SECTION 1. VISA OVERSTAYS CRIMINALIZED.

    (a) In General.--The Immigration and Nationality Act is amended by
inserting after section 274D the following:

``SEC. 274E. VISA OVERSTAYS.

    ``(a) In General.--Except as provided in subsection (b), any alien
who remains in the United States for any period of time after the date
on which any visa or status under which the alien is lawfully present
has expired shall--
            ``(1) for the first commission of any such offense, be
        fined under title 18, United States Code, or imprisoned no more
        than 6 months, or both; and
            ``(2) for a subsequent commission of any such offense, be
        fined under title 18, United States Code, or imprisoned not
        more than 2 years, or both.
    ``(b) Exception.--If the Secretary of Homeland Security determines
on an individual case-by-case basis that, because of reasons of a
medical necessity, public safety, or national security, the alien
violated subsection (a), the alien shall not be subject to the
penalties under subsection (a).
    ``(c) Limitation on Reentry.--
            ``(1) First offenders.--Subject to section 222(g)(2), any
        alien convicted of a violation of subsection (a)(1)--
                    ``(A) may not be admitted to the United States for
                a period of 5 years, beginning on the date of the
                conviction; and
                    ``(B) may not be granted a visa for a period of 10
                years, beginning on the date of the conviction.
            ``(2) Subsequent offenses.--Notwithstanding section
        222(g)(2), any alien convicted of a violation of subsection
        (a)(2)--
                    ``(A) may not be admitted to the United States; and
                    ``(B) may not be granted a visa.
    ``(d) Disclosure of Penalties.--In the case of any application or
petition by or on behalf of an alien for admission to the United
States, the Secretary of State or the Secretary of Homeland Security
shall provide the alien with notice of the penalties under this section
and section 275 on receipt of the application or petition, and again at
the time of admission.''.
    (b) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act is amended by inserting after the item relating to
section 274D the following:

``274E. Visa overstays.''.

SEC. 2. EFFECT OF VISA REVOCATION.

    (a) In General.--Section 221(i) of the Immigration and Nationality
Act (8 U.S.C. 1201(i)) is amended by inserting before the final
sentence the following: ``A revocation under this subsection shall
automatically cancel any other valid visa that is in the alien's
possession.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
revocations under section 221(i) of the Immigration and Nationality Act
(8 U.S.C. 1201(i)) occurring on or after such date.

SEC. 3. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL.

    Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362)
is amended--
            (1) by striking ``In any removal proceedings before an
        immigration judge and in any appeal proceedings before the
        Attorney General from any such removal proceedings'' and
        inserting ``In any removal proceedings before an immigration
        judge, or any other immigration proceedings before the Attorney
        General, the Secretary of Homeland Security, or any appeal of
        such a proceeding'';
            (2) by striking ``(at no expense to the Government)''; and
            (3) by adding at the end the following ``Notwithstanding
        any other provision of law, in no instance shall the Government
        bear any expense for counsel for any person in proceedings
        described in this section.''.

SEC. 4. SHARING VISA RECORDS WITH FOREIGN GOVERNMENTS.

    Section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) is amended--
            (1) in paragraph (1), by striking the period at the end and
        inserting a semicolon;
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) the Secretary of State on a case-by-case basis may
        provide to a foreign government copies of any record of the
        Department of State and of diplomatic and consular offices of
        the United States pertaining to the issuance or refusal of
        visas or permits to enter the United States, or any information
        contained in those records, if the Secretary determines that it
        is in the national interests of the United States; and''.

SEC. 5. ACCESS TO NATIONAL CRIME INFORMATION CENTER FILES FOR VISA
              ADJUDICATIONS RELATING TO DIPLOMATS AND OTHER GOVERNMENT
              OFFICIALS.

    Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202)
is amended by adding at the end the following:
    ``(i) In the case of an alien described in one of clauses (i)
through (iv) of subsection (h)(2)(E) who has applied for a visa, the
Attorney General and the Director of the Federal Bureau of
Investigation shall provide the Secretary of State with access to the
criminal history record information contained in files maintained by
the National Crime Information Center for the purpose of determining
whether the visa should be issued.''.

Summary: This bill amends the Immigration and Nationality Act to subject any alien who remains in the United States after any visa or status under which the alien is lawfully present has expired to: (1) a fine or imprisonment for up to six months, or both, for a first offense. And (2) a fine or imprisonment for up to two years, or both, for any subsequent offense. Such penalties shall be waived if the overstay was due to medical necessity, public safety, or national security. An alien convicted of a first offense may not be admitted to the United States for 5 years or granted a visa for 10 years. An alien convicted of a subsequent offense may not be admitted to the United States at all or granted a visa. The bill expands the scope of an individual's right to counsel in immigration proceedings and appeals. The government, however, shall not bear the cost of counsel in such proceedings or appeals. The Department of State may share visa records and related information with a foreign government if in the national interests of the United States. The Department of Justice and the Federal Bureau of Investigation shall provide the State Department with access to National Crime Information Center files for visa adjudications involving a diplomat or government official.

