entitled
        ``Joint Resolution making further continuing appropriations for
        the fiscal year 1986, and for other purposes'' (Public Law 99-
        190; 99 Stat. 1251) is repealed.
            (2) Exception.--The authority provided in the matter
        repealed by paragraph (1) of this subsection shall be preserved
        to the extent necessary to carry out obligations of the United
        States with respect to clean coal technology projects selected
        by the Secretary of Energy pursuant to the fifth general
        request for proposals issued by the Secretary under such
        section 101(d) (and pursuant to any such general request issued
        before the fifth general request).
    (c) Rescission.--Any unobligated funds previously appropriated for
the Clean Coal Technology program are rescinded.

                 TITLE IV--FOREIGN OPERATIONS PROGRAMS

SEC. 401. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Termination.--
            (1) Termination of authority to make new obligations.--(A)
        Effective 60 days after the date of the enactment of this Act,
        the Overseas Private Investment Corporation shall not issue any
        insurance, guaranties, or reinsurance, make any loan, or
        acquire any securities, under section 234 of the Foreign
        Assistance Act of 1961, enter into any agreements for any other
        activity authorized by such section 234, or enter into risk
        sharing arrangements authorized by section 234A of that Act.
            (B) Subparagraph (A) does not require the termination of
        any contract or other agreement entered into before such
        paragraph takes effect.
            (2) Termination of opic.--Effective 180 days after the date
        of the enactment of this Act, the Overseas Private Investment
        Corporation is abolished.
            (3) Transfer of operations to omb.--The Director of the
        Office of Management and Budget shall, effective 180 days after
        the date of the enactment of this Act, perform the functions of
        the Overseas Private Investment Corporation with respect to
        contracts and agreements described in paragraph (1)(B) until
        the expiration of such contracts and agreements, but shall not
        renew any such contract or agreement. The Director shall take
        the necessary steps to wind up the affairs of the Corporation.
            (4) Repeal of authorities.--Effective 180 days after the
        date of the enactment of this Act, title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and
following) is repealed, but shall continue to apply with respect to
functions performed by the Director of the Office of Management and
Budget under paragraph (3).
            (5) Appropriations.--Funds available to the Corporation
        shall, upon the effective date of the repeal made by paragraph
        (4), be transferred to the Director of the Office of Management
        and Budget for use in performing the functions of the
        Corporation under paragraph (3). Upon the expiration of the
        contracts and agreements with respect to which the Director is
        exercising such functions, any unexpended balances of the funds
        transferred under this subsection shall be deposited in the
        Treasury as miscellaneous receipts.
    (b) Savings Provisions.--
            (1) Prior determinations not affected.--The repeal made by
        subsection (a)(4) of the provisions of law set forth in such
        subsection shall not affect any order, determination,
        regulation, or contract that has been issued, made, or allowed
        to become effective under such provisions before the effective
        date of the repeal. All such orders, determinations,
        regulations, and contracts shall continue in effect until
        modified, superseded, terminated, set aside, or revoked in
        accordance with law by the President, the Director of the
        Office of Management and Budget, or other authorized official,
        a court of competent jurisdiction, or by operation of law.
            (2) Pending proceedings.--(A) The repeal made by subsection
        (a)(4) shall not affect any proceedings, including notices of
        proposed rulemaking, pending on the effective date of the
        repeal, before the Overseas Private Investment Corporation,
        except that no insurance, reinsurance, guarantee, or loan may
        be issued pursuant to any application pending on such effective
        date. Such proceedings, to the extent that they relate to
        functions performed by the Director of the Office of Management
        and Budget after such repeal, shall be continued. Orders shall
        be issued in such proceedings, appeals shall be taken
        therefrom, and payments shall be made pursuant to such orders,
        as if this Act had not been enacted; and orders issued in any
        such proceedings shall continue in effect until modified,
        terminated, superseded, or revoked by the Director, by a court
        of competent jurisdiction, or by operation of law. Nothing in
        this paragraph shall be deemed to prohibit the discontinuance
        or modification of any such proceeding under the same terms and
        conditions and to the same extent that such proceeding could
        have been discontinued or modified if this section had not been
        enacted.
            (B) The Director of the Office of Management and Budget is
        authorized to issue regulations providing for the orderly
        transfer of proceedings continued under subparagraph (A).
            (3) Actions.--Except as provided in paragraph (5)--
                    (A) the provisions of this Act shall not affect
                suits commenced before the effective date of the repeal
                made by subsection (a)(4); and
                    (B) in all such suits, proceedings shall be had,
                appeals taken, and judgments rendered in the same
                manner and effect as if this section had not been
                enacted.
            (4) Liabilities incurred.--No suit, action, or other
        proceeding commenced by or against any officer in the official
        capacity of such individual as an officer of the Overseas
        Private Investment Corporation, shall abate by reason of the
        enactment of this section. No cause of action by or against the
        Overseas Private Investment Corporation, or by or against any
        officer thereof in the official capacity of such officer shall
        abate by reason of the enactment of this section.
            (5) Parties.--If, before the effective date of the repeal
        made by subsection (a)(4), the Overseas Private Investment
        Corporation or an officer thereof in the official capacity of
        such officer, is a party to a suit, then such suit shall be
        continued with the Director of the Office of Management and
        Budget substituted or added as a party.
            (6) Review.--Orders and actions of the Director of the
        Office of Management and Budget in the exercise of functions of
        the Overseas Private Investment Corporation shall be subject to
        judicial review to the same extent and in the same manner as if
        such orders and actions had been issued or taken by the
        Overseas Private Investment Corporation. Any statutory
        requirements relating to notice, hearings, action upon the
        record, or administrative review that apply to any function of
        the Overseas Private Investment Corporation shall apply to the
        exercise of such function by the Director of the Office of
        Management and Budget.
    (c) Technical and Conforming Amendments.--
            (1) Title 5, united states code.--(A) Section 5314 of title
        5, United States Code, is amended by striking
            ``President, Overseas Private Investment Corporation.''.
            (B) Section 5315 of title 5, United States Code, is amended
        by striking
            ``Executive Vice President, Overseas Private Investment
        Corporation.''.
            (C) Section 5316 of title 5, United States Code, is amended
        by striking
            ``Vice Presidents, Overseas Private Investment Corporation
        (3).''.
            (2) Other amendments and repeals.--(A) Section 222(a) of
        the Foreign Assistance Act of 1961 is amended by inserting
        after ``section 238(c)'' the following: ``as in effect on the
        day before the effective date of the repeal of that section
        made by section 401(a)(4) of the Omnibus Corporate Welfare
        Reduction Act of 1997''.
            (B) Section 2301(b)(9) of the Export Enhancement Act of
        1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the
        Overseas Private Investment Corporation,''.
            (C) Section 2312(d)(1) of the Export Enhancement Act of
        1988 (15 U.S.C. 4727(d)(1)) is amended--
                    (i) by striking subparagraph (K); and
                    (ii) by redesignating subparagraphs (L) and (M) as
                subparagraphs (K) and (L), respectively.
            (D) Section 5402(b) of the Omnibus Trade and
        Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended--
                    (i) in paragraph (12) by adding ``and'' after the
                semicolon;
                    (ii) by striking paragraph (13); and
                    (iii) by redesignating paragraph (14) as paragraph
                (13).
            (E) Section 624 of the Higher Education Act of 1965 (20
        U.S.C. 1131c) is amended by striking ``the Overseas Private
        Investment Corporation,''.
            (F) Section 481(e)(4)(A) of the Foreign Assistance Act of
        1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking
        ``(including programs under title IV of chapter 2, relating to
        the Overseas Private Investment Corporation)''.
            (G)(i) Section 574 of the Foreign Operations, Export
        Financing, and Related Programs Appropriations Act, 1996 (22
        U.S.C. 2394 note) is amended--
                    (I) by amending subsection (b) to read as follows:
    ``(b) Countries.--The countries referred to in subsection (a) are
countries for which in excess of $5,000,000 has been obligated during
the previous fiscal year for assistance under sections 103 through 106,
chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign
Assistance Act of 1961, and under the Support for East European
Democracy Act of 1989.''; and
                    (II) in the first sentence of subsection (c) by
                striking ``the Administrator'' and all that follows
                through ``Corporation'' and inserting ``and the
                Administrator of the Agency for International
                Development''.
            (ii) The amendment made by clause (i) shall first apply to
        the annual report required to be submitted under section 574(a)
        of the Foreign Operations, Export Financing, and Related
        Programs Appropriations Act, 1996 in the fiscal year following
        the fiscal year in which no funds have been obligated by the
        Overseas Private Investment Corporation by virtue of this
        section.
            (H) Section 2(c)(12) of the Support for East European
        Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is
        repealed.
            (I) Section 202(b)(2)(B) of the Cuban Liberty and
        Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
        6062(b)(2)(B)) is amended--
                    (i) by striking clause (iv); and
                    (ii) by redesignating clauses (v), (vi), and (vii)
                as clauses (iv), (v), and (vi), respectively.
            (J) Section 9101(3) of title 31, United States Code, is
        amended--
                    (i) by striking subparagraph (H); and
                    (ii) by redesignating subparagraphs (I) through (P)
                as subparagraphs (G) through (O), respectively.
            (K) The following provisions of law are repealed:
                    (i) Section 5(b)(2) of the Overseas Private
                Investment Corporation Amendments Act of 1981 (22
                U.S.C. 2194a).
                    (ii) Section 5 of the Taiwan Relations Act (22
                U.S.C. 3304).
                    (iii) Subsections (b), (c), and (d) of section 576
                of the Foreign Operations, Export Financing, and
                Related Programs Appropriations Act, 1991.
                    (iv) Subsections (b), (c), and (d) of section 597
                of the Foreign Operations, Export Financing, and
                Related Programs Appropriations Act, 1990.
                    (v) Sections 109 and 111 of the Overseas Private
                Investment Corporation Amendments Act of 1988, as
                enacted by reference in section 555 of Public Law 100-
                461.
            (3) Effective date.--The amendments and repeals made by
        this subsection shall take effect 180 days after the date of
        the enactment of this Act.

