal to any qualified enterprise
income of such taxpayer.
    ``(b) Limitation.--The amount of the deduction allowed under
subsection (a) for any taxable year shall not exceed an amount equal to
50 percent of the W-2 wages paid by the qualified taxpayer during such
taxable year.
    ``(c) Definitions.--In this section:
            ``(1) Qualified enterprise income.--
                    ``(A) In general.--The term `qualified enterprise
                income' means the amount equal to the excess (if any)
                of--
                            ``(i) the gross receipts of the qualified
                        taxpayer for the taxable year which are
                        properly allocable to a qualified facility,
                        over
                            ``(ii) an amount equal to the sum of--
                                    ``(I) the cost of goods sold which
                                are allocable to such receipts, and
                                    ``(II) any other expenses, losses
                                or deductions (with the exception of
                                the deduction allowed under this
                                section) which are allocable to such
                                receipts.
                    ``(B) Limitation.--The term `qualified enterprise
                income' shall apply only to gross receipts described in
                subparagraph (A) for the 3-taxable-year period
                beginning after the qualified facility is placed in
                service.
                    ``(C) Method of allocation.--The Secretary shall
                prescribe regulations for ensuring proper allocation of
                amounts under subparagraph (A).
            ``(2) Qualified facility.--
                    ``(A) In general.--The term `qualified facility'
                means any nonresidential building (and its structural
                components) which--
                            ``(i) prior to 2000, was placed in service
                        and used in the active conduct of a trade or
                        business by a person other than the qualified
                        taxpayer,
                            ``(ii) after being acquired by the
                        qualified taxpayer, has been substantially
                        rehabilitated,
                            ``(iii) during the 2-year period prior to
                        commencement of rehabilitation by the qualified
                        taxpayer, was not used in the active conduct of
                        a trade or business, and
                            ``(iv) is located within a State.
                    ``(B) Substantial rehabilitation.--For purposes of
                this paragraph, a building shall be deemed to have been
                substantially rehabilitated only if--
                            ``(i) not less than 50 percent of the
                        existing external walls of such building are
                        retained in place as external walls,
                            ``(ii) not less than 75 percent of the
                        existing internal structural framework of such
                        building is retained in place, and
                            ``(iii) the amount properly chargeable to
                        the capital account for any addition to or
                        improvement of the building is in excess of an
                        amount equal to the greater of--
                                    ``(I) the adjusted basis of such
                                building (and its structural
                                components), or
                                    ``(II) $20,000.
            ``(3) Qualified taxpayer.--The term `qualified taxpayer'
        means the person that owns the qualified facility and directly
        incurs not less than 50 percent of the expenses for
        substantially rehabilitating such facility (under rules similar
        to the rules applicable to self-rehabilitated buildings under
        section 47(d)(4)).
            ``(4) State.--The term `State' means any State of the
        United States or the District of Columbia or any Territory or
        possession of the United States.
            ``(5) W-2 wages.--
                    ``(A) In general.--The term `W-2 wages' means, with
                respect to any person for any taxable year of such
                person, the amounts described in paragraphs (3) and (8)
                of section 6051(a) paid by such person with respect to
                employment of employees by such person during the
                calendar year ending during such taxable year.
                    ``(B) Limitation to wages attributable to qualified
                enterprise income.--Such term shall not include any
                amount which is not properly allocable to qualified
                enterprise income for purposes of subsection (c)(1).
                    ``(C) Return requirement.--Such term shall not
                include any amount which is not properly included in a
                return filed with the Social Security Administration on
                or before the 60th day after the due date (including
                extensions) for such return.''.
    (b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:

``Sec. 182. Qualified Enterprise Income.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Economic Modernization Act This bill amends the Internal Revenue Code to allow additional tax credits and deductions to assist employees who work in declining or short-supply fields. A quot, declining fieldquot. Has experienced a decline in the level of average employment of at least 8 over the most recent 3-year period. A quot, short-supplyquot. Field: (1) requires theoretical and practical application of a body of highly specialized knowledge and certain degrees or experience in the specialty. And (2) has an insufficient number of US citizens or residents who are qualified, willing, and able to satisfy the demand for labor in the occupation or field of work. For employers, the bill allows an economic transition tax credit for payroll taxes paid over a three-year period with respect to employees who previously worked in a declining field. For individuals employed in short-supply fields, the bill: increases the limit for the exclusion from gross income for employer-provided educational assistance programs and expands the exclusion to include payments of education loans, increases the limit for the deduction for interest on education loans, and increases the limit for the deduction for qualified tuition and related expenses. The bill also allows a deduction for companies that rehabilitate certain abandoned buildings. The deduction is equal to a portion of the income attributable to the rehabilitated building and may not exceed 50 of the wages paid by the company.

Economic Modernization Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electric Reliability Improvement Act
of 2003''.

SEC. 2. ELECTRIC RELIABILITY STANDARDS.

    Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by inserting the following new section at the end thereof:

``SEC. 215. ELECTRIC RELIABILITY.