To amend the Immigration and Nationality Act to render overstaying a visa a criminal offense, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rare Earths Supply Technology and
Resources Transformation Act of 2010'' or the ``RESTART Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Significant quantities of rare earths are used in the
        production of clean energy technologies, including advanced
        automotive propulsion batteries, electric motors, high-
        efficiency light bulbs, solar panels, and wind turbines. These
        technologies are used to advance the United States energy
        policy of reducing dependence on foreign oil and decreasing
        greenhouse gas emissions through expansion of cleaner sources
        of energy.
            (2) Many modern defense technologies such as radar and
        sonar systems, precision-guided weapons, cruise missiles, and
        lasers cannot be built, as designed and specified, without the
        use of rare earths and materials produced from them.
            (3) Rare earths also provide core functionality to a
        variety of high technology applications in computing, pollution
        abatement, power generation, water treatment, oil refining,
        metal alloying, communications, health care, agriculture, and
        other sectors.
            (4) Though at least 15 percent of the world's rare earth
        reserves are located within the United States, the country now
        depends upon imports for nearly 100 percent of its rare earth
        needs because there are virtually no active rare earth
        producers in the United States. More than 97 percent of all
        rare earths for world consumption are produced in China.
            (5) The ability--and willingness--of China to export rare
        earths is eroding due to its growing domestic demand, its
        enforcement of environmental law on current producers, and its
        mandate to consolidate the industry by decreasing its number of
        mining permits. The Chinese Ministry of Industry and
        Information Technology draft rare earths plan for 2009 to 2015
        proposes an immediate ban on the export of dysprosium, terbium,
        thulium, lutetium, and yttrium, the so-called ``heavy'' rare
        earths, and a restriction on the exports of all other, light,
        rare earth metals to a level well below that sufficient to
        satisfy the demand of Japan in 2008 alone for such metals.
            (6) Furthermore, the United States has limited rare earth
        production, remains entirely dependent on overseas refineries
        for further elemental and alloy processing, and does not
        currently maintain a ``strategic reserve'' of rare earth
        compounds, metals, or alloys.
            (7) Rare earths should qualify as materials either
        strategic or critical to national security. The United States
        Government should facilitate the domestic reintroduction of a
        globally competitive rare earth industry that is self-
        sufficient in the United States domestic market with multiple
        sources of mining, processing, alloying, and manufacturing.
            (8) This self-sufficiency requires an uninterrupted supply
        of strategic materials critical to national security and
        innovative commercial product development, including rare
        earths, to support the clean energy and defense supply chains.
            (9) The United States currently cannot reclaim valuable
        rare earths and permanent magnets from scrapped military or
        consumer products, industrial materials or equipment, which
        allows entities in other countries to identify and recover such
        materials for resale to United States manufacturers at
        considerable cost.
            (10) There is an urgent need to identify the current global
        market situation regarding rare earths, the strategic value
        placed on them by foreign nations including China, and the
        supply-chain vulnerabilities related to rare earths and
        products containing rare earths.

SEC. 3. ACTIONS TO PROMOTE RARE EARTH DEVELOPMENT.

    (a) Policy.--It is the policy of the United States that each
Federal agency shall take appropriate actions, to the extent consistent
with applicable law, to expedite permitting and projects that will
increase exploration for, and development of, domestic rare earths.
    (b) Rare Earth Policy Task Force.--
            (1) Establishment.--There is established within the
        Department of the Interior a task force to be known as the
        ``Rare Earth Policy Task Force'' (referred to in this section
        as the ``Task Force''), which shall report to the President
        through the Secretary of the Interior.
            (2) Composition.--The Task Force shall be composed of the
        following:
                    (A) The Secretary of the Interior (or a designee),
                who shall serve as chair of the Task Force.
                    (B) The Secretary of Energy (or a designee).
                    (C) The Secretary of Agriculture (or a designee).
                    (D) The Secretary of Defense (or a designee).
                    (E) The Secretary of Commerce (or a designee).
                    (F) The Secretary of State (or a designee).
                    (G) The Director of the Office of Management and
                Budget (or a designee).
                    (H) The Chairman of the Council on Environmental
                Quality (or a designee).
                    (I) Such other members as the Secretary of the
                Interior considers appropriate.
    (c) Duties.--The Task Force shall--
            (1) monitor and assist Federal agencies in expediting the
        review and approval of permits or other actions, as necessary,
        to accelerate the completion of projects that will increase
        investment in, exploration for, and development of domestic
        rare earths pursuant to the Federal Land Policy and Management
        Act of 1976 (43 U.S.C. 1701 et seq.), the Act of June 4, 1897
        (commonly known as the ``Organic Act of 1897'' (16 U.S.C. 473-
        482, 551), the National Forest Management Act of 1976 (16
        U.S.C. 1600 et seq.), and any other applicable statutory
        authorities related to domestic mining operations;
            (2) assist Federal agencies in reviewing laws (including
        regulations) and policies that discourage investment in,
        exploration for, and development of domestic rare earths
        pursuant to Federal Land Policy and Management Act of 1976, the
        Act of June 4, 1897, the National Forest Management Act of
        1976, and any other applicable statutory authorities related to
        domestic mining operations; and
            (3) take such other actions to otherwise increase
        investment in, exploration for, and development of domestic
        rare earths as the Task Force considers appropriate.
    (d) Annual Reports.--At least once each year, the Task Force shall
submit to the President, the Committee on Natural Resources of the
Senate, the Committee on Energy and Commerce of the House of
Representatives, and the Committee on Natural Resources of the House of
Representatives a report setting forth the following:
            (1) A description of the results of the coordinated and
        expedited review of permits or other actions to promote
        investment in, exploration for, and development of domestic
        rare earths, and an identification of the procedures and
        actions that have proven to be the most useful and appropriate
        in coordinating and expediting the review of projects that will
        increase investment in, exploration for, and development of
        domestic rare earths.
            (2) An identification of the substantive and procedural
        requirements of Federal, State, tribal, and local laws
        (including regulations) and Executive orders that are
        inconsistent with, duplicative of, or structured so as to
        restrict effective implementation of the projects described in
        paragraph (1).
            (3) Such recommendations as the Task Force considers
        appropriate to advance the policy set forth in subsection (a).
    (e) Judicial Review.--
            (1) In general.--Nothing in this section shall be construed
        to affect any judicial review of an agency action under any
        other provision of law.
            (2) Construction.--This section--
                    (A) is intended to improve the internal management
                of the Federal Government; and
                    (B) does not create any right or benefit,
                substantive or procedural, enforceable at law or equity
                by a party against the United States (including an
                agency, instrumentality, officer, or employee of the
                United States) or any other person.

SEC. 4. ASSESSMENT OF RARE EARTH SUPPLY CHAIN VULNERABILITY.