SEC. 402. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT
              PARTICIPATE IN THE LATEST ROUND OF THE IMF GENERAL
              AGREEMENTS TO BORROW.

    (a) Findings.--The Congress finds that--
            (1) the International Monetary Fund (IMF) operates outside
        of public scrutiny, releasing almost no information to the
        public, thereby avoiding adequate accountability for its
        programs;
            (2) to ensure that it gets repaid, the IMF frequently
        imposes ``conditionality'' on its loans--policy changes that
        borrowing countries must undertake to receive a loan;
            (3) frequently, the IMF has forced developing nations to
        enact unsound economic policies, which have led to tax
        increases on the poor, draconian currency devaluations, and
        resource exploitation;
            (4) the IMF will do considerable harm to developing
        countries by continuing to make loans to their governments;
            (5) bailing out these governments only encourages them to
        continue policies detrimental to their citizens, such as
        destroying scarce natural resources, maintaining bloated
        bureaucracies, operating money-losing state-sponsored
        industries, and spending too much on their militaries; and
            (6) new IMF funding to developing countries frequently ends
        up substituting IMF debt for reschedulable commercial bank
        debt.
    (b) Sense of the Congress.--It is the sense of the Congress that
the United States should not participate in the latest round of the
General Agreements to Borrow, commonly referred to as the ``New
Arrangements to Borrow''.

SEC. 403. SENSE OF THE CONGRESS THAT THE UNITED STATES SHOULD NOT
              PROVIDE ADDITIONAL RESOURCES TO THE IMF ENHANCED
              STRUCTURAL ADJUSTMENT FACILITY.

    (a) Findings.--The Congress finds that--
            (1) the Enhanced Structural Adjustment Facility (ESAF) of
        the International Monetary Fund makes low interest loans to the
        poorest developing countries that cannot pay their bills;
            (2) countries that borrow from the ESAF must be prepared to
        adopt multi-year economic and structural ``reform'' programs,
        which have frequently done the countries more harm than good;
        and
            (3) despite 10 years of ESAF lending, poverty continues to
        increase in many countries that are eligible for loans from the
        ESAF.
    (b) Sense of the Congress.--It is the sense of the Congress that
the United States should not provide additional resources to the
Enhanced Structural Adjustment Facility.

                    TITLE V--TRANSPORTATION PROGRAMS

SEC. 501. SENSE OF CONGRESS CONCERNING HIGHWAY DEMONSTRATION PROJECTS.

    (a) Finding.--Congress finds that--
            (1) the Intermodal Surface Transportation Efficiency Act of
        1991 (ISTEA) included a five-fold increase in demonstration
        projects compared to the Surface Transportation and Uniform
        Relocation Assistance Act of 1987;
            (2) highway demonstration projects provide limited economic
        benefits; and
            (3) highway demonstration projects frequently are not
        consistent with key transportation priorities, do not appear on
        State or regional transportation plans, and draw funds away
        from other major Federal-aid highway programs.
    (b) Sense of Congress.--It is therefore the sense of Congress that
highway demonstration projects should not be required by Federal law.

SEC. 502. ELIMINATION OF APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM
              PROGRAM.

    (a) Repeal.--Section 201 of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App. 201) is repealed.
    (b) Conforming Amendments.--Section 401 of such Act (40 U.S.C. App.
401) is amended--
            (1) by striking ``in section 201 for the Appalachian
        Development Highway System and Local Access Roads, and''; and
            (2) by striking ``and in section 201(g) for the Appalachian
        development highway system and local access roads,''.

Summary: TABLE OF CONTENTS: Title I: Agriculture Programs Title II: Energy and Water Programs Title III: Interior Programs Title IV: Foreign Operations Programs Title V: Transportation Programs Omnibus Corporate Welfare Reduction Act of 1997 - Title I: Agriculture Programs - Repeals the Rural Electrification Act of 1936 (REA), provisions of the Disaster Relief Act of 1970 relating to adjusting the repayment schedules on REA loans, and provisions of Federal law regarding: (1) congressional policy concerning making funds available to rural electric and telephone systems, (2) congressional policy with respect to rural telephone system financing. (3) loan programs under the Rural Electrification and Telephone Revolving Fund. And (4) rural advanced telecommunications. Rescinds related unobligated balances. Repeals provisions of the Agricultural Trade Act of 1978 regarding an agricultural commodity export promotion program. Title II: Energy and Water Programs - Prohibits obligating or spending funds for the Animas-La Plata Project, Colorado and New Mexico, except regarding alternatives that would satisfy the water rights interests of the Ute Mountain Ute Indian Tribe and the Southern Ute Indian Tribe. Declares that the Congress is concerned about the pyroprocessing program and should not proceed with a liquid metal reactor program. Amends provisions of the Energy Policy Act of 1992 relating to advanced nuclear reactors to remove references to liquid metal reactors. Title III: Interior Programs - Prohibits the Department of Energy from conducting any fossil energy research and development, except as required by contracts entered into before enactment of this Act and as necessary to terminate ongoing activities. Authorizes appropriations. Amends Federal law commonly known as the National Forest Roads and Trails Act to modify requirements regarding the construction of forest development roads. Declares that it is the sense of the Congress that the full cost of forest road design, construction, and maintenance should be recovered through user fees. Prohibits fund obligation for the Clean Coal Technology program. Repeals, subject to exception, related appropriations from an appropriations Act for FY 1986 and rescinds any related unobligated funds. Title IV: Foreign Operations Programs - Abolishes the Overseas Private Investment Corporation (OPIC) and repeals related provisions. Requires that the Office of Management and Budget perform OPIC functions on certain existing contracts until their expiration. Prohibits contract renewal. Deposits unexpended balances in the Treasury as miscellaneous receipts. Sets forth findings regarding the International Monetary Fund and its Enhanced Structural Adjustment Facility (ESAF). Declares that it is the sense of the Congress that the United States should not participate in the latest round of General Agreements to Borrow or provide additional resources to the ESAF. Title V: Transportation Programs - Expresses the sense of the Congress that highway demonstration projects should not be required by Federal law. Repeals provisions of the Appalachian Regional Development Act of 1965 authorizing the Appalachian development highway system.


SECTION 1. PURPOSE.

    The purpose of this Act is--
            (1) to encourage the best and brightest candidates to teach
        in public elementary and secondary schools serving
        disadvantaged populations; and
            (2) to encourage high achieving candidates to enter the
        teaching profession who would otherwise not consider a career
        in teaching.

SEC. 2. GRANTS AUTHORIZED.

    (a) In General.--The Secretary is authorized to award grants to at
least 50 local educational agencies for a fiscal year to enable the
local educational agencies to award bonuses to highly qualified
individuals who agree to teach in elementary schools or secondary
schools that are served by the local educational agency and located in
high poverty areas, for a period of not less than 4 years.
    (b) Local Educational Agency Eligibility.--A local educational
agency shall be eligible for a grant under this Act if--
            (1) not less than 20 percent of children in the schools
        served by the local educational agency are eligible to be
        counted under section 1124(c) of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6333(c)); or
            (2) the local educational agency is eligible to be counted
        under section 10952 of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 8272).
    (c) Requirement.--The Secretary shall award a grant under
subsection (a) to at least 1 eligible local educational agency in each
State.
    (d) Amount.--Grants under this section shall be awarded based on
the number of students enrolled in schools under the jurisdiction of
the local educational agency involved. With respect to a local
educational agency with an enrollment of--
            (1) 1,500 or fewer students, the amount of a grant shall be
        $22,500;
            (2) at least 1,501 but less than 5,001 students, the amount
        of a grant shall be $112,500;
            (3) at least 5,001 but less than 15,001 students, the
        amount of a grant shall be $150,000; and
            (4) at least 15,001 students, the amount of a grant shall
        be $300,000.
    (e) Bonuses Not Taxed.--For purposes of the Internal Revenue Code
of 1986, a bonus awarded under this Act shall not be includable in the
gross income of the individual awarded the bonus.
    (f) Collaboration.--The Secretary shall collaborate with local
educational agencies, local boards of education, and local offices of
student financial assistance in carrying out the program assisted under
this section.
    (g) Definition.--The definitions in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801) shall apply to
this Act.