    ``(a) Definitions.--For purposes of this section--
            ``(1) The term `bulk-power system' means--
                    ``(A) facilities and control systems necessary for
                operating an interconnected electric energy
                transmission network (or any portion thereof); and
                    ``(B) electric energy from generation facilities
                needed to maintain transmission system reliability.
        The term does not include facilities used in the local
        distribution of electric energy.
            ``(2) The terms `Electric Reliability Organization' and
        `ERO' mean the organization certified by the Commission under
        subsection (c) the purpose of which is to establish and enforce
        reliability standards for the bulk-power system, subject to
        Commission review.
            ``(3) The term `reliability standard' means a requirement,
        approved by the Commission under this section, to provide for
        reliable operation of the bulk-power system. The term includes
        requirements for the operation of existing bulk-power system
        facilities and the design of planned additions or modifications
        to such facilities to the extent necessary to provide for
        reliable operation of the bulk-power system, but the term does
        not include any requirement to enlarge such facilities or to
        construct new transmission capacity or generation capacity.
            ``(4) The term `reliable operation' means operating the
        elements of the bulk-power system within equipment and electric
        system thermal, voltage, and stability limits so that
        instability, uncontrolled separation, or cascading failures of
        such system will not occur as a result of a sudden disturbance
        or unanticipated failure of system elements.
            ``(5) The term `Interconnection' means a geographic area in
        which the operation of bulk-power system components is
        synchronized such that the failure of one or more of such
        components may adversely affect the ability of the operators of
        other components within the system to maintain reliable
        operation of the facilities within their control.
            ``(6) The term `transmission organization' means a regional
        transmission organization, independent system operator,
        independent transmission provider, or other transmission
        organization finally approved by the Commission for the
        operation of transmission facilities.
            ``(7) The term `regional entity' means an entity having
        enforcement authority pursuant to subsection (e)(4).
    ``(b) Jurisdiction and Applicability.--(1) The Commission shall
have jurisdiction, within the United States, over the ERO certified by
the Commission under subsection (c), any regional entities, and all
users, owners and operators of the bulk-power system, including but not
limited to the entities described in section 201(f), for purposes of
approving reliability standards established under this section and
enforcing compliance with this section. All users, owners and operators
of the bulk-power system shall comply with reliability standards that
take effect under this section.
    ``(2) The Commission shall issue a final rule to implement the
requirements of this section not later than 180 days after the date of
enactment of this section.
    ``(c) Certification.--Following the issuance of a Commission rule
under subsection (b)(2), any person may submit an application to the
Commission for certification as the Electric Reliability Organization
(ERO). The Commission may certify one such ERO if the Commission
determines that such ERO--
            ``(1) has the ability to develop and enforce, subject to
        subsection (e)(2), reliability standards that provide for an
        adequate level of reliability of the bulk-power system; and
            ``(2) has established rules that--
                    ``(A) assure its independence of the users and
                owners and operators of the bulk-power system, while
                assuring fair stakeholder representation in the
                selection of its directors and balanced decisionmaking
                in any ERO committee or subordinate organizational
                structure;
                    ``(B) allocate equitably reasonable dues, fees, and
                other charges among end users for all activities under
                this section;
                    ``(C) provide fair and impartial procedures for
                enforcement of reliability standards through the
                imposition of penalties in accordance with subsection
                (e) (including limitations on activities, functions, or
                operations, or other appropriate sanctions);
                    ``(D) provide for reasonable notice and opportunity
                for public comment, due process, openness, and balance
                of interests in developing reliability standards and
                otherwise exercising its duties; and
                    ``(E) provide for taking, after certification,
                appropriate steps to gain recognition in Canada and
                Mexico.
    ``(d) Reliability Standards.--(1) The Electric Reliability
Organization shall file each reliability standard or modification to a
reliability standard that it proposes to be made effective under this
section with the Commission.
    ``(2) The Commission may approve, by rule or order, a proposed
reliability standard or modification to a reliability standard if it
determines that the standard is just, reasonable, not unduly
discriminatory or preferential, and in the public interest. The
Commission shall give due weight to the technical expertise of the
Electric Reliability Organization with respect to the content of a
proposed standard or modification to a reliability standard and to the
technical expertise of a regional entity organized on an
Interconnection-wide basis with respect to a reliability standard to be
applicable within that Interconnection, but shall not defer with
respect to the effect of a standard on competition. A proposed standard
or modification shall take effect upon approval by the Commission.
    ``(3) The Electric Reliability Organization shall rebuttably
presume that a proposal from a regional entity organized on an
Interconnection-wide basis for a reliability standard or modification
to a reliability standard to be applicable on an Interconnection-wide
basis is just, reasonable, and not unduly discriminatory or
preferential, and in the public interest.
    ``(4) The Commission shall remand to the Electric Reliability
Organization for further consideration a proposed reliability standard
or a modification to a reliability standard that the Commission
disapproves in whole or in part.
    ``(5) The Commission, upon its own motion or upon complaint, may
order the Electric Reliability Organization to submit to the Commission
a proposed reliability standard or a modification to a reliability
standard that addresses a specific matter if the Commission considers
such a new or modified reliability standard appropriate to carry out
this section.
    ``(6) The final rule adopted under subsection (b)(2) shall include
fair processes for the identification and timely resolution of any
conflict between a reliability standard and any function, rule, order,
tariff, rate schedule, or agreement accepted, approved, or ordered by
the Commission applicable to a transmission organization. Such
transmission organization shall continue to comply with such function,
rule, order, tariff, rate schedule or agreement accepted approved, or
ordered by the Commission until--
            ``(A) the Commission finds a conflict exists between a
        reliability standard and any such provision;
            ``(B) the Commission orders a change to such provision
        pursuant to section 206 of this part; and
            ``(C) the ordered change becomes effective under this part.