    (a) Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Energy shall jointly, in consultation with the Secretary of Defense,
the Secretary of Commerce, the Secretary of State, and the United
States Trade Representative--
            (1) undertake an assessment of the domestic rare earth
        supply chain;
            (2) determine pursuant to such assessment which rare earth
        elements are critical to clean energy technologies and the
        national and economic security of the United States; and
            (3) submit to Congress a report setting forth the results
        of such assessment and determination.
    (b) Establishment of Stockpile.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Interior and
the Secretary of Energy shall jointly, in consultation with the
Secretary of Defense, the Secretary of Commerce, the Secretary of
State, and the United States Trade Representative, submit to Congress a
report setting forth the following:
            (1) An assessment whether or not the rare earth materials
        determined to be critical to clean energy technologies and the
        national and economic security of the United States pursuant to
        subsection (a)(2) should be procured and placed in a stockpile.
            (2) An assessment whether or not adequate legal authorities
        exist to procure and place in a stockpile the rare earth
        materials so determined to be critical to clean energy
        technologies and the national and economic security of the
        United States.
            (3) Recommendations on the criteria to be utilized in
        determining the commencement and termination of the stockpiling
        of such rare earth materials.
    (c) Stockpile Defined.--In this section, the term ``stockpile''
means a strategic reserve of rare earth oxides, and storable forms of
rare earths and alloys for purposes of clean energy technology and the
national and economic security of the United States.

SEC. 5. LOAN GUARANTEES FOR THE DOMESTIC RARE EARTH SUPPLY CHAIN.

    (a) Report to Industry.--Not later than 90 days after the date of
the enactment of the Act, the Secretary of Energy shall issue a report
to industry describing available mechanisms for obtaining government
loan guarantees for purposes of reestablishing a domestic rare earth
supply chain.
    (b) Department of Energy Support.--Not later than 90 days after the
date of the enactment of the Act, the Secretary of Energy shall issue
guidance for the rare earth industry on obtaining loan guarantees under
title XVII of the Energy Policy Act of 2005 (Public Law 109-58; 22
U.S.C. 16511 et seq.) and the American Recovery and Reinvestment Act of
2009 (Public Law 111-16) for purposes of supporting the reestablishment
of mining, separation, purification, metal processing, refining,
alloying, and manufacturing operations in the United States relating to
rare earths that will support the domestic clean energy technology and
defense supply chains.

SEC. 6. DEFENSE-RELATED PRODUCTION OF RARE EARTHS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States faces a shortage of key rare earth
        materials that form the backbone of both the defense and energy
        supply chains; and
            (2) the urgent need to reestablish a domestic rare earth
        supply chain warrants a prioritization of projects under the
        Defense Production Act of 1950 (50 U.S.C. App. 2061 et seq.) to
        support the reestablishment of such a supply chain.
    (b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report describing past, current, and future projects under
the Defense Production Act of 1950 to support the domestic rare earth
supply chain. If no such project is in process or planned as of the
date of the report, the report shall include a justification for the
lack of projects to support a domestic rare earth supply chain,
particularly projects to establish or support domestic manufacturing
capability in critical segments of the rare earth market.

SEC. 7. SUPPORT FOR DOMESTIC RARE EARTH SUPPLY CHAIN.

    It is the sense of Congress that, in order to reestablish the
security of rare earth supplies within the United States, and
associated technologies--
            (1) there is a pressing need to support innovation,
        training, and workforce development in the domestic rare earth
        supply chain;
            (2) the Department of Energy, the Department of the
        Interior, the Department of Commerce, and the Department of
        Defense should each, utilizing funds available to such
        department for basic research and development, provide funds to
        academic institutions, Government laboratories, corporate
        research and development, not-for-profit research and
        development, and industry associations in support of
        innovation, training, and workforce development in the domestic
        rare earth supply chain; and
            (3) in providing funds under paragraph (2), the Department
        of Energy, the Department of the Interior, the Department of
        Commerce, and the Department of Defense should give priority to
        academic institutions, Government laboratories, corporations,
        not-for-profit entities, and industry associations that will
        utilize domestically produced rare earths and associated
        materials.

SEC. 8. RESTRICTIONS.

    (a) Limitation on Divestment of Facilities Created.--No recipient
of appropriated funds for the purposes of supporting the
reestablishment of a domestic rare earth supply chain, may divest any
resources or assets funded, whether in whole or in part, by such
appropriated funds to any foreign-owned or controlled entity without
the concurrence of the Secretary of Energy, the Secretary of Defense,
and the Secretary of Commerce.
    (b) Enhancing National Security.--Any recipient of appropriated
funds obtained in connection with the reestablishment of a domestic
rare earth supply chain shall be subject to the provisions of section
2538 of title 10, United States Code, in the utilization of such funds,
including with respect to any rare earth-related material sold by such
recipient in the commercial marketplace.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Alloy.--The terms ``alloy'' means a partial or complete
        solid solution of one or more elements in a metallic matrix.
            (2) Alloying.--The term ``alloying'' means the melting of
        metal to create a metallic matrix.
            (3) Clean energy technology.--The term ``clean energy
        technology'' means a technology related to the production, use,
        transmission, storage, control, or conservation of energy that
        will--
                    (A) reduce the need for additional energy supplies
                by using existing energy supplies with greater
                efficiency or by transmitting, distributing, or
                transporting energy with greater effectiveness through
                the infrastructure of the United States;
                    (B) diversify the sources of energy supply of the
                United States to strengthen energy security and to
                increase supplies with a favorable balance of
                environmental effects if the entire technology system
                is considered; or
                    (C) contribute to a stabilization of atmospheric
                greenhouse gas concentrations through reduction,
                avoidance, or sequestration of energy-related
                emissions.
            (4) Process.--The term ``process'', in the case of a rare
        earth oxide, means the conversion of the oxide into usable rare
        earth metals and specialty alloys and powders for domestic
        magnet and other manufacturing.
            (5) Rare earth.--The term ``rare earth''--
                    (A) means the chemical elements in the periodic
                table from lanthanum (atomic number 57) up to and
                including lutetium (atomic number 71); and
                    (B) includes the chemical elements yttrium and
                scandium.
            (6) Refine.--The term ``refine'', in the case of a rare
        earth extracted from rock, means the separation and
        purification of the rare earth to commercial grades of oxides
        or other salts such as oxalates or chlorides.