SEC. 3. LOCAL REQUIREMENTS.

    (a) Local Uses.--Each local educational agency receiving a grant
under this Act shall use the funds made available under this Act to--
            (1) award bonuses to highly qualified individuals who agree
        to teach in elementary schools or secondary schools in which at
        least 40 percent of the children are eligible to be counted
        under section 1124(c) of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 6333(c));
            (2) award the bonuses in accordance with subsection (b) on
        a competitive basis taking into consideration--
                    (A) objective measures such as test scores, grade
                point average or class rank, and such other criteria as
                the local educational agency may determine appropriate;
                and
                    (B) recommendations received under subsection (c);
                and
            (3) award the bonuses in the amount of $15,000 with $7,500
        paid after the first year of such teaching and $7,500 paid
        after the second year of such teaching.
    (b) Bonuses.--With respect to bonuses under subsection (a)(2), the
local educational agency shall, with respect to a local educational
agency with an enrollment of--
            (1) 1,500 or fewer students, award bonuses to not more than
        3 highly qualified individuals in the fiscal year involved;
            (2) at least 1,501 but less than 5,001 students, award
        bonuses to not more than 15 highly qualified individuals;
            (3) at least 5,001 but less than 15,001 students, award
        bonuses to not more than 20 highly qualified individuals; and
            (4) at least 15,001 students, award bonuses to not more
        than 40 highly qualified individuals.
    (c) Prohibition.--Each local educational agency receiving a grant
under this Act shall not use the grant funds to offset the salary of a
teacher awarded a bonus under this Act.
    (d) Recommendations.--Each local educational agency receiving a
grant under this Act shall establish a system for receiving a limited
number of recommendations from institutions of higher education for
individuals to receive bonus awards under this Act.

SEC. 4. ELIGIBILITY.

    To be eligible to receive a bonus award under this Act an
individual--
            (1) shall enter into an agreement with the local
        educational agency to work in a school described in section
        3(a)(1) for not less than 4 years or repay the bonus in
        accordance with section 6;
            (2) shall pass all State certification examinations
        required to teach in an elementary school or secondary school
        in the State;
            (3) shall have graduated with a 3.5 grade point average
        from an institution of higher education, or have graduated in
        the top 15 percent of the individual's graduating class at an
        institution of higher education, with a bachelor's degree;
            (4) shall submit an application to the local educational
        agency in accordance with section 5(a).

SEC. 5. APPLICATIONS; NOTIFICATION.

    (a) Application.--Each individual desiring a bonus award under this
Act shall submit an application to a local educational agency not later
than January 15 of each year containing such information as the local
educational agency may require.
    (b) Notification.--A local educational agency shall notify
individuals of their bonus awards by May 1 of each year.

SEC. 6. REPAYMENT.

    Each individual who receives a bonus award under this Act and does
not comply with the terms of the agreement described in section 4(1)
within 6 years of receiving the first bonus award payment under this
Act, without an excuse that is acceptable to the local educational
agency, shall repay to the local educational agency the amount of the
bonus awards received plus interest. Repayment shall begin not later
than 2 years after the local educational agency determines the
individual is in noncompliance with the agreement.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this Act
$15,000,000 for each of the fiscal years 2000 through 2004.

Summary: Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) to award nontaxable bonuses to highly qualified individuals who agree to teach in elementary schools or secondary schools that are served by the LEA and located in high poverty areas. Requires such grants to be made to at least 50 LEAs per fiscal year, and to at least one eligible LEA in each State, for a period of not less than four years. Sets forth requirements relating to: (1) LEA, school, and individual eligibility, (2) grant and bonus amounts. (3) a competitive award process based on objective measures and recommendations from higher education institutions, and (4) service obligations or award repayment. Authorizes appropriations.

A bill to provide for a teacher quality enhancement and incentive program.


.

    (a) Amendment to Title 31.--Chapter 13 of title 31, United States
Code, is amended by inserting after section 1310 the following new
section:

``SEC. 1311. CONTINUING APPROPRIATIONS.

    ``(a)(1) If any regular appropriation bill for a fiscal year does
not become law prior to the beginning of such fiscal year or a joint
resolution making continuing appropriations is not in effect, there is
appropriated, out of any moneys in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, such sums as may be necessary to continue any
project or activity for which funds were provided in the preceding
fiscal year--
                    ``(A) in the corresponding regular appropriation
                Act for such preceding fiscal year; or
                    ``(B) if the corresponding regular appropriation
                bill for such preceding fiscal year did not become law,
                then in a joint resolution making continuing
                appropriations for such preceding fiscal year.
            ``(2) Appropriations and funds made available, and
        authority granted, for a project or activity for any fiscal
        year pursuant to this section shall be at a rate of operations
        not in excess of the rate of operations provided for in the
        regular appropriation Act providing for such project or
        activity for the preceding fiscal year, or in the absence of
        such an Act, the rate of operations provided for such project
        or activity pursuant to a joint resolution making continuing
        appropriations for such preceding fiscal year.
            ``(3) Appropriations and funds made available, and
        authority granted, for any fiscal year pursuant to this section
        for a project or activity shall be available for the period
        beginning with the first day of a lapse in appropriations and
        ending with the earlier of--
                    ``(A) the date on which the applicable regular
                appropriation bill for such fiscal year becomes law
                (whether or not such law provides for such project or
                activity) or a continuing resolution making
                appropriations becomes law, as the case may be, or
                    ``(B) the last day of such fiscal year.
    ``(b) An appropriation or funds made available, or authority
granted, for a project or activity for any fiscal year pursuant to this
section shall be subject to the terms and conditions imposed with
respect to the appropriation made or funds made available for the
preceding fiscal year, or authority granted for such project or
activity under current law.
    ``(c) Appropriations and funds made available, and authority
granted, for any project or activity for any fiscal year pursuant to
this section shall cover all obligations or expenditures incurred for
such project or activity during the portion of such fiscal year for
which this section applies to such project or activity.
    ``(d) Expenditures made for a project or activity for any fiscal
year pursuant to this section shall be charged to the applicable
appropriation, fund, or authorization whenever a regular appropriation
bill or a joint resolution making continuing appropriations until the
end of a fiscal year providing for such project or activity for such
period becomes law.
    ``(e) This section shall not apply to a project or activity during
a fiscal year if any other provision of law (other than an
authorization of appropriations)--
            ``(1) makes an appropriation, makes funds available, or
        grants authority for such project or activity to continue for
        such period, or
            ``(2) specifically provides that no appropriation shall be
        made, no funds shall be made available, or no authority shall
        be granted for such project or activity to continue for such
        period; or
    ``(f) For purposes of this section, the term `regular appropriation
bill' means any annual appropriation bill making appropriations,
otherwise making funds available, or granting authority, for any of the
following categories of projects and activities:
            ``(1) Agriculture, rural development, and related agencies
        programs.
            ``(2) The Departments of Commerce, Justice, and State, the
        judiciary, and related agencies.
            ``(3) The Department of Defense.
            ``(4) The government of the District of Columbia and other
        activities chargeable in whole or in part against the revenues
        of the District.
            ``(5) The Departments of Labor, Health and Human Services,
        and Education, and related agencies.
            ``(6) The Department of Housing and Urban Development, and
        sundry independent agencies, boards, commissions, corporations,
        and offices.
            ``(7) Energy and water development.
            ``(8) Foreign assistance and related programs.
            ``(9) The Department of the Interior and related agencies.
            ``(10) Military construction.
            ``(11) The Department of Transportation and related
        agencies.
            ``(12) The Treasury Department, the U.S. Postal Service,
        the Executive Office of the President, and certain independent
        agencies.
            ``(13) The legislative branch.''.
    (b) Conforming Amendment.--Section 202(e)(3) of the Congressional
Budget Act of 1974 is amended by inserting ``and on or before September
30'' before ``of each year''.
    (c) Chapter Analysis.--The analysis of chapter 13 of title 31,
United States Code, is amended by inserting after the item relating to
section 1310 the following new item:

``1311. Continuing appropriations.''.
    (d) Effect of Amendments.--Nothing in the amendments made by this
subsection shall be construed to affect Government obligations mandated
by other law, including obligations with respect to Social Security,
Medicare, and Medicaid.