If the Commission determines that a reliability standard needs to be
changed as a result of such a conflict, it shall order the ERO to
develop and file with the Commission a modified reliability standard
under paragraph (4) or (5) of this subsection.
    ``(e) Enforcement.--(1) The ERO may impose, subject to paragraph
(2), a penalty on a user or owner or operator of the bulk-power system
for a violation of a reliability standard approved by the Commission
under subsection (d) if the ERO, after notice and an opportunity for a
hearing--
            ``(A) finds that the user or owner or operator has violated
        a reliability standard approved by the Commission under
        subsection (d); and
            ``(B) files notice and the record of the proceeding with
        the Commission.
    ``(2) A penalty imposed under paragraph (1) may take effect not
earlier than the 31st day after the electric reliability organization
files with the Commission notice of the penalty and the record of
proceedings. Such penalty shall be subject to review by the Commission,
on its own motion or upon application by the user, owner or operator
that is the subject of the penalty filed within 30 days after the date
such notice is filed with the Commission. Application to the Commission
for review, or the initiation of review by the Commission on its own
motion, shall not operate as a stay of such penalty unless the
Commission otherwise orders upon its own motion or upon application by
the user, owner or operator that is the subject of such penalty. In any
proceeding to review a penalty imposed under paragraph (1), the
Commission, after notice and opportunity for hearing (which hearing may
consist solely of the record before the electric reliability
organization and opportunity for the presentation of supporting reasons
to affirm, modify, or set aside the penalty), shall by order affirm,
set aside, reinstate, or modify the penalty, and, if appropriate,
remand to the electric reliability organization for further
proceedings. The Commission shall implement expedited procedures for
such hearings.
    ``(3) On its own motion or upon complaint, the Commission may order
compliance with a reliability standard and may impose a penalty against
a user or owner or operator of the bulk-power system, if the Commission
finds, after notice and opportunity for a hearing, that the user or
owner or operator of the bulk-power system has engaged or is about to
engage in any acts or practices that constitute or will constitute a
violation of a reliability standard.
    ``(4) The Commission shall establish regulations authorizing the
ERO to enter into an agreement to delegate authority to a regional
entity for the purpose of proposing reliability standards to the ERO
and enforcing reliability standards under paragraph (1) if--
            ``(A) the regional entity is governed by--
                    ``(i) an independent board;
                    ``(ii) a balanced stakeholder board; or
                    ``(iii) a combination independent and balanced
                stakeholder board.
            ``(B) the regional entity otherwise satisfies the
        provisions of subsection (c)(1) and (2); and
            ``(C) the agreement promotes effective and efficient
        administration of bulk-power system reliability.
The Commission may modify such delegation. The ERO and the Commission
shall rebuttably presume that a proposal for delegation to a regional
entity organized on an Interconnection-wide basis promotes effective
and efficient administration of bulk-power system reliability and
should be approved. Such regulation may provide that the Commission may
assign the ERO's authority to enforce reliability standards under
paragraph (1) directly to a regional entity consistent with the
requirements of this paragraph.
    ``(5) The Commission may take such action as is necessary or
appropriate against the ERO or a regional entity to ensure compliance
with a reliability standard or any Commission order affecting the ERO
or a regional entity.
    ``(6) Any penalty imposed under this section shall bear a
reasonable relation to the seriousness of the violation and shall take
into consideration the efforts of such user, owner, or operator to
remedy the violation in a timely manner.
    ``(f) Changes in Electricity Reliability Organization Rules.--The
Electric Reliability Organization shall file with the Commission for
approval any proposed rule or proposed rule change, accompanied by an
explanation of its basis and purpose. The Commission, upon its own
motion or complaint, may propose a change to the rules of the Electric
Reliability Organization. A proposed rule or proposed rule change shall
take effect upon a finding by the Commission, after notice and
opportunity for comment, that the change is just, reasonable, not
unduly discriminatory or preferential, is in the public interest, and
satisfies the requirements of subsection (c).
    ``(g) Reliability Reports.--The Electric Reliability Organization
shall conduct periodic assessments of the reliability and adequacy of
the bulk-power system in North America.
    ``(h) Coordination With Canada and Mexico.--The President is urged
to negotiate international agreements with the governments of Canada
and Mexico to provide for effective compliance with reliability
standards and the effectiveness of the Electric Reliability
Organization in the United States and Canada or Mexico.
    ``(i) Savings Provisions.--(1) The Electric Reliability
Organization shall have authority to develop and enforce compliance
with reliability standards for only the bulk-power system.
    ``(2) This section does not authorize the Electric Reliability
Organization or the Commission to order the construction of additional
generation or transmission capacity or to set and enforce compliance
with standards for adequacy or safety of electric facilities or
services.
    ``(3) Nothing in this section shall be construed to preempt any
authority of any State to take action to ensure the safety, adequacy,
and reliability of electric service within that State, as long as such
action is not inconsistent with any reliability standard.
    ``(4) Within 90 days of the application of the Electric Reliability
Organization or other affected party, and after notice and opportunity
for comment, the Commission shall issue a final order determining
whether a State action is inconsistent with a reliability standard,
taking into consideration any recommendation of the Electric
Reliability Organization.
    ``(5) The Commission, after consultation with the Electric
Reliability Organization and the State taking action, may stay the
effectiveness of any State action, pending the Commission's issuance of
a final order.
    ``(j) Regional Advisory Bodies.--The Commission shall establish a
regional advisory body on the petition of at least two-thirds of the
States within a region that have more than one-half of their electric
load served within the region. A regional advisory body shall be
composed or of one member from each participating State in the region,
appointed by the Governor of each State, and may include
representatives of agencies, States, and provinces outside the United
States. A regional advisory body may provide advice to the Electric
Reliability Organization, a regional entity, or the Commission
regarding the governance of an existing or proposed regional entity
within the same region, whether a standard proposed to apply within the
region is just, reasonable, not unduly discriminatory or preferential,
and in the public interest, whether fees proposed to be assessed within
the region are just, reasonable, not unduly discriminatory or
preferential, and in the public interest and any other responsibilities
requested by the Commission. The Commission may give deference to the
advice of any such regional advisory body if that body is organized on
an Interconnection-wide basis.
    ``(k) Application to Alaska and Hawaii.--The provisions of this
section do not apply to Alaska or Hawaii.''.