Summary: Rare Earths Supply Technology and Resources Transformation Act of 2010 or RESTART Act - Establishes within the Department of the Interior the Rare Earth Policy Task Force to monitor and assist federal agencies in expediting the review and approval of permits to accelerate the completion of projects that will increase investment in, exploration for, and development of domestic rare earths. Directs the Secretaries of the Interior and of Energy to assess and report to Congress on: (1) the domestic rare earth supply chain. (2) rare earth elements critical to clean energy technologies and the national security. And (3) whether critical rare earth materials should be stockpiled. Instructs the Secretary of Energy to: (1) report to industry describing available mechanisms for obtaining government loan guarantees to reestablish a domestic rare earth supply chain. And (2) issue guidance for the rare earth industry on obtaining federal loan guarantees. Directs the Secretary of Defense to report to Congress on past, current, and future projects to support the domestic rare earth supply chain. Expresses the sense of Congress that: (1) the United States faces a shortage of key rare earth materials that form the backbone of both the defense and energy supply chains. (2) the urgent need to reestablish a domestic rare earth supply chain warrants a statutory prioritization of projects to support such reestablishment. (3) there is a pressing need to support innovation, training, and workforce development in the domestic rare earth supply chain. And (4) the Departments of Energy, of the Interior, of Commerce, and of Defense should each provide funds to academic institutions, federal laboratories, and private entities for innovation, training, and workforce development in the domestic rare earth supply chain.

A bill to provide for the reestablishment of a domestic rare earths materials production and supply industry in the United States, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Investment and Empowerment
Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to assist with the economic growth of
economically disadvantaged communities that have potential for strong
Class 1 commercial investment, but continue to have a difficult time
recruiting Class 1 commercial investment.

SEC. 3. ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
              INVESTMENT IN UNDERSERVED COMMUNITIES.

    The Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.)
is amended by adding at the end the following new title:

 ``TITLE VI--ECONOMIC GROWTH, RETENTION, AND RECRUITMENT OF COMMERCIAL
          INVESTMENT IN ECONOMICALLY DISADVANTAGED COMMUNITIES

``SEC. 511. GRANT PROGRAM.

    ``(a) Authorization.--From amounts appropriated under section 513,
the Administrator shall make grants on a competitive basis to
communities for--
            ``(1) the creation of a grant and/or revolving loan fund
        program that helps develop financing packages for Class 1
        commercial investment;
            ``(2) lowering real estate property tax rates;
            ``(3) conducting community-wide market analysis to help
        recruit and/or retain Class 1 commercial investment;
            ``(4) creating employment training programs for Class 1
        business customer service, sales, and managerial positions;
            ``(5) retail marketing strategies to solicit new Class 1
        commercial investment starts in the community;
            ``(6) program allowances for activities such as the
        publication of marketing materials, development of economic
        development web pages, and educational outreach activities with
        retail trade associations; and
            ``(7) hiring business recruitment specialists.
    ``(b) Eligibility.--The Administrator may only make a grant under
subsection (a) to communities that--
            ``(1) demographics include--
                    ``(A) a median per capita income no higher than
                $35,000; and
                    ``(B) a lack of Class 1 commercial investment; and
            ``(2) submit an application at such time, in such form, and
        containing such information and assurances as the Administrator
        may require, including--
                    ``(A) a description of how the community through
                the activities the community carries out with the grant
                funds will recruit, retain and grow their economy
                through Class 1 commercial investment; and
                    ``(B) a description of the difficulty the community
                has faced recruiting, retaining and growing their
                economy through Class 1 commercial investment.
    ``(c) Matching Funds.--
            ``(1) In general.--The Administrator may not make a grant
        to a community under subsection (a) unless the community agrees
        that, with respect to the costs to be incurred by the community
        in carrying out the activities for which the grant is awarded,
        the community will make available non-Federal contributions in
        an amount equal to not less than 10 percent of the Federal
        funds provided under the grant.
            ``(2) Satisfying matching requirements.--The non-Federal
        contributions required under paragraph (1) may be--
                    ``(A) in cash or in-kind, including services,
                fairly evaluated; and
                    ``(B) from--
                            ``(i) any private source;
                            ``(ii) a State or local governmental
                        entity; or
                            ``(iii) a not-for-profit.
            ``(3) Waiver.--The Administrator may waive or reduce the
        non-Federal contribution required by paragraph (1) if the
        community involved demonstrates that the eligible entity cannot
        meet the contribution requirement due to financial hardship.
    ``(d) Limitations.--Funding appropriated under section 513 will be
allocated by the following formula--
            ``(1) no more than up to 5 percent of funds appropriated
        under section 513 shall go to administrative costs;
            ``(2) up to 70 percent of funding appropriated under
        section 513 shall go toward activities described in sections
        (a)(1) through (a)(4) after taking into account administrative
        costs under section (c)(1)(A); and
            ``(3) 30 percent of funding appropriated under section 513
        shall go toward activities described in sections (a)(5) through
        (a)(7) after taking into account administrative costs under
        section (c)(1)(A).

``SEC. 512. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) Community.--The term `community' means a governance
        structure that includes county, parish, city, village,
        township, district or borough.
            ``(2) Class 1 commercial investment.--The term `Class 1
        commercial investment' means retail grocery chains, food
        service retailers, restaurants and franchises, retail stores,
        cafes, shopping malls, and other shops.
            ``(3) Economically underserved community.--The term
        `economically underserved community' means an area suffering
        from low income and resultant low purchasing power, limiting
        its ability to generate sufficient goods and services to be
        used in exchange with other areas to meet current consumption
        needs.