Summary: End Federal Shutdowns Act of 2018 This bill provides specified continuing appropriations to prevent a government shutdown if any regular appropriations bill for a fiscal year has not been enacted or a joint resolution making continuing appropriations is not in effect after the fiscal year begins. The appropriations are provided to continue to fund projects and activities for which funds were provided in the preceding fiscal year.

End Federal Shutdowns Act of 2018


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Efficiency Act''.

SEC. 2. NATIONAL INTERMODAL TRANSPORTATION PLANNING TASK FORCE.

    (a) Establishment of Task Force.--The President shall create a
National Intermodal Transportation Planning Task Force (referred to in
this Act as ``Task Force'') with the Secretary of Transportation, or
designee, acting as chairperson and compromised of representatives of
the Departments of Commerce, Energy, Labor, and Housing and Urban
Development, the Environmental Protection Agency and other government
agencies the President considers necessary to conduct the study and
complete the Plan required by this Act.
    (b) Duties of Task Force.--The Task Force shall--
            (1) conduct a study on transportation needs, a draft of
        which shall be completed not later than 12 months after the
        date of enactment of this Act and the final study shall be
        completed not later than 15 months after the date of enactment
        of this Act;
            (2) sponsor a conference on National Transportation
        Planning not later than 6 months after the completion of the
        draft study;
            (3) make recommendations to the President for possible
        invitees to the conference on National Transportation Planning
        described in section 3;
            (4) use the study and the input of attendees of the
        conference under section 3 to draft a National Intermodal
        Transportation Plan (referred to in this Act as ``Plan'') not
        later than 24 months after the date of enactment of this Act
        and publish it in the Federal Register and place it on the
        Department's Web site for public comment; and
            (5) transmit to Congress, and place on the Department of
        Transportation's Web site, a National Intermodal Transportation
        Plan not later than 24 months after the date of enactment of
        this Act.

SEC. 3. NATIONAL TRANSPORTATION STUDY.

    In developing the study established pursuant to section 1, the Task
Force shall consider all aspects and all modes of transportation,
public, private, and commercial, including air, rail (passenger and
freight), road, port, waterway, bicycle, and pedestrian. The study
shall project for the next 30 years and examine and identify for such
period of time the following:
            (1) National transportation priorities.
            (2) The anticipated demand, steps currently being taken to
        address anticipated demand, how successful these steps are
        anticipated to be, the most advantageous allocation of
        shipments of goods and travel among the various capacities of
        various modes, connectivity of those modes, and comparative
        costs. Comparative costs shall take into account past public
        investments in currently existing infrastructure for each
        transportation mode.
            (3) Deficiencies in the current and currently planned
        transportation systems to meet current and anticipated demand
        and the appropriate level of redundancies.
            (4) How intermodal transportation planning may help address
        anticipated transportation demand, social impacts of
        transportation, and the impact of the transportation sector on
        the environment, particularly global warming.
            (5) What obstacles exist to enhance and improve intermodal
        transportation planning to meet national priorities so that the
        national Plan provides suggestions on policy and legislative
        recommendations to such obstacles.
            (6) Transportation   purposes, systems operational
        requirements and capacities, comparative long-term costs, and
        revenue sources.
            (7) How different agencies and levels of government may be
        better incorporated and coordinated to improve transportation
        planning.
            (8) Obstacles to potential benefits from, and current
        efforts in mega-region planning at the national and regional
        level.

SEC. 4. NATIONAL TRANSPORTATION PLANNING CONFERENCE.

    (a) In General.--The Task Force shall convene a National
Transportation Priorities Conference (referred to in this Act as the
``Conference'') not later than 6 months after the completion of the
draft National Transportation Study.
    (b) Conference Mission.--The mission of the Conference shall be--
            (1) to review the draft of the study conducted pursuant to
        section 2 and comment on the draft's findings;
            (2) to discuss ways to improve transportation planning;
            (3) to suggest short-term and long-term goals to be
        incorporated into the Plan;
            (4) to examine and evaluate how environmental priorities
        and economic planning are integrated into transportation
        planning;
            (5) to identify obstacles to meeting those goals and
        suggestion measures to reduce or eliminate those obstacles; and
            (6) to perform other tasks that the Task Force considers
        helpful to complete the Study and the Plan.
    (c) Conference Representatives.--The Conference shall be comprised
of representatives appointed by the President of the following:
            (1) State Departments of Transportation.
            (2) State legislatures.
            (3) Municipal leaders.
            (4) Metropolitan planning organizations.
            (5) Transportation nonprofit and advocacy groups.
            (6) Bike and pedestrian and other transportation safety
        organizations.
            (7) Transportation trade associations.
            (8) Small and large transportation companies.
            (9) Environmental organizations.
            (10) Labor unions.
            (11) Academia.
            (12) And other groups the Task Force considers helpful in
        achieving the conference's mission.

SEC. 5. NATIONAL INTERMODAL TRANSPORTATION PLAN.

    (a) In General.--The Plan developed under this Act shall include
all aspects and all modes of transportation, both public and private,
including rail, aviation, waterways, roads, ports, bicycle, and
pedestrian and shall include the following:
            (1) Summary of the findings of the study.
            (2) Short-term and long-term goals.
            (3) A description of how each short-term goal will lead to,
        or at least not preclude, achieving long-term goals.
            (4) Incremental steps and performance measures to achieve
        such goals.
            (5) What public and private resources will be required to
        implement the Plan.
            (6) Any recommended legislative changes that are necessary
        to meet national priorities and the short-term and long-term
        goals, including better intermodal transportation and mega-
        region planning.
            (7) An exploration of potential alternatives to what is
        proposed in the Plan.
    (b) Long-Term Goals.--The long-term goals in the Plan shall take
into account the following:
            (1) Accessibility, including how best to reasonably ensure
        that the various parts of the country have access to the
        national transportation system (road, rail routes, air routes,
        and water routes), including how and when public subsidies or
        regulation may be needed.
            (2) Mobility, including the ease and expense of getting
        people and goods to their desired destination in order to meet
        economics and societal needs.
            (3) National security, including addressing moving people
        and goods by alternative routes and modes in the face of either
        a natural or man-made disaster or intentional act.
            (4) Economic prosperity, including addressing how a vibrant
        economy requires timely and cost-effective movement of goods
        and services and how various national transportation policies
        can positively and negatively effect local and regional
        economies.
            (5) Social equity, including addressing the fact that
        transportation decisions have different costs and benefits on
        differing segments of our society and how goals may be
        established to help minimize those differences and ensure that
        vulnerable segments of society do not pay a disproportionate
        percentage of the cost.
            (6) Evaluate the environmental protection, including
        addressing the fact that transportation issues will have
        varying impacts on the environment from its contribution to
        green house gasses and other emissions to short-term economic
        costs that may lead to a decision that is counter to a long-
        term environmental benefit.
            (7) Energy consumption, including addressing how to
        minimize overall transportation sector energy needs and
        utilizing cost-benefit analysis based upon full-cost
        accounting.

SEC. 6. FUNDING AUTHORIZATION.

    There are authorized to be appropriated such sums as may be
necessary to carry out this Act.

Summary: Transportation Efficiency Act - Directs the President to create a National Intermodal Transportation Planning Task Force to: (1) study the nation's transportation needs and priorities for the next 30 years, (2) convene a conference on National Transportation Planning. And (3) draft a National Intermodal Transportation plan that includes short- and long-term goals for meeting those priorities and improving intermodal transportation planning for all modes of the national transportation system.

To require the Secretary of the Department of Transportation to conduct a study and develop a national intermodal transportation plan, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Conservation Corps
Authorization Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Corps.--The term ``corps'' means the veterans
        conservation corps established under section 3(a).
            (2) Eligible veteran.--The term ``eligible veteran'' means
        a veteran (as the term is defined in section 101 of title 38,
        United States Code) that, as of the date on which the
        application for the corps is submitted--
                    (A) is unemployed;
                    (B) is not enrolled in any other Federal training
                program; and
                    (C) meets any other criteria that the Secretary
                determines to be appropriate.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 3. VETERANS CONSERVATION CORPS.