Summary: Electric Reliability Improvement Act of 2003 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) jurisdiction over a FERC-certified Electric Reliability Organization (ERO), established under this Act to enforce, subject to FERC review, reliability standards for the bulk-power system. Includes within such jurisdiction regional entities and all users, owners, and operators of the bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide effective compliance with reliability standards and the effectiveness of the ERO in the United States, Canada, or Mexico. Restricts to the bulk-power system only the ERO authority to develop and enforce compliance with reliability standards. Declares that this Act does not authorize the ERO or FERC to order construction of additional generation or transmission capacity, or to set and enforce compliance with standards for adequacy or safety of electric facilities or services. Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. Authorizes such body to advise the ERO, a regional entity, or FERC. Declares this Act inapplicable to Alaska or Hawaii.

To improve the reliability of the Nation's electric transmission system.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Relief and Fulfilling Our
Obligation to Patriotic Soldiers Act of 2007''.

SEC. 2. EXCLUSION FROM GROSS INCOME OF ENLISTMENT AND REENLISTMENT
              BONUSES FOR MEMBERS OF THE ARMED FORCES.

    (a) In General.--Section 112 of the Internal Revenue Code of 1986
(relating to certain combat zone compensation of members of the Armed
Forces) is amended by redesignating subsections (c) and (d) as
subsections (d) and (e), respectively, and by inserting after
subsection (b) the following new subsection:
    ``(c) Qualified Bonus.--Gross income does not include a qualified
bonus.''.
    (b) Qualified Bonus Defined.--Subsection (d) of section 112 of such
Code (relating to definitions), as redesignated by subsection (a), is
amended by adding at the end the following new paragraph:
            ``(6) Qualified bonus.--
                    ``(A) In general.--The term `qualified bonus' means
                an enlistment, accession, reenlistment, retention,
                incentive, or other bonus paid by the Secretary
                concerned to a member of the Armed Forces of the United
                States in exchange for the agreement of the member to
                accept a commission as an officer, extend an active
                service commitment as an officer, enlist, reenlist, or
                extend an enlistment as an enlisted member in an active
                or reserve component, or enter into a reserve
                affiliation agreement.
                    ``(B) Other definitions.--For purposes of
                subparagraph (A), the terms `active service', `enlisted
                member', `officer', and `Secretary concerned' have the
                meanings given to such terms in section 101 of title
                10, United States Code.''.
    (c) Conforming Amendments.--
            (1) Section 2201 of such Code is amended by striking
        ``section 112(c)'' both places it appears and inserting
        ``section 112(d)''.
            (2) The heading for section 112 of such Code is amended by
        inserting ``and other'' before ``compensation''.
            (3) Section 3401(a)(1) of such Code is amended by inserting
        ``and other'' before ``compensation''.
            (4) The table of sections for part III of subchapter B of
        chapter 1 of such Code is amended by striking the item relating
        to section 112 and inserting the following new item:

``Sec. 112. Certain combat zone and other compensation of members of
                            the Armed Forces.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

SEC. 3. CONTINUATION OF CERTAIN BONUS PAYMENTS TO MEMBERS OF THE ARMED
              FORCES RETIRED OR SEPARATED DUE TO A COMBAT-RELATED
              INJURY.