``SEC. 513. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Administrator to
carry out section 511(a) $40,000,000 for each of fiscal years 2014
through 2019.''.

Summary: Community Investment and Empowerment Act - Amends the Small Business Investment Act of 1958 to authorize the Administrator of the Small Business Administration (SBA) to make grants on a competitive basis to communities for: the creation of a grant andor revolving loan fund program that helps develop financing packages for Class 1 commercial investment, lowering real estate property tax rates. Conducting community-wide market analysis to help recruit andor retain Class 1 commercial investment. Creating employment training programs for Class 1 business customer service, sales, and managerial positions. Retail marketing strategies to solicit new Class 1 commercial investment starts in the community. Program allowances for activities such as the publication of marketing materials, development of economic development web pages, and educational outreach activities with retail trade associations. And hiring business recruitment specialists. Authorizes the Administrator to only make such a grant to communities: (1) whose demographics include a median per capita income no higher than $35,000 and a lack of Class 1 commercial investment. (2) that submit an application that describes the activities the community carries out, and the difficulty the community has faced, to recruit, retain and grow their economy through Class 1 commercial investment. And (3) that agree to match 10 of grant funds with certain non-federal contributions. Allows the Administrator to waive or reduce the non-federal contribution if the community involved demonstrates that it cannot meet the contribution requirement due to financial hardship.


SECTION 1. RESOURCE STAFF FOR STUDENTS.

    Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et. seq) is amended by adding at the end the following:

                 ``PART L--RESOURCE STAFF FOR STUDENTS

``SEC. 10993. FINDINGS.

    ``Congress finds the following:
            ``(1) Although 7,500,000 children under the age of 18
        require mental health services, fewer than 1 in 5 of these
        children receive the services.
            ``(2) Across the United States, counseling professionals
        have an extremely busy caseload and often students do no get
        the help they need. The current national average ratio of
        students to counselors in elementary and secondary schools is
        513:1.
            ``(3) Schools in the United States need more mental health
        professionals, and the funds needed to hire staff to
        specifically serve students.
            ``(4) The maximum recommended ratio of students-to-
        counselors is 250:1.
            ``(5) Existing counselors are severely taxed to perform
        duties that are largely administrative in nature, such as
        scheduling. They are burdened with many demands regarding
        placement in colleges, texting, career guidance, and the like.
            ``(6) Student populations are expected to grow
        significantly over the next few years. School-based services
        for students will be in great demand. With expected large scale
        retirements, more than 100,000 new dedicated resource staff for
        students will be needed to increase student-to-staff service
        availability.
            ``(7) The Federal support for reducing the student-to-staff
        ratio would pay for itself, through reduced violence and
        substance abuse, and through improvements in students' academic
        achievement.

``SEC. 10994. PURPOSE.

    ``The purpose of this part is to assist States and local
educational agencies recruit, train, and hire 100,000 school-based
resource staff to specifically work with students--
            ``(1) to reduce the student-to-counseling ratios
        nationally, in grades 6-12, to an average of 1 such staff for
        every 250 students as recommended in a report by the Institute
        of Medicine of the National Academy of Sciences relating to
        schools and health, issued in 1997;
            ``(2) to help address the mental, emotional, and
        developmental needs of public school students; and
            ``(3) to support other school staff and teachers in
        reaching students early before problems arise, conducting
        behavioral interventions to improve school discipline, and
        developing the awareness and skills to identify early warning
        signs of violence and the need for mental health services.

``SEC. 10995. STUDENT RESOURCE STAFF PROGRAM.

    ``(a) In General.--The Secretary shall award grants under this
section to establish or expand the number of resource staff available
for students' needs.
            ``(1) Distribution.--In awarding grants under this section,
        the Secretary shall allocate funds proportionately based on the
        population that is less than 18 years of age in the States.
            ``(2) Duration.--A grant under this section shall be
        awarded for a period not to exceed three years.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a
        grant under this section shall submit an application to the
        Secretary at such time, in such manner, and accompanied by such
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application for a grant under this
        section shall--
                    ``(A) describe the secondary public school
                population to be targeted by the program, the
                particular personal, social, emotional, education, and
                career development needs of such population, and the
                current school counseling resources available for
                meeting such needs;
                    ``(B) describe the activities, services, and
                training to be provided by the program and the specific
                approaches to be used to meet the needs described in
                subparagraph (A);
                    ``(C) describe the methods to be used to evaluate
                the outcomes and effectiveness of the program;
                    ``(D) document that the applicant has the personnel
                qualified to develop, implement, and administer the
                program;
                    ``(E) assure that the funds made available under
                this part for any fiscal year will be used to
                supplement and, to the extent practicable, increase the
                level of funds that would otherwise be available from
                non-Federal sources for the program described in the
                application, and in no case supplant such funds from
                non-Federal sources.
    ``(c) Use of Funds.--Grants funds under this section shall be used
to initiate or expand student resource staff programs that comply with
the purpose under section 10994.
    ``(d) Definitions.--For purposes of this part the term `resource
staff' means an individual who has documented competence and training
in mental health to be able to provide services to children and
adolescents in a school setting and who--
            ``(1) possesses State licensure or certification in mental
        health granted by an independent professional regulatory
        authority;
            ``(2) in the absence of such State licensure or
        certification, possesses national certification in mental
        health or in a related specialty granted by an independent
        professional organization; or
            ``(3) holds a minimum of a master's degree in school
        counseling from a program accredited by the Council for
        Accreditation of Counseling and Related Educational Programs or
        the equivalent; or
            ``(4) possesses a minimum of 60 graduate semester hours in
        school psychology from an institution of higher education and
        has completed 1,200 clock hours in a supervised school
        psychology internship, of which 600 hours shall be in the
        school setting, and possesses State licensure or certification
        in school psychology in the State in which the individual
        works; or
            ``(5) holds a master's degree in social work and is
        licensed or certified by the State in which services are to be
        provided or holds a school social work specialist credential.
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $3,500,000,000 for fiscal year
2000; $3,150,000,000 for fiscal year 2001; $2,800,000,000 for fiscal
year 2002; $2,800,000,000 for fiscal year 2003; and $2,800,000,000 for
fiscal year 2004 for the hiring of student resource staff.''.