    (a) Establishment.--The Secretary, in cooperation with the
Secretary of Veterans Affairs and the Secretary of Commerce, shall
establish a veterans conservation corps--
            (1) to provide training and employment to eligible
        veterans;
            (2) to assist eligible veterans in the transition from
        service in the Armed Forces to civilian life; and
            (3) to assist the Federal Government in maintaining Federal
        land and water.
    (b) Employment of Eligible Veterans.--
            (1) Long-term employment.--
                    (A) Initial period.--The Secretary shall employ in
                the corps eligible veterans for a 1-year period to
                carry out work projects assigned under subsection (c).
                    (B) Extension of employment.--The Secretary may, on
                a case-by-case basis and as the Secretary considers
                appropriate, extend the employment of an eligible
                veteran under subparagraph (A) for an additional 1-year
                period.
            (2) Temporary employment for student veterans.--
                    (A) In general.--The Secretary may establish a
                program in the corps for the short-term employment of
                eligible veterans that are attending institutions of
                higher education.
                    (B) Terms.--The employment of an eligible veteran
                under subparagraph (A) shall not exceed 16 weeks in
                total.
            (3) Compensation.--An eligible veteran employed by the
        corps under paragraph (1) or (2) shall receive a stipend and
        living allowance in an amount to be determined by the
        Secretary, in consultation with Secretary of Veteran Affairs.
    (c) Work Projects.--
            (1) Assignment.--Each eligible veteran employed under
        subsection (b)(1) shall be assigned to a work project that--
                    (A) furthers the purposes described in subsection
                (a); and
                    (B) falls within 1 or more of the following
                categories:
                            (i) Transportation improvements, such as
                        improving wilderness trails.
                            (ii) Erosion control.
                            (iii) Landscape and recreation.
                            (iv) Habitat protection and restoration,
                        including removal of invasive species.
                            (v) Data collection.
                            (vi) Any other specific project category
                        identified under paragraph (2).
            (2) Specification of additional project categories.--Not
        later than 180 days after the date of enactment of this Act,
        the Secretary and the Secretary of Commerce shall identify
        additional project categories that the Secretary and the
        Secretary of Commerce consider appropriate to further the
        purposes described in subsection (a).
            (3) Leveraging of military skills.--To the maximum extent
        practicable, an eligible veteran in the corps shall be assigned
        to a work project under paragraph (1) that enables the eligible
        veteran to use the skills that the eligible veteran developed
        as a member of the Armed Forces.
            (4) Development and supervision of work projects.--The
        Secretary and the Secretary of Commerce shall develop and
        supervise the work projects under the corps that relate to the
        respective jurisdiction of the Secretary and the Secretary.
    (d) Education and Training.--
            (1) In general.--The Secretary, in cooperation with the
        Secretary of Veterans Affairs and the Secretary of Commerce,
        shall establish a program as part of the corps to provide to
        eligible veterans employed under the corps any education or
        training that is necessary to enable the eligible veterans to
        carry out the work projects assigned under subsection (c)(1).
            (2) Use of existing facilities.--To the maximum extent
        practicable, the Secretary, the Secretary of Veterans Affairs,
        and the Secretary of Commerce shall use existing facilities of
        the Federal Government to provide the education and training
        required under paragraph (1).

Summary: Veterans Conservation Corps Authorization Act - Directs the Secretary of the Interior to establish a veteran conservation corps (corps) to: (1) provide training and employment to unemployed veterans not enrolled in any other federal training program, (2) assist veterans in their transition from military service to civilian life, and (3) assist the government in maintaining federal land and water. Directs the Secretary to employ such veterans for a one-year period, with an option for employment for an additional one-year period. Allows the Secretary to establish a corps program for the short-term employment of veterans attending institutions of higher education. Directs the Secretary to establish a program to provide to such veterans any education or training necessary to carry out assigned work projects.

A bill to direct the Secretary of Interior to establish a veterans conservation corps, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Unfair Foreign Competition Act of
2007''.

SEC. 2. JUDICIAL DETERMINATION OF INJURY.

    (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) is amended by adding at the end the following new
subtitle:

             ``Subtitle E--Judicial Determination of Injury

``SEC. 791. CIVIL ACTION.

    ``(a) Injury Determination.--Notwithstanding any other provision of
this title, in an antidumping or countervailing duty investigation
initiated under section 702 or 732, a petitioning party, may, not later
than 30 days after the date an investigation is initiated under such
sections, elect to bring a civil action in a United States district
court, for a determination that--
            ``(1) an industry in the United States--
                    ``(A) is materially injured, or
                    ``(B) is threatened with material injury, or
            ``(2) the establishment of an industry in the United States
        is materially retarded,
by reason of imports, or sales (or the likelihood of sales) for
importation, of the merchandise subject to the investigation, and that
imports of the subject merchandise are not negligible.
    ``(b) Five-Year Reviews.--Not later than 30 days after a 5-year
review of an antidumping or countervailing duty order is initiated
under section 751(c), a party, who was a petitioning party in the
initial investigation that resulted in the antidumping or
countervailing duty order, may bring a civil action in a United States
district court for a determination of whether revocation of the
antidumping or countervailing duty order or termination of the
investigation suspended under section 704 or 734 would likely lead to
continuation or recurrence of material injury based on the standards
set forth in section 752.
    ``(c) Effect of Election; Relief.--
            ``(1) Effect of election.--
                    ``(A) In general.--An election under subsection (a)
                or (b) of this section shall be for a determination by
                the district court in lieu of a determination by the
                Commission under section 703(a), section 733(a),
                section 705(b), section 735(b), or chapter 1 of
                subtitle C, as the case may be.
                    ``(B) Commission to compile record.--If an election
                is made under this subtitle, the Commission shall
                conduct an investigation and compile evidence with
                respect to the petition in the same manner and to the
                same extent under this title as if an election had not
                been made. Any information compiled by the Commission
                shall be made available to the parties to the
                proceeding and furnished to the district court in a
                timely manner.
                    ``(C) Notification by the administering authority
                and commission.--If an election is made under this
                subtitle, any notification the administering authority
                is required to provide the Commission under this title
                shall be provided to the district court and any
                notification the Commission is required to provide the
                administering authority shall be provided to the
                district court.
            ``(2) Relief.--
                    ``(A) In general.--In an action brought under
                subsection (a) or (b), the district court shall apply
                the same standards and make the same determinations and
                findings, that would be made by the Commission under
                this title if an election had not been made.
                    ``(B) Findings and conclusions.--The court shall
                issue findings of fact and conclusions of law and any
                order issued by the court shall have the same effect as
                a determination of the Commission under this title.
            ``(3) Special rules.--The following rules shall apply to
        actions initiated under subsection (a) or (b):
                    ``(A) Appeal.--An order issued by a United States
                district court under this title shall be appealable to
                a United States Court of Appeals.
                    ``(B) Order not stayed.--An order issued under this
                section shall not be stayed pending appeal to a United
                States Court of Appeals.
                    ``(C) Precedential effect of decisions of the
                international trade commission.--The decisions of the
                Commission in other investigations initiated under this
                title shall not be binding on the court.
                    ``(D) Hearings.--The court shall provide a
                petitioning party and any interested party an
                opportunity to file briefs and argue orally to the
                court based on the information compiled by the
                Commission.
                    ``(E) Attendance by defendant.--There shall be no
                obligation on any defendant interested party to attend
                a meeting or hearing, and failure to do so shall not be
                prejudicial to that party's case.
                    ``(F) Default judgments.--The failure of an
                interested party, described in subparagraph (A) or (B)
                of section 771(9), to intervene in an action initiated
                under this section or otherwise to participate in the
                proceedings shall not result in judgment by default.
                    ``(G) Venue.--A civil action under this section may
                be brought in a judicial district where a manufacturing
                facility, sales office, or administrative headquarters
                of any plaintiff who is a petitioning party is located.
    ``(d) Service of Process.--Within 5 days of filing an action under
subsection (a) or (b), the filing party shall notify all known
interested parties described in subparagraphs (A) and (B) of section
771(9). Such notice shall include--
            ``(1) a copy of the complaint; and
            ``(2) notice that the party is entitled to participate in
        the proceedings pursuant to subsection (e) of this section.
    ``(e) Intervention as of Right.--Any interested party described in
subparagraphs (A) and (B) of section 771(9) shall be entitled to
intervene in an action initiated under this section.
    ``(f) Preliminary Relief.--
            ``(1) In general.--In an action brought under subsection
        (a), the court shall, upon motion, issue a preliminary order
        that contains a determination of whether there is a reasonable
        indication that an industry in the United States is materially
        injured, or is threatened with material injury, or the
        establishment of an industry in the United States is materially
        retarded, by reason of imports of the subject merchandise and
        that imports of the subject merchandise are not negligible. The
        order shall include a description of the essential facts under
        consideration which form the basis of the decision.
            ``(2) Effect of order.--An order making an affirmative
        determination under paragraph (1) shall have the same effect as
        an affirmative preliminary determination by the Commission
        under section 703(a) or 733(a).
            ``(3) Timing.--The court shall make a preliminary
        determination under this subsection within 45 days after a
        complaint has been filed.
    ``(g) Expedited Action.--
            ``(1) In general.--An action brought under subsection (a)
        or (b) shall be advanced on the docket and expedited in every
        way practicable.
            ``(2) Final determination in subsection (a) cases.--The
        court shall make a final determination regarding material
        injury in an action filed under subsection (a) before the later
        of--
                    ``(A) the 120th day after the date on which the
                administering authority makes an affirmative
                preliminary determination under section 703(b) or
                733(b); or
                    ``(B) the 45th day after the day on which the
                administering authority makes an affirmative final
                determination under section 705(a) or 735(a).
            ``(3) Final determination in five-year reviews.--The court
        shall make a final determination regarding the likelihood of
        continuation or recurrence of material injury under subsection
        (b) before the later of--
                    ``(A) the 360th day after the date on which the
                review is initiated under section 751(c)(2); or
                    ``(B) the 120th day after the date on which the
                final determination of the administering authority is
                published.
            ``(4) Extraordinarily complicated cases.--If the court
        concludes that a case is extraordinarily complicated, as
        defined in section 703(c) or 733(c), the court may extend the
        time under paragraphs (2) or (3) by an additional 30 days.
    ``(h) Protection of Confidential Information.--The court shall make
arrangements to protect the confidentiality of information designated
as proprietary by an interested party pursuant to a judicial protective
order.''.
    (b) Changed Circumstances Reviews.--Section 751(b) of the Tariff
Act of 1930 (19 U.S.C. 1675(b)) is amended by adding at the end the
following:
            ``(5) Certain cases to be filed in united states district
        court.--If the injury determination at issue was initially made
        by a United States district court, the court shall retain
        jurisdiction over the injury determination for purposes of this
        section. Any party seeking revocation of an order or
        termination of a suspended investigation shall seek review in
        the district court that made the original injury determination
        under section 791.''.
    (c) Clerical Amendment.--The table of contents for title VII of the
Tariff Act of 1930 is amended by inserting after the item relating to
section 783 the following:

             ``Subtitle E--Judicial Determination of Injury

``Sec. 791. Civil action.''.
    (d) Conforming Amendment.--Section 516A of the Tariff Act of 1930
(19 U.S.C. 1516a) is amended by striking ``Within 30 days'' and
inserting ``Except in the case where an interested party makes an
election under subtitle E of title VII for a judicial determination of
injury, within 30 days''.
    (e) Effective Date.--The amendments made by this section apply to--
            (1) countervailing duty investigations initiated under
        section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or
        after the date of the enactment of this Act;
            (2) antidumping duty investigations initiated under section
        732 of the Tariff Act of 1930 (19 U.S.C. 1673a) on or after the
        date of the enactment of this Act; and
            (3) reviews initiated under section 751 of the Tariff Act
        of 1930 (19 U.S.C. 1675) on or after the date of the enactment
        of this Act.

SEC. 3. APPLICATION TO CANADA AND MEXICO.

    Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico.

SEC. 4. NOTIFICATION TO WORLD TRADE ORGANIZATION.

    Not later than 30 days after the date of the enactment of this Act,
pursuant to the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994 and the Agreement on
Subsidies and Countervailing Measures, the Secretary of State shall
notify the appropriate officials of the World Trade Organization of the
amendments made by this Act and that the United States district courts
shall be treated as competent authorities for purposes of injury
determinations under title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.).

Summary: Unfair Foreign Competition Act of 2007 - Amends the Tariff Act of 1930 to authorize a petitioning party, in an antidumping or countervailing duty investigation, to elect, within 30 days after the investigation has started, to bring a civil action in a US district court for determination that a US industry is materially injured or is threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports, or sales for importation, of the merchandise subject to the investigation, and that imports of the subject merchandise are not negligible. Authorizes such a petitioning party, within 30 days after a five-year review of an antidumping or countervailing duty order is initiated, to bring a civil action in a US district court for determination of whether revocation of the antidumping or countervailing duty order, or termination of a suspended investigation, would likely lead to continuation or recurrence of material injury. Provides for preliminary relief and expedited action. Applies this Act to goods from Canada and Mexico.

A bill to provide for judicial determination of injury in certain cases involving dumped and subsidized merchandise imported into the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Developing Standards for Electronic
Shipping Papers Act of 2014''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The impacts of hazardous materials transportation
        incidents can be mitigated by effective response strategies,
        equipment, and training.
            (2) Shipping papers and manifests are essential tools for
        responding to incidents involving hazardous materials as they
        provide the disclosures needed to determine the proper response
        strategy.
            (3) While physical shipping papers must continue to be
        required under law in order to ensure that redundancies are in
        place to protect the safety of first responders, there should
        be efforts to modernize how hazardous materials information is
        disseminated.
            (4) The HM-ACCESS Program authorized in section 33005 of
        MAP-21 (49 U.S.C. 5121 note) is an important step for
        developing additional, innovative methods for disseminating
        hazardous material information electronically, but the pilot
        tests will not be completed until October 2015.
            (5) As transporters of hazardous materials in commerce
        deploy these innovative technologies on their own, efforts
        should be undertaken to ensure that best practices and
        voluntary standards are available until the HM-ACCESS pilot and
        subsequent rulemakings are completed so that transporters of
        hazardous materials will have guidelines to assist with their
        modernization effort while ensuring that first responders will
        have access to standardized information platforms and systems.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commerce and hazardous material.--The terms
        ``commerce'' and ``hazardous material'' have the meanings given
        such terms in section 5102 of title 49, United States Code.
            (2) Electronic shipping paper.--The term ``electronic
        shipping paper'' means an electronic version of the physical
        shipping paper that is--
                    (A) designed to convey the most current available
                hazard information required to be disclosed under
                section 5110(a) of title 49, United States Code; and
                    (B) capable of being accessed instantaneously by
                emergency responders during an incident involving
                hazardous material being transported in commerce.

SEC. 4. HAZARDOUS MATERIALS INFORMATION ADVISORY COMMITTEE.

    (a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Transportation shall establish a
Hazardous Materials Information Advisory Committee composed of members
appointed by the Secretary.
    (b) Membership.--Members appointed by the Secretary under
subsection (a) shall represent the following individuals and entities:
            (1) Fire services personnel and management.
            (2) Law enforcement and other appropriate enforcement
        personnel.
            (3) Other emergency response providers.
            (4) Persons who transport hazardous material by air,
        highway, rail, or water.
            (5) Persons who offer hazardous material in commerce for
        transport by air, highway, rail, or water.
            (6) Employees of persons who transport or offer for
        transportation hazardous material in commerce by air, highway,
        rail, or water.
            (7) The Coast Guard and other relevant agencies.
            (8) Other individuals and entities determined appropriate
        by the Secretary.
    (c) Duties.--Not later than 120 days after the establishment of the
Hazardous Materials Information Advisory Committee under subsection
(a), the Committee shall--
            (1) develop a voluntary standard for the use of electronic
        shipping papers until a rulemaking has been completed;
            (2) establish a standardized curriculum for training first
        responders and enforcement officials in the use of electronic
        shipping papers and other alternative means of communicating
        hazardous materials information;
            (3) provide recommendations and best practices for the use
        of electronic shipping papers by first responders in varying
        circumstances and locations;
            (4) provide recommendations and best practices to assist
        persons transporting hazardous materials in commerce in
        implementing electronic shipping papers; and
            (5) assess potential issues during deployment phases,
        including first responder training, technology procurement
        issues and budget limitations, and biometrics.
    (d) Requirements.--In developing the best practices, standards, and
findings under subsection (c), the Hazardous Materials Information
Advisory Committee shall take into consideration--
            (1) the scalability of information in its presentation to
        determine the most efficient means of conveying necessary
        information for emergency response personnel while allowing
        access to ancillary information relating to the transport of
        hazardous materials in order to ensure that information
        conveyed fits the intended need and the varying levels of first
        responder training;
            (2) access issues and spectrum issues for rural responders;
            (3) standardization of information to equipment to ensure
        consistency across modes;
            (4) providing data security and protection from unwanted
        manipulation in order to preserve the integrity of data entered
        by transporters of hazardous materials and accessed by bona
        fide first responders;
            (5) the need to develop a National Deployment Standard on
        biometrics and identifiers to ensure secure access for first
        responders;
            (6) the potential for the deployment of fail-safe
        redundancies linked to State, regional, and local 911 emergency
        centers;
            (7) the timing of implementation and methods for funding
        the implementation of electronic shipping papers devices and
        training;
            (8) updates and revisions to the Emergency Response
        Guidebooks;
            (9) existing technologies that are employed voluntarily by
        persons who transport hazardous materials in commerce by air,
        highway, rail, and water; and
            (10) the results of pilot tests being conducted in
        accordance with section 33005 of MAP-21 (49 U.S.C. 5121 note)
        and any interim recommendations issued by the persons
        administering such pilot tests.
    (e) Travel Expenses.--The Secretary may provide travel expenses,
including per diem in lieu of subsistence, to a member appointed under
subsection (b)(1), (b)(2), or (b)(3) in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United States
Code.
    (f) Report.--Not later than 120 days after the date of enactment of
this Act, the Hazardous Materials Information Advisory Committee shall
transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a report listing the best practices,
standards, and findings developed under subsection (c).