    (a) Payment Required.--Chapter 17 of title 37, United States Code,
is amended by inserting after section 903 the following new section:
``Sec. 904. Continued payment of bonuses to members retired or
              separated due to combat-related injuries
    ``(a) Payment Required.--In the case of a member of the armed
forces who is retired or separated for disability under chapter 61 of
title 10, due to a combat-related injury, the Secretary of Defense
shall require the continued payment to the member of any bonus
described in subsection (b) that the member--
            ``(1) was entitled to immediately before the retirement or
        separation of the member; and
            ``(2) would continue to be entitled to if the member was
        not retired or separated.
    ``(b) Covered Bonuses.--The bonuses referred to in subsection (a)
are the following (numbers refer to the corresponding section in
chapter 5 of this title):
            ``(1) 301b. Special pay for aviation career officers
        extending period of active duty.
            ``(2) 301d. Multiyear retention bonus for medical officers
        of the armed forces.
            ``(3) 301e. Multiyear retention bonus for dental officers
        of the armed forces.
            ``(4) 302d. Accession bonus for registered nurses.
            ``(5) 302h. Accession bonus for dental officers.
            ``(6) 302j. Accession bonus for pharmacy officers.
            ``(7) 302k. Accession bonus for medical officers in
        critically short wartime specialties.
            ``(8) 302l. Accession bonus for dental specialist officers
        in critically short wartime specialties.
            ``(9) 308. Reenlistment bonus.
            ``(10) 308b. Reenlistment bonus for members of the Selected
        Reserve.
            ``(11) 308c. Bonus for affiliation or enlistment in the
        Selected Reserve.
            ``(12) 308g. Bonus for enlistment in elements of the Ready
        Reserve other than the Selected Reserve.
            ``(13) 308h. Bonus for reenlistment, or voluntary extension
        of enlistment in elements of the Ready Reserve other than the
        Selected Reserve.
            ``(14) 308i. Prior service enlistment bonus.
            ``(15) 308j. Affiliation bonus for officers in the Selected
        Reserve.
            ``(16) 309. Enlistment bonus.
            ``(17) 312. Special pay for nuclear-qualified officers
        extending period of active duty.
            ``(18) 312b. Nuclear career accession bonus.
            ``(19) 312c. Nuclear career annual incentive bonus.
            ``(20) 315. Engineering and scientific career continuation
        pay.
            ``(21) 316. Bonus for members with foreign language
        proficiency.
            ``(22) 317. Special pay for officers in critical
        acquisition positions extending period of active duty.
            ``(23) 318. Special pay for special warfare officers
        extending period of active duty.
            ``(24) 319. Surface warfare officer continuation pay.
            ``(25) 321. Judge advocate continuation pay.
            ``(26) 322. 15-year career status bonus for members
        entering service on or after August 1, 1986.
            ``(27) 323. Retention incentives for members qualified in
        critical military skills or assigned to high priority units.
            ``(28) 324. Accession bonus for new officers in critical
        skills.
            ``(29) 326. Incentive bonus for conversion to military
        occupational specialty to ease personnel shortage.
            ``(30) 327. Incentive bonus for transfer between armed
        forces.
            ``(31) 329. Incentive bonus for retired members and reserve
        component members volunteering for high-demand, low-density
        assignments.
            ``(32) 330. Accession bonus for officer candidates.
    ``(c) Time for Payment.--A bonus required to be paid to a member
under this section shall be paid to the member in a lump sum not later
than 30 days after the date of the retirement or separation of the
member, notwithstanding any terms to the contrary in the agreement
under which the bonus was originally authorized.
    ``(d) Combat-Related Injury Defined.--In this section, the term
`combat-related injury' means an injury--
            ``(1) for which the member was awarded the Purple Heart; or
            ``(2) that was incurred (as determined under criteria
        prescribed by the Secretary of Defense)--
                    ``(A) as a direct result of armed conflict;
                    ``(B) while engaged in hazardous service;
                    ``(C) in the performance of duty under conditions
                simulating war; or
                    ``(D) through an instrumentality of war.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 903 the following new item:

``904. Continued payment of bonuses to members retired or separated due
                            to combat-related injuries.''.

Summary: Tax Relief and Fulfilling Our Obligation to Patriotic Soldiers Act of 2007 - Amends the Internal Revenue Code to exclude from gross income payments made to members of the Armed Forces as enlistment and reenlistment bonuses. Requires the Secretary of Defense to continue the payment to members of the Armed Forces who are retired or separated for disability due to a combat-related injury of certain bonuses to which such members were entitled immediately before retirement or separation and to which such members would continue to be entitled if they were not retired or separated.

To amend the Internal Revenue Code of 1986 to exclude from gross income any enlistment, accession, reenlistment, retention, or incentive bonus paid to a member of the Armed Forces and to amend title 37, United States Code, to require the Secretary of Defense to continue to pay to a member of the Armed Forces who is retired or separated from the Armed Forces due to a combat-related injury certain bonuses that the member was entitled to before the retirement or separation and would continue to be entitled to if the member was not retired or separated.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Victims of State
Sponsored Terrorism Act''.

SEC. 2. TERRORISM EXCEPTION TO IMMUNITY.