Summary: Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to assist States and local educational agencies (LEAs) to recruit, train, and hire 100,000 school-based resource staff to work with students to: (1) reduce the student-to-counselor ratios nationally, in grades six through 12, to an average of one such staff for every 250 students, as recommended in a 1997 report by the Institute of Medicine of the National Academy of Sciences relating to schools and health. (2) help address the mental, emotional, and developmental needs of public school students. And (3) support other school staff and teachers in reaching students early before problems arise, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. Directs the Secretary of Education to make such grants, for up to three years for each grant, to establish or expand the number of resource staff available for students' needs . Requires such grant funds to be allocated on the basis of relative State population under 18 years of age. Sets forth requirements for LEA grant applications and uses of funds. Provides that resource staff means an individual who has documented competence and training in mental health to be able to provide services to children and adolescents in a school setting and who has specified types of licensure, certification, or educational qualifications. Authorizes appropriations for FY 2000 through 2004 for such program.

To provide grants to States and local educational agencies to recruit, train, and hire 100,000 school-based resource staff to help students deal with personal state of mind problems.


SECTION 1. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Oil Region
National Heritage Area Act''.
    (b) Definitions.--For the purposes of this Act, the following
definitions shall apply:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Oil Region National Heritage Area established in section 3(a).
            (2) Management entity.--The term ``management entity''
        means the Oil Heritage Region, Inc., or its successor entity.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Oil Region of Northwestern Pennsylvania, with
        numerous sites and districts listed on the National Register of
        Historic Places, and designated by the Governor of Pennsylvania
        as one of the State Heritage Park Areas, is a region with
        tremendous physical and natural resources and possesses a story
        of State, national, and international significance.
            (2) The single event of Colonel Edwin Drake's drilling of
        the world's first successful oil well in 1859 has affected the
        industrial, natural, social, and political structures of the
        modern world.
            (3) Six national historic districts are located within the
        State Heritage Park boundary, in Emlenton, Franklin, Oil City,
        and Titusville, as well as 17 separate National Register sites.
            (4) The Allegheny River, which was designated as a
        component of the national wild and scenic rivers system in 1992
        by Public Law 102-271, traverses the Oil Region and connects
        several of its major sites, as do some of the river's
        tributaries such as Oil Creek, French Creek, and Sandy Creek.
            (5) The unspoiled rural character of the Oil Region
        provides many natural and recreational resources, scenic
        vistas, and excellent water quality for people throughout the
        United States to enjoy.
            (6) Remnants of the oil industry, visible on the landscape
        to this day, provide a direct link to the past for visitors, as
        do the historic valley settlements, riverbed settlements,
        plateau developments, farmlands, and industrial landscapes.
            (7) The Oil Region also represents a cross section of
        American history associated with Native Americans, frontier
        settlements, the French and Indian War, African Americans and
        the Underground Railroad, and immigration of Swedish and Polish
        individuals, among others.
            (8) Involvement by the Federal Government shall serve to
        enhance the efforts of the Commonwealth of Pennsylvania, local
        subdivisions of the Commonwealth of Pennsylvania, volunteer
        organizations, and private businesses, to promote the cultural,
        national, and recreational resources of the region in order to
        fulfill their full potential.
    (b) Purpose.--The purpose of this Act is to enhance a cooperative
management framework to assist the Commonwealth of Pennsylvania, its
units of local government, and area citizens in conserving, enhancing,
and interpreting the significant features of the lands, water, and
structures of the Oil Region, in a manner consistent with compatible
economic development for the benefit and inspiration of present and
future generations in the Commonwealth of Pennsylvania and the United
States.

SEC. 3. OIL REGION NATIONAL HERITAGE AREA.

    (a) Establishment.--There is hereby established the Oil Region
National Heritage Area.
    (b) Boundaries.--The boundaries of the Heritage Area shall include
all of those lands depicted on a map entitled ``Oil Region National
Heritage Area'', numbered OIRE/20,000 and dated October, 2000. The map
shall be on file in the appropriate offices of the National Park
Service. The Secretary of the Interior shall publish in the Federal
Register, as soon as practical after the date of the enactment of this
Act, a detailed description and map of the boundaries established under
this subsection.
    (c) Management Entity.--The management entity for the Heritage Area
shall be the Oil Heritage Region, Inc., the locally based private,
nonprofit management corporation which shall oversee the development of
a management plan in accordance with section 5(b).

SEC. 4. COMPACT.

    To carry out the purposes of this Act, the Secretary shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including a discussion of the goals and objectives of the Heritage
Area, including an explanation of the proposed approach to conservation
and interpretation and a general outline of the protection measures
committed to by the Secretary and management entity.

SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT
              ENTITY.