Summary: Developing Standards for Electronic Shipping Papers Act of 2014 - Directs the Secretary of Transportation (DOT) to establish a Hazardous Materials Information Advisory Committee to develop voluntary standards and best practices for first responders and enforcement officials in the use of electronic shipping papers in the event of a hazardous material transportation incident. Defines the term quot, electronic shipping paperquot. As an electronic version of the physical shipping paper conveying the most current available hazard information and capable of being accessed instantaneously by emergency responders during such an incident.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prosthetic and Custom Orthotic
Parity Act of 2009''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) There are more than 1,800,000 people in the United
        States living with limb loss.
            (2) Every year, there are more than 130,000 people in the
        United States who undergo amputation.
            (3) In addition, United States military personnel serving
        in Iraq and Afghanistan and around the world have sustained
        traumatic injuries resulting in amputation.
            (4) The number of amputations in the United States is
        projected to increase in the years ahead due to rising
        incidence of diabetes and other chronic illness.
            (5) Those suffering from limb loss can and want to regain
        their lives as productive members of society.
            (6) Prosthetic devices enable amputees to continue working
        and living productive lives.
            (7) Insurance companies have begun to limit reimbursement
        of prosthetic equipment costs at unrealistic levels or not at
        all and often restrict coverage over a person's lifetime, which
        shifts costs onto the Medicare and Medicaid programs.
            (8) Eleven States have addressed this problem and have
        enacted prosthetic parity legislation.
            (9) Prosthetic parity legislation has been introduced and
        is being actively considered in 30 States.
            (10) The States in which prosthetic parity laws have been
        enacted have found there to be minimal or no increases in
        insurance premiums and have reduced Medicare and Medicaid
        costs.
            (11) Prosthetic parity legislation will not add to the size
        of government or to the costs associated with the Medicare or
        Medicaid programs.
            (12) If coverage for prosthetic devices and components are
        offered by a group health insurance policy, then providing such
        coverage of prosthetic devices on par with other medical and
        surgical benefits will not increase the incidence of
        amputations or the number of individuals for which a prosthetic
        device would be medically necessary and appropriate.
            (13) In States where prosthetic parity legislation has been
        enacted, amputees are able to return to a productive life,
        State funds have been saved, and the health insurance industry
        has continued to prosper.
            (14) Prosthetic services allow people to return more
        quickly to their preexisting work.
            (15) Spina bifida occurs in 7 out of every 10,000 live
        births in the United States.
            (16) For children with spina bifida, access to a custom
        orthotic device impacts both their short and long term
        mobility, their muscle strength, and overall quality of life.
        As they mature, the orthotic device allows them to maintain
        their maximum level of functionality. This has a profound
        impact on their ability to become and remain independent and
        productive members of the community.
            (17) Cerebral palsy is one of the most common congenital
        (existing before birth or at birth) disorders of childhood.
        About 10,000 babies per year in the United States will develop
        cerebral palsy.
            (18) The purpose of a custom orthotic device for people
        with cerebral palsy is to protect, such as stabilizing a
        fracture during healing; to prevent deformity, such as
        stretching braces worn while the person sleeps, to help prevent
        muscle contractures; and to improve function. This can help
        kids with cerebral palsy achieve maximum potential in growth
        and development.
            (19) If coverage for prosthetic and custom orthotic devices
        and related services is offered to individuals by a group
        health insurance policy, then providing such coverage of
        prosthetic and orthotic devices on par with other medical and
        surgical benefits will not increase the incidence of
        amputations or the number of individuals for which a prosthetic
        or custom orthotic device would be medically necessary and
        appropriate.
    (b) Purpose.--The purpose of this Act is to require that each group
health plan that provides both coverage for prosthetic devices and
components and medical and surgical benefits, provide such coverage
under terms and conditions that are no less favorable than the terms
and conditions under which such benefits are provided under such plan.

SEC. 3. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY UNDER ERISA.

    (a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 is amended by
inserting after section 713 (29 U.S.C. 1185b) the following new
section:

``SEC. 715. PROSTHETICS AND CUSTOM ORTHOTIC DEVICE PARITY.

    ``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and benefits for prosthetic
devices and components and orthotic devices (as defined under
subsection (d)(1))--
            ``(1) such benefits for prosthetic devices and components
        and custom orthotic devices and related services under the plan
        (or coverage) shall be provided under terms and conditions that
        are no less favorable than the terms and conditions applicable
        to substantially all medical and surgical benefits provided
        under the plan (or coverage);
            ``(2) such benefits for prosthetic devices and components
        and custom orthotic devices and related services under the plan
        (or coverage) may not be subject to separate financial
        requirements (as defined in subsection (d)(2)) that are
        applicable only with respect to such benefits, and any
        financial requirements applicable to such benefits may be no
        more restrictive than the financial requirements applicable to
        substantially all medical and surgical benefits provided under
        the plan (or coverage); and
            ``(3) any treatment limitations (as defined in subsection
        (d)(3)) applicable to such benefits for prosthetic devices and
        components and custom orthotic devices and related services
        under the plan (or coverage) may not be more restrictive than
        the treatment limitations applicable to substantially all
        medical and surgical benefits provided under the plan (or
        coverage).
    ``(b) In-Network and Out-of-Network Standards.--
            ``(1) In general.--In the case of a group health plan (or
        health insurance coverage offered in connection with such a
        plan) that provides both medical and surgical benefits and
        benefits for prosthetic devices and components and custom
        orthotic devices and related services, and that provides both
        in-network benefits for prosthetic devices and components and
        out-of-network benefits for prosthetic devices and components,
        the requirements of this section shall apply separately with
        respect to benefits provided under the plan (or coverage) on an
        in-network basis and benefits provided under the plan (or
        coverage) on an out-of-network basis.
            ``(2) Clarification.--Nothing in paragraph (1) shall be
        construed as requiring that a group health plan (or health
        insurance coverage offered in connection with such a plan)
        eliminate an out-of-network provider option from such plan (or
        coverage) pursuant to the terms of the plan (or coverage).
    ``(c) Additional Requirements.--
            ``(1) Prior authorization.--In the case of a group health
        plan (or health insurance coverage offered in connection with
        such a plan) that requires, as a condition of coverage or
        payment for prosthetic devices and custom orthotic devices and
        related services under the plan (or coverage), prior
        authorization, such prior authorization must be required in the
        same manner as prior authorization is required by the plan (or
        coverage) as a condition of coverage or payment for all similar
        benefits provided under the plan (or coverage).
            ``(2) Limitation on mandated benefits.--Required benefits
        for prosthetic devices and custom orthotic devices and related
        services under this section are limited to the most appropriate
        model that adequately meets the medical requirements of the
        patient, as determined by the treating physician of the
        patient.
            ``(3) Coverage for repair or replacement.--Benefits for
        prosthetic devices and custom orthotic devices and related
        services required under this section shall include coverage for
        repair or replacement of prosthetic devices and components, if
        the repair or replacement is determined appropriate by the
        treating physician of the patient involved.
            ``(4) Annual or lifetime dollar limitations.--A group
        health plan (or health insurance coverage offered in connection
        with such a plan) may not impose any annual or lifetime dollar
        limitation on benefits for prosthetic devices and custom
        orthotic devices and related services unless such limitation
        applies in the aggregate to all medical and surgical benefits
        provided under the plan (or coverage) and benefits for
        prosthetic devices and components.
    ``(d) Definitions.--For the purposes of this section:
            ``(1) Prosthetic devices and components.--The term
        `prosthetic devices and components' means such devices and
        components which may be used to replace, in whole or in part,
        an arm or leg, as well as the services required to do so, and
        includes external breast prostheses incident to mastectomy
        resulting from breast cancer.
            ``(2) Custom orthotic devices and related services.--The
        term `custom orthotic devices and related services' means the
        following:
                    ``(A) Custom-fabricated orthotics and related
                services, which include custom-fabricated devices that
                are individually made for a specific patient, as well
                as all services and supplies medically necessary for
                the effective use of the orthotic device, including
                formulating its design, fabrication, material and
                component selection, measurements, fittings, and static
                and dynamic alignments, and instructing the patient in
                the use of the device. No other patient would be able
                to use this item. A custom fabricated item is a device
                which is fabricated based on clinically derived and
                rectified castings, tracings, measurements, and/or
                other images (such as x-rays) of the body part. The
                fabrication may involve using calculations, templates
                and components. This process requires the use of basic
                materials including, but not limited to plastic, metal,
                leather or cloth in the form of uncut or unshaped
                sheets, bars, or other basic forms and involves
                substantial work such as vacuum forming, cutting,
                bending, molding, sewing, drilling and finishing prior
                to fitting on the patient. Custom-fabricated devices
                may be furnished only by an appropriately credentialed
                (certified or licensed) practitioner or accredited
                supplier in orthotics and/or prosthetics. These devices
                and services are represented by the existing set of L-
                codes describing this care currently listed in Centers
                for Medicare and Medicaid Services Transmittal 656.
                    ``(B) Custom-fitted high orthotics and related
                services, which include prefabricated devices that are
                manufactured with no specific patient in mind, but that
                are appropriately sized, adapted, modified, and
                configured (with the required tools and equipment) to a
                specific patient in accordance with a prescription, and
                which no other patient would be able to use, as well as
                all services and supplies medically necessary for the
                effective use of the orthotic device, including
                formulating its design, fabrication, material and
                component selection, measurements, fittings, and static
                and dynamic alignments, and instructing the patient in
                the use of the device. Custom-fitted high devices may
                be furnished only by an appropriately credentialed
                (certified or licensed) practitioner or accredited
                supplier in orthotics and/or prosthetics. These devices
                and services are represented by the existing set of L-
                codes describing this care currently listed in Centers
                for Medicare and Medicaid Services Transmittal 656.
            ``(3) Financial requirements.--The term `financial
        requirements' includes deductibles, coinsurance, co-payments,
        other cost sharing, and limitations on the total amount that
        may be paid by a participant or beneficiary with respect to
        benefits under the plan or health insurance coverage and also
        includes the application of annual and lifetime limits.
            ``(4) Treatment limitations.--The term `treatment
        limitations' includes limits on the frequency of treatment,
        number of visits, days of coverage, or other similar limits on
        the scope or duration of treatment.''.
    (b) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 713 the
following new item:

``Sec. 715. Prosthetics and custom orthotic device parity.''.
    (c) Effective Date.--The amendments made by this section shall
apply with respect to group health plans (and health insurance coverage
offered in connection with group health plans) for plan years beginning
on or after the date of the enactment of this Act.

SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.

    (a) Assistance to Plan Participants and Beneficiaries.--The
Secretary of Labor shall provide for assistance to participants and
beneficiaries under such plans with any questions or problems regarding
compliance with the requirements of this section.
    (b) Audits.--The Secretary of Labor shall provide for the conduct
of random audits of group health plans (and health insurance coverage
offered in connection with such plans) to ensure that such plans are in
compliance with section 715 of the Employee Retirement Income Security
Act of 1974, as added by section 3.
    (c) GAO Study.--
            (1) Study.--The Comptroller General of the United States
        shall conduct a study that evaluates the effect of the
        implementation of the amendments made by this Act on the cost
        of health insurance coverage, on access to health insurance
        coverage (including the availability of in-network providers),
        on the quality of health care, on benefits and coverage for
        prosthetic devices and components, on any additional cost or
        savings to group health plans, on State prosthetic devices and
        components benefit mandate laws, on the business community and
        the Federal Government, and on other issues as determined
        appropriate by the Comptroller General.
            (2) Report.--Not later than 2 years after the date of the
        enactment of this Act, the Comptroller General of the United
        States shall prepare and submit to the appropriate committees
        of Congress a report containing the results of the study
        conducted under paragraph (1).
    (d) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor shall promulgate final
regulations to carry out this Act and the amendments made by this Act.

Summary: Prosthetic and Custom Orthotic Parity Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides medical and surgical benefits as well as benefits for prosthetic devices and components and orthotic devices to offer such prosthetic and orthotic coverage in the same manner as applicable to medical and surgical benefits. Prohibits separate financial requirements or more restrictive treatment limitations. Limits required benefits for prosthetic devices and custom orthotic devices and related services to the most appropriate model that adequately meets the medical requirements of the patient. Requires benefits to include repairs and replacements as determined appropriate by the treating physician. Prohibits any annual or lifetime dollar limitation on benefits for prosthetic devices and custom orthotic devices and related services unless such limitation applies in the aggregate to all benefits.

To provide parity under group health plans and group health insurance coverage in the provision of benefits for prosthetic devices and orthotics devices, components and benefits for other medical and surgical services.


SECTION 1. REFUNDABLE CREDIT FOR CHILD DISABILITY EDUCATION AND
              TRAINING EXPENSES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and
inserting after section 34 the following new section:

``SEC. 35. CHILD DISABILITY EDUCATION AND TRAINING EXPENSES.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the amount paid or incurred by
the taxpayer during the taxable year for qualified child disability
expenses.
    ``(b) Limitations.--
            ``(1) Maximum dollar amount.--The amount allowed as a
        credit under subsection (a) to the taxpayer for the taxable
        year shall not exceed $3,000.
            ``(2) Limitation based on adjusted gross income.--
                    ``(A) In general.--The amount of the credit
                allowable under subsection (a) (after application of
                paragraph (1)) shall be reduced (but not below zero) by
                $500 for each $1,000 (or fraction thereof) by which the
                taxpayer's modified adjusted gross income exceeds
                $150,000.
                    ``(B) Modified adjusted gross income.--For purposes
                of subparagraph (A), the term `modified adjusted gross
                income' means adjusted gross income increased by any
                amount excluded from gross income under section 911,
                931, or 933.
                    ``(C) Cost-of-living adjustment.--
                            ``(i) In general.--In the case of any
                        taxable year beginning in a calendar year after
                        2002, the $150,000 amount under subparagraph
                        (A) shall be increased by an amount equal to--
                                    ``(I) such dollar amount,
                                multiplied by
                                    ``(II) the cost-of-living
                                adjustment determined under section
                                1(f)(3) for the calendar year in which
                                the taxable year begins, determined by
                                substituting `calendar year 2001' for
                                `calendar year 1992' in subparagraph
                                (B) thereof.
                            ``(ii) Rounding rules.--If any amount after
                        adjustment under clause (i) is not a multiple
                        of $1,000, such amount shall be rounded to the
                        next lower multiple of $1,000.
    ``(c) Qualified Child Disability Expenses.--For purposes of this
section--
            ``(1) In general.--The term `qualified child disability
        expenses' means amounts paid for services and equipment related
        to education and training of a qualified child of the taxpayer
        in connection with a developmental disability of such child,
        including--
                    ``(A) behavioral therapy,
                    ``(B) speech therapy,
                    ``(C) occupational therapy,
                    ``(D) physical therapy,
                    ``(E) auditory therapy,
                    ``(F) assistive communication technology, and
                    ``(G) such other services as the Secretary may, in
                consultation with the Secretary of Health and Human
                Services and the Secretary of Education, provide by
                regulation.
            ``(2) Developmental disability.--The term `developmental
        disability' has the same meaning given the term in section 102
        of the Developmental Disabilities Assistance and Bill of Rights
        Act of 2000 (Public Law 106-402; 114 Stat. 1682).
            ``(3) Qualified child.--The term `qualified child' means
        any individual if--
                    ``(A) the taxpayer is allowed a deduction under
                section 151 with respect to such individual for the
                taxable year,
                    ``(B) such individual has not attained the age of
                18 as of the close of the calendar year in which the
                taxable year of the taxpayer begins, and
                    ``(C) such individual bears a relationship to the
                taxpayer described in section 32(c)(3)(B).
    ``(d) Verification Requirements.--
            ``(1) Expenses must be substantiated.--Qualified child
        disability expenses to which subsection (a) applies may be
        taken into account under this section only if the taxpayer
        substantiates such expense in such form as the Secretary may
        prescribe.
            ``(2) Identification requirement.--No credit shall be
        allowed under this section with respect to any qualified child
        unless the taxpayer includes the name and taxpayer
        identification number of such qualified child on the return of
        tax for the taxable year.
    ``(e) Special Rules.--
            ``(1) Denial of double benefit.--
                    ``(A) In general.--No credit shall be allowed under
                subsection (a) for any expense for which a deduction or
                credit is allowed under any other provision of this
                chapter.
                    ``(B) Grants.--No credit shall be allowed under
                subsection (a) for any expense to the extent that funds
                for such expense are received under any Federal, State,
                or local program.
            ``(2) Married couples must file joint returns.--Rules
        similar to the rules of paragraphs (2), (3), and (4) of section
        21(e) shall apply for purposes of this section.
            ``(3) Basis adjustment.--For purposes of this subtitle, if
        a credit is allowed under this section for any expenditure with
        respect to any property, the increase in the basis of such
        property which would (but for this subsection) result from such
        expenditure shall be reduced by the amount of the credit so
        allowed.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``, or
        from section 35 of such Code''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by striking the last item and inserting the
        following new items:

                              ``Sec. 35. Child disability expenses.
                              ``Sec. 36. Overpayments of tax.''.
            (3) Section 1016(a) of such Code is amended by striking
        ``and'' at the end of paragraph (26), by striking the period at
        the end of paragraph (27) and inserting ``, and'', and by
        adding at the end the following:
            ``(28) in the case of property with respect to which a
        credit was allowed under section 35, to the extent provided in
        section 35(e)(3).''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Summary: Amends the Internal Revenue Code to allow a tax credit for up to $3,000 of the amount paid or incurred by the taxpayer during the taxable year for qualified child disability expenses for services and equipment related to education and training of a child of the taxpayer with a developmental disability, including behavioral therapy, speech therapy, occupational therapy, physical therapy, auditory therapy, assistive communication technology, and other related services. Phases out the credit by $500 increments per $1,000 of modified adjusted gross income over $150,000.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable credit against tax with respect to education and training of developmentally disabled children.