    (a) In General.--Chapter 97 of title 28, United States Code, is
amended by inserting after section 1605 the following:
``Sec. 1605A. Terrorism exception to the jurisdictional immunity of a
              foreign state
    ``(a) In General.--
            ``(1) No immunity.--A foreign state shall not be immune
        from the jurisdiction of courts of the United States or of the
        States in any case not otherwise covered by this chapter in
        which money damages are sought against a foreign state for
        personal injury or death that was caused by an act of torture,
        extrajudicial killing, aircraft sabotage, hostage taking, or
        the provision of material support or resources (as defined in
        section 2339A of title 18) for such an act if such act or
        provision of material support is engaged in by an official,
        employee, or agent of such foreign state while acting within
        the scope of his or her office, employment, or agency.
            ``(2) Claim heard.--The court shall hear a claim under this
        section if--
                    ``(A) the foreign state was designated as a state
                sponsor of terrorism under section 6(j) of the Export
                Administration Act of 1979 (50 U.S.C. App. 2405(j)) or
                section 620A of the Foreign Assistance Act of 1961 (22
                U.S.C. 2371) at the time the act occurred, unless later
                designated as a result of such act;
                    ``(B) the claimant or the victim was--
                            ``(i) a national of the United States (as
                        that term is defined in section 101(a)(22) of
                        the Immigration and Nationality Act (8 U.S.C.
                        1101(a)(22));
                            ``(ii) a member of the Armed Forces of the
                        United States (as that term is defined in
                        section 976 of title 10); or
                            ``(iii) otherwise an employee of the
                        government of the United States or one of its
                        contractors acting within the scope of their
                        employment when the act upon which the claim is
                        based occurred; or
                    ``(C) where the act occurred in the foreign state
                against which the claim has been brought, the claimant
                has afforded the foreign state a reasonable opportunity
                to arbitrate the claim in accordance with the accepted
                international rules of arbitration.
    ``(b) Definition.--For purposes of this section--
            ``(1) the terms `torture' and `extrajudicial killing' have
        the meaning given those terms in section 3 of the Torture
        Victim Protection Act of 1991 (28 U.S.C. 1350 note);
            ``(2) the term `hostage taking' has the meaning given that
        term in Article 1 of the International Convention Against the
        Taking of Hostages; and
            ``(3) the term `aircraft sabotage' has the meaning given
        that term in Article 1 of the Convention for the Suppression of
        Unlawful Acts Against the Safety of Civil Aviation.
    ``(c) Time Limit.--An action may be brought under this section if
the action is commenced not later than the latter of--
            ``(1) 10 years after April 24, 1996; or
            ``(2) 10 years from the date on which the cause of action
        arose.
    ``(d) Private Right of Action.--A private cause of action may be
brought against a foreign state designated under section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. 2405(j)), and any
official, employee, or agent of said foreign state while acting within
the scope of his or her office, employment, or agency which shall be
liable to a national of the United States (as that term is defined in
section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)), a member of the Armed Forces of the United States (as
that term is defined in section 976 of title 10), or an employee of the
government of the United States or one of its contractors acting within
the scope of their employment or the legal representative of such a
person for personal injury or death caused by acts of that foreign
state or its official, employee, or agent for which the courts of the
United States may maintain jurisdiction under this section for money
damages which may include economic damages, solatium, pain, and
suffering, and punitive damages if the acts were among those described
in this section. A foreign state shall be vicariously liable for the
actions of its officials, employees, or agents.
    ``(e) Additional Damages.--After an action has been brought under
subsection (d), actions may also be brought for reasonably foreseeable
property loss, whether insured or uninsured, third party liability, and
life and property insurance policy loss claims.
    ``(f) Special Masters.--
            ``(1) In general.--The Courts of the United States may from
        time to time appoint special masters to hear damage claims
        brought under this section.
            ``(2) Transfer of funds.--The Attorney General shall
        transfer, from funds available for the program under sections
        1404C of the Victims Crime Act of 1984 (42 U.S.C. 10603c) to
        the Administrator of the United States District Court in which
        any case is pending which has been brought pursuant to section
        1605(a)(7) such funds as may be required to carry out the
        Orders of that United States District Court appointing Special
        Masters in any case under this section. Any amount paid in
        compensation to any such Special Master shall constitute an
        item of court costs.
    ``(g) Appeal.--In an action brought under this section, appeals
from orders not conclusively ending the litigation may only be taken
pursuant to section 1292(b) of this title.
    ``(h) Property Disposition.--
            ``(1) In general.--In every action filed in a United States
        district court in which jurisdiction is alleged under this
        section, the filing of a notice of pending action pursuant to
        this section, to which is attached a copy of the complaint
        filed in the action, shall have the effect of establishing a
        lien of lis pendens upon any real property or tangible personal
        property located within that judicial district that is titled
        in the name of any defendant, or titled in the name of any
        entity controlled by any such defendant if such notice contains
        a statement listing those controlled entities.
            ``(2) Notice.--A notice of pending action pursuant to this
        section shall be filed by the clerk of the district court in
        the same manner as any pending action and shall be indexed by
        listing as defendants all named defendants and all entities
        listed as controlled by any defendant.
            ``(3) Enforceability.--Liens established by reason of this
        subsection shall be enforceable as provided in chapter 111 of
        this title.''.
    (b) Amendment to Chapter Analysis.--The chapter analysis for
chapter 97 of title 28, United States Code, is amended by inserting
after the item for section 1605 the following:

``1605A. Terrorism exception to the jurisdictional immunity of a
                            foreign state.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) Property.--Section 1610 of title 28, United States Code, is
amended by adding at the end the following:
    ``(g) Property in Certain Actions.--
            ``(1) In general.--The property of a foreign state, or
        agency or instrumentality of a foreign state, against which a
        judgment is entered under this section, including property that
        is a separate juridical entity, is subject to execution upon
        that judgment as provided in this section, regardless of--
                    ``(A) the level of economic control over the
                property by the government of the foreign state;
                    ``(B) whether the profits of the property go to
                that government;
                    ``(C) the degree to which officials of that
                government manage the property or otherwise control its
                daily affairs;
                    ``(D) whether that government is the sole
                beneficiary in interest of the property; or
                    ``(E) whether establishing the property as a
                separate entity would entitle the foreign state to
                benefits in United States courts while avoiding its
                obligations.
            ``(2) United states sovereign immunity inapplicable.--Any
        property of a foreign state, or agency or instrumentality of a
        foreign state, to which paragraph (1) applies shall not be
        immune from execution upon a judgment entered under this
        section because the property is regulated by the United States
        Government by reason of action taken against that foreign state
        under the Trading With the Enemy Act or the International
        Emergency Economic Powers Act.''.
    (b) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking
``December 21, 1988, with respect to which an investigation or'' and
inserting ``October 23, 1983, with respect to which an investigation or
civil or criminal''.
    (c) General Exception.--Section 1605 of title 28, United States
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5)(B), by inserting ``or'' after
                the semicolon;
                    (B) in paragraph (6)(D), by striking ``; or'' and
                inserting a period; and
                    (C) by striking paragraph (7); and
            (2) by striking subsections (e) and (f).

SEC. 4. APPLICATION TO PENDING CASES.

    (a) In General.--The amendments made by this Act shall apply to any
claim arising under section 1605A or 1605(g) of title 28, United States
Code, as added by this Act.
    (b) Prior Actions.--Any judgment or action brought under section
1605(a)(7) of title 28, United States Code, or section 101(c) of Public
Law 104-208 after the effective date of such provisions relying on
either of these provisions as creating a cause of action, which has
been adversely affected on the grounds that either or both of these
provisions fail to create a cause of action opposable against the
state, and which is still before the courts in any form, including
appeal or motion under Federal Rule of Civil Procedure 60(b), shall, on
motion made to the Federal District Court where the judgment or action
was initially entered, be given effect as if it had originally been
filed pursuant to section 1605A(d) of title 28, United States Code. The
defenses of res judicata, collateral estoppel and limitation period are
waived in any re-filed action described in this paragraph and based on
the such claim. Any such motion or re-filing must be made not later
than 60 days after enactment of this Act.