    (a) Authorities of the Management Entity.--The management entity
may use funds made available under this Act for purposes of preparing,
updating, and implementing the management plan developed under
subsection (b). Such purposes may include--
            (1) making grants to, and entering into cooperative
        agreements with, States and their political subdivisions,
        private organizations, or any other person;
            (2) hiring and compensating staff; and
            (3) undertaking initiatives that advance the purposes of
        the Heritage Area.
    (b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that--
            (1) presents comprehensive strategies and recommendations
        for conservation, funding, management, and development of the
        Heritage Area;
            (2) takes into consideration existing State, county, and
        local plans and involves residents, public agencies, and
        private organizations working in the Heritage Area;
            (3) includes a description of actions that units of
        government and private organizations have agreed to take to
        protect the resources of the Heritage Area;
            (4) specifies the existing and potential sources of funding
        to protect, manage, and develop the Heritage Area;
            (5) includes an inventory of the resources contained in the
        Heritage Area, including a list of any property in the Heritage
        Area that is related to the themes of the Heritage Area and
        that should be preserved, restored, managed, developed, or
        maintained because of its natural, cultural, historic,
        recreational, or scenic significance;
            (6) describes a program for implementation of the
        management plan by the management entity, including plans for
        restoration and construction, and specific commitments for that
        implementation that have been made by the management entity and
        any other persons for the first 5 years of implementation;
            (7) lists any revisions to the boundaries of the Heritage
        Area proposed by the management entity and requested by the
        affected local government; and
            (8) includes an interpretation plan for the Heritage Area.
    (c) Deadline; Termination of Funding.--
            (1) Deadline.--The management entity shall submit the
        management plan to the Secretary within 2 years after the funds
        are made available for this Act.
            (2) Termination of funding.--If a management plan is not
        submitted to the Secretary in accordance with this subsection,
        the management entity shall not qualify for Federal assistance
        under this Act.
    (d) Duties of Management Entity.--The management entity shall--
            (1) give priority to implementing actions set forth in the
        compact and management plan;
            (2) assist units of government, regional planning
        organizations, and nonprofit organizations in--
                    (A) establishing and maintaining interpretive
                exhibits in the Heritage Area;
                    (B) developing recreational resources in the
                Heritage Area;
                    (C) increasing public awareness of and appreciation
                for the natural, historical, and architectural
                resources and sites in the Heritage Area;
                    (D) the restoration of any historic building
                relating to the themes of the Heritage Area;
                    (E) ensuring that clear signs identifying access
                points and sites of interest are put in place
                throughout the Heritage Area; and
                    (F) carrying out other actions that the management
                entity determines to be advisable to fulfill the
                purposes of this Act;
            (3) encourage by appropriate means economic viability in
        the Heritage Area consistent with the goals of the management
        plan;
            (4) consider the interests of diverse governmental,
        business, and nonprofit groups within the Heritage Area; and
            (5) for any year in which Federal funds have been provided
        to implement the management plan under subsection (b)--
                    (A) conduct public meetings at least annually
                regarding the implementation of the management plan;
                    (B) submit an annual report to the Secretary
                setting forth accomplishments, expenses and income, and
                each person to which any grant was made by the
                management entity in the year for which the report is
                made; and
                    (C) require, for all agreements entered into by the
                management entity authorizing expenditure of Federal
                funds by any other person, that the person making the
                expenditure make available to the management entity for
                audit all records pertaining to the expenditure of such
                funds.
    (e) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this Act to
acquire real property or an interest in real property.

SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Technical and Financial Assistance.--
            (1) In general.--
                    (A) Overall assistance.--The Secretary may, upon
                the request of the management entity, and subject to
                the availability of appropriations, provide technical
                and financial assistance to the management entity to
                carry out its duties under this Act, including updating
                and implementing a management plan that is submitted
                under section 5(b) and approved by the Secretary and,
                prior to such approval, providing assistance for
                initiatives.
                    (B) Other assistance.--If the Secretary has the
                resources available to provide technical assistance to
                the management entity to carry out its duties under
                this Act (including updating and implementing a
                management plan that is submitted under section 5(b)
                and approved by the Secretary and, prior to such
                approval, providing assistance for initiatives), upon
                the request of the management entity the Secretary
                shall provide such assistance on a reimbursable basis.
                This subparagraph does not preclude the Secretary from
                providing nonreimbursable assistance under subparagraph
                (A).
            (2) Priority.--In assisting the management entity, the
        Secretary shall give priority to actions that assist in the--
                    (A) implementation of the management plan;
                    (B) provision of educational assistance and advice
                regarding land and water management techniques to
                conserve the significant natural resources of the
                region;
                    (C) development and application of techniques
                promoting the preservation of cultural and historic
                properties;
                    (D) preservation, restoration, and reuse of
                publicly and privately owned historic buildings;
                    (E) design and fabrication of a wide range of
                interpretive materials based on the management plan,
                including guide brochures, visitor displays, audio-
                visual and interactive exhibits, and educational
                curriculum materials for public education; and
                    (F) implementation of initiatives prior to approval
                of the management plan.
            (3) Documentation of structures.--The Secretary, acting
        through the Historic American Building Survey and the Historic
        American Engineering Record, shall conduct studies necessary to
        document the industrial, engineering, building, and
        architectural history of the Heritage Area.
    (b) Approval and Disapproval of Management Plans.--The Secretary,
in consultation with the Governor of Pennsylvania, shall approve or
disapprove a management plan submitted under this Act not later than 90
days after receiving such plan. In approving the plan, the Secretary
shall take into consideration the following criteria:
            (1) The extent to which the management plan adequately
        preserves and protects the natural, cultural, and historical
        resources of the Heritage Area.
            (2) The level of public participation in the development of
        the management plan.
            (3) The extent to which the board of directors of the
        management entity is representative of the local government and
        a wide range of interested organizations and citizens.
    (c) Action Following Disapproval.--If the Secretary disapproves a
management plan, the Secretary shall advise the management entity in
writing of the reasons for the disapproval and shall make
recommendations for revisions in the management plan. The Secretary
shall approve or disapprove a proposed revision within 90 days after
the date it is submitted.
    (d) Approving Changes.--The Secretary shall review and approve
amendments to the management plan under section 5(b) that make
substantial changes. Funds appropriated under this Act may not be
expended to implement such changes until the Secretary approves the
amendments.
    (e) Effect of Inaction.--If the Secretary does not approve or
disapprove a management plan, revision, or change within 90 days after
it is submitted to the Secretary, then such management plan, revision,
or change shall be deemed to have been approved by the Secretary.

SEC. 7. DUTIES OF OTHER FEDERAL ENTITIES.

    Any Federal entity conducting or supporting activities directly
affecting the Heritage Area shall--
            (1) consult with the Secretary and the management entity
        with respect to such activities;
            (2) cooperate with the Secretary and the management entity
        in carrying out their duties under this Act and, to the maximum
        extent practicable, coordinate such activities with the
        carrying out of such duties; and
            (3) to the maximum extent practicable, conduct or support
        such activities in a manner that the management entity
        determines shall not have an adverse effect on the Heritage
        Area.