Summary: Justice for Victims of State Sponsored Terrorism Act - Amends the federal judicial code to expand the rights of victims of state-sponsored terrorism by: (1) denying foreign states that support terrorism immunity from the jurisdiction of US courts for cases involving personal injury or death related to the terrorist activities of its officials, employees, or agents. (2) allowing certain nationals of the United States, members of the Armed Forces, and federal employees or contractors a private cause of action against a foreign state designated as a state sponsor of terrorism. (3) making foreign states vicariously liable for the actions of their officials, employees, or agents. (4) limiting appeals in cases against foreign states involving terrorist-related injuries. And (5) establishing a pending lien against property of a foreign state sponsor of terrorism upon the initiation of legal action in the United States against such state.

A bill to provide justice for victims of state-sponsored terrorism.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wild Sky Wilderness and Backcountry
Wilderness Management Area Act of 2004''.

SEC. 2. ADDITION OF WILD SKY WILDERNESS TO NATIONAL WILDERNESS
              PRESERVATION SYSTEM.

    (a) Designation.--Certain Federal lands in the State of Washington
comprising approximately 92,722 acres, as generally depicted on the map
entitled ``Wild Sky Wilderness and Backcountry Wilderness Management
Area Proposal'' and dated September 2004, are hereby designated as
wilderness and, therefore, as a component of the National Wilderness
Preservation System. The Federal lands designated as wilderness by this
subsection shall be known as the Wild Sky Wilderness.
    (b) Maps and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
file a map and a legal description for the Wild Sky Wilderness with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives. The map and
legal description shall have the same force and effect as if included
in this Act, except that the Secretary of Agriculture may correct
clerical and typographical errors in the legal description and map. The
map and legal description shall be on file and available for public
inspection in the office of the Chief of the Forest Service.
    (c) Administration.--Subject to valid existing rights, the
Secretary of Agriculture shall manage the Wild Sky Wilderness in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to the Wild Sky Wilderness, 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 enactment of this
Act. To fulfill the purposes of this Act and the Wilderness Act and to
achieve administrative efficiencies, the Secretary may manage the Wild
Sky Wilderness as a comprehensive part of the larger complex of
adjacent and nearby wilderness areas.
    (d) Maintenance and Use of Certain Structures.--
            (1) Repeater site.--Within the Wild Sky Wilderness, the
        Secretary of Agriculture is authorized to use helicopter access
        to construct and maintain a joint Forest Service and Snohomish
        County repeater site, in compliance with a Forest Service
        approved communications site plan, for the purposes of
        improving communication for safety, health, and emergency
        services.
            (2) Evergreen mountain lookout.--The designation of the
        Wild Sky Wilderness shall not preclude the operation and
        maintenance of the Evergreen Mountain Lookout, in the same
        manner and degree in which the operation and maintenance of the
        lookout was occurring as of the date of enactment of this Act.
    (e) Access.--
            (1) Private inholdings.--Consistent with section 5(a) of
        the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of
        Agriculture shall assure adequate access to private inholdings
        in the Wild Sky Wilderness.
            (2) Float plane access.--As provided by section 4(d)(1) of
        the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of
        floatplanes on Lake Isabel in the Wild Sky Wilderness, where
        such use was established before the date of enactment of this
        Act, shall be permitted to continue subject to such reasonable
        restrictions as the Secretary of Agriculture determines
        desirable.
    (f) Land Acquisition Authority.--
            (1) In general.--The Secretary of Agriculture may acquire
        lands and interests therein in the Wild Sky Wilderness by
        purchase, donation, or exchange. The Secretary shall give
        priority consideration to the acquisition of those lands
        identified as Priority Acquisition Lands on the map described
        in subsection (a).
            (2) Appraisal.--Valuation of private lands shall be
        determined without reference to any restrictions on access or
        use that arise out of designation of the Wild Sky Wilderness or
        inclusion of adjacent Federal lands in the Skykomish
        Backcountry Wilderness Management Area under section 3.
            (3) Boundary adjustment.--The boundaries of the Mt. Baker-
        Snoqualmie National Forests and the Wild Sky Wilderness shall
        be adjusted to reflect any land acquisitions or exchanges
        conducted under this subsection.

SEC. 3. DESIGNATION OF BACKCOUNTRY WILDERNESS MANAGEMENT AREA,
              SKYKOMISH RIVER VALLEY, WASHINGTON.

    (a) Designation.--Certain Federal lands in the State of Washington
comprising approximately 13,278 acres, as generally depicted on the map
referred to in section 2(a), are hereby designated as the Skykomish
Backcountry Wilderness Management Area for the purpose of conserving,
protecting, and enhancing for the benefit and enjoyment of present and
future generations the cultural, archaeological, natural, wilderness,
scientific, geological, historical, biological, wildlife, educational,
and scenic resources of the Federal lands included in the management
area.
    (b) Maps and Legal Descriptions.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Agriculture shall
file a map and a legal description for the management area with the
Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives. The map and
legal description shall have the same force and effect as if included
in this Act, except that the Secretary of Agriculture may correct
clerical and typographical errors in the legal description and map. The
map and legal description shall be on file and available for public
inspection in the office of the Chief of the Forest Service.
    (c) Administration.--The Secretary of Agriculture shall manage the
Federal lands included in the management area to preserve their natural
character and to protect and enhance water quality.
    (d) Management Plan.--Not later than three years after the date of
the enactment of this Act, the Secretary of Agriculture shall develop a
management plan for the management area. The Secretary shall prepare
the management plan in consultation with representatives of the State
of Washington, the political subdivisions of the State containing the
management area, and other interested persons.
    (e) Wildlife Management.--The designation of the management area
neither affects nor diminishes the jurisdiction of the State of
Washington with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, on Federal lands included
in the management area.
    (f) Withdrawal.--Subject to valid existing rights, the Federal
lands included in the management area are withdrawn from all forms of
entry, appropriation, and disposal under the public land laws,
location, entry, and patent under the mining laws, and operation of the
mineral leasing, mineral materials, and geothermal leasing laws.
    (g) Motorized and Mechanized Travel Authorized.--Motorized and
mechanized travel in the management area shall be restricted to
designated trails and routes specified in the management plan required
by subsection (d). Pending completion of the management plan, the
Secretary of Agriculture may designate the trails and routes in the
management area on which motorized and mechanized travel is authorized.
Other trails and routes may be used for motorized and mechanized travel
whenever the Secretary considers such use to be necessary for
administrative purposes or to respond to an emergency.
    (h) Prohibition on Commercial Timber Harvesting.--The Secretary of
Agriculture shall not permit the commercial harvest of timber in the
management area.
    (i) Land Acquisition Authority.--
            (1) In general.--The Secretary of Agriculture may acquire
        lands and interests therein in the management area by purchase,
        donation, or exchange. The Secretary shall give priority
        consideration to the acquisition of those lands identified as
        Priority Acquisition Lands on the map described in section
        2(a).
            (2) Appraisal.--Valuation of private lands shall be
        determined without reference to any restrictions on access or
        use that arise out of inclusion of adjacent Federal lands in
        the management area or designation of the Wild Sky Wilderness.
            (3) Boundary adjustment.--The boundaries of the Mt. Baker-
        Snoqualmie National Forests and the management area shall be
        adjusted to reflect any land acquisitions or exchanges
        conducted under this subsection.

SEC. 4. DEVELOPMENT AND IMPLEMENTATION OF TRAIL PLAN.

    (a) Trail Plan Required.--The Secretary of Agriculture shall
establish, in consultation with interested parties, a trail plan for
National Forest System lands described in this paragraph in order to
develop the following:
            (1) A system of hiking and equestrian trails in the Wild
        Sky Wilderness in a manner consistent with section 2 and the
        Wilderness Act (16 U.S.C. 1131 et seq.).
            (2) A system of hiking and equestrian trails in the
        Backcountry Wilderness Management Area in a manner consistent
        with section 3.
            (3) A system of trails adjacent to the Wild Sky Wilderness
        or the Backcountry Wilderness Management Area to provide access
        to such areas.
    (b) Implementation Report.--Within two years after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to
Congress a report on the implementation of the trail plan. The report
shall include the identification of those trails regarding which
development is a priority.

SEC. 5. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT,
              WASHINGTON.

    (a) Land Exchanges Required.--In accordance with this section, the
Secretary of Agriculture shall carry out a land exchange with the
Chelan County Public Utility District in the State of Washington to
exchange lands and interests in lands, as generally depicted on the map
entitled ``Chelan County Public Utility District Exchange'' and dated
May 22, 2002.
    (b) Acceptance of Lands.--If, within 90 days after the date of
enactment of this Act, the Chelan County Public Utility District offers
to the Secretary of Agriculture approximately 371.8 acres of lands held
by the Utility District in the Mt. Baker-Snoqualmie National Forests in
the State of Washington, the Secretary shall accept such lands if the
title is acceptable to the Secretary and there is no hazardous material
on such lands, which is objectionable to the Secretary.
    (c) Conveyance of Easement.--Upon acceptance of title by the
Secretary of Agriculture under subsection (b), the Secretary shall
convey to the Chelan County Public Utility District a permanent
easement, including helicopter access, consistent with such levels as
used as of the date of enactment of this Act, to maintain an existing
snowtel site on 1.82 acres of Federal land in the Wenatchee National
Forest in the State of Washington.
    (d) Reversion.--As a condition on the conveyance under subsection
(c), the Chelan County Public Utility District shall notify the
Secretary of Agriculture if the Utility District determines that there
is no longer a need to maintain a snowtel site on the lands subject to
the easement conveyed under subsection (c) to monitor the snow pack for
calculating expected runoff into the Lake Chelan hydroelectric project
and the hydroelectric projects in the Columbia River Basin. Upon
receipt of such notice, the easement shall be extinguished and all
rights conveyed under such subsection shall revert to the United
States.

Summary: Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004 - Designates specified Federal lands in the State of Washington as: (1) the Wild Sky Wilderness. And (2) the Skykomish Backcountry Wilderness Management Area . Directs the Secretary of Agriculture to manage the Wilderness in accordance with the Wilderness Act and this Act. Authorizes the Secretary to use helicopter access to construct and maintain a joint US Forest Service and Snohomish County repeater site, in compliance with a Forest Service-approved communications site plan, to improve communication for safety, health, and emergency services. Directs the Secretary to: (1) develop a management plan for the Area. (2) establish a trail plain for specified National Forest System lands to develop a system of hiking and equestrian trails in the Wilderness and the Area, and trails adjacent to the Wilderness or the Area. And (3) carry out a land exchange with the Chelan County Public Utility District in the State, subject to specified requirements.

To designate certain lower-elevation Federal lands in the Skykomish River valley of the State of Washington as wilderness, to designate a portion of such lands for management as a backcountry wilderness management area, and for other purposes.