SEC. 8. SUNSET.

    The Secretary may not make any grant or provide any assistance
under this Act after the expiration of the 15-year period beginning on
the date that funds are first made available for this Act.

SEC. 9. REQUIREMENTS FOR INCLUSION OF PRIVATE
              PROPERTY.

    (a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent for such preservation, conservation, or
promotion to the management entity.
    (b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have their property
immediately removed from the boundary by submitting a written request
to the management entity.

SEC. 10. PRIVATE PROPERTY PROTECTION.

    (a) Access to Private Property.--Nothing in this Act shall be
construed to--
            (1) require any private property owner to allow public
        access (including Federal, State, or local government access)
        to such private property; or
            (2) modify any provision of Federal, State, or local law
        with regard to public access to or use of private property.
    (b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on such private property.
    (c) Recognition of Authority To Control Land Use.--Nothing in this
Act shall be construed to modify the authority of Federal, State, or
local governments to regulate land use.
    (d) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
    (e) Effect of Establishment.--The boundaries designated for the
Heritage Area represent the area within which Federal funds
appropriated for the purpose of this Act may be expended. The
establishment of the Heritage Area and its boundaries shall not be
construed to provide any nonexisting regulatory authority on land use
within the Heritage Area or its viewshed by the Secretary, the National
Park Service, or the management entity.

SEC. 11. USE OF FEDERAL FUNDS FROM OTHER SOURCES.

    Nothing in this Act shall preclude the management entity from using
Federal funds available under Acts other than this Act for the purposes
for which those funds were authorized.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry
out this Act--
            (1) not more than $1,000,000 for any fiscal year; and
            (2) not more than a total of $10,000,000.
    (b) 50 Percent Match.--Financial assistance provided under this Act
may not be used to pay more than 50 percent of the total cost of any
activity carried out with that assistance.

Summary: Oil Region National Heritage Area Act - Establishes the Oil Region National Heritage Area in Pennsylvania. Designates the Oil Heritage Region, Inc. to be the management entity for the Area. Directs such entity to: (1) prepare and implement a management plan for the Area, which shall be approved or disapproved by the Secretary of the Interior. (2) assist local governments, regional planning organizations, and nonprofit organizations in establishing and maintaining interpretive exhibits, developing recreational resources, and restoring historic buildings in the Area. And (3) encouraging economic viability in the Area. Prohibits such entity from using Federal funds under this Act to acquire real property. Authorizes the Secretary to provide technical and financial assistance to such entity. Directs the Secretary, acting through the Historic American Building Survey and the Historic American Engineering Record, to conduct studies to document the industrial, engineering, building, and architectural history of the Area. Prohibits any privately owned property from being preserved, conserved, or promoted by the management plan until the owner has been notified and has consented. Requires removal of private property from Area boundaries upon the owner's request. Authorizes appropriations. Limits the Federal assistance match to 50 percent of any activity's total cost.

To establish the Oil Region National Heritage Area.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Our Nation's Trade, Infrastructure,
Mobility, and Efficiency Act of 2007'' or the ``ON TIME Act of 2007''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The growth in international trade, particularly
        containerized trade, is placing pressure on the nation's
        transportation network and influences traffic congestion in the
        areas surrounding the major United States-international
        gateways.
            (2) From 2000 to 2005, the value of international trade
        rose from approximately $2,000,000,000,000 to
        $2,600,000,000,000, while the number of containerized trade
        shipments rose over the same period from approximately
        59,000,000 20-foot equivalent units to 81,000,000 20-foot
        equivalent units.
            (3) Existing trade agreements, in addition to potential
        future agreements, foreshadow an even greater increase in
        international trade and further increases of freight shipments
        congestion.
            (4) In addition to being a member of the World Trade
        Organization, the United States has agreed to 11 free trade
        agreements and is in various stages of negotiation with 4
        different countries and multi-lateral organizations with
        regards to other potential free trade agreements.
            (5) Traffic congestion continues to worsen in United States
        cities of all sizes, causing Americans to waste 4,200,000,000
        hours in traffic and to purchase an extra 2,900,000,000 gallons
        of fuel for a congestion cost of $78,000,000,000 per year.
            (6) More than 200 freight bottlenecks are costing the goods
        movement industry $8,000,000,000 in economic losses annually
        and 243,000,000 hours of delay and lost productivity each year.
            (7) To simply maintain the current conditions and traffic
        levels of service of our transportation system, all levels of
        government must have invested $235,000,000,000 in 2006 and must
        invest $304,000,000,000 in 2015 and $472,000,000,000 in 2030.
            (8) To improve the current conditions and traffic levels of
        service of our transportation system to a level that benefits
        the Nation's economic productivity, all levels of government
        must have invested $288,000,000,000 in 2006 and must invest
        $368,000,000,000 in 2015 and $561,000,000,000 in 2030.
    (b) Purposes.--The purposes of this Act are to--
            (1) address major transportation investment needs in
        national trade gateway corridors;
            (2) reduce freight congestion along current and future
        trade corridors and provide congestion mitigation along surface
        transportation routes that are or will be congested as a result
        of current or future growth in international trade; and
            (3) develop corridors that will increase freight
        transportation system reliability and enhance the quality of
        life for United States citizens.

SEC. 3. ESTABLISHMENT AND COLLECTION OF NATIONAL TRADE GATEWAY CORRIDOR
              FEE.

    (a) Import Fee.--
            (1) Establishment.--Not later than 180 days after the date
        of enactment of this Act, the Secretary of Transportation shall
        issue regulations that establish a national trade gateway
        corridor fee on each article that is imported into the United
        States in commerce.
            (2) Amount.--
                    (A) In general.--The amount of the fee on each
                article that is imported into the United States in
                commerce shall be equal to .075 percent of the value of
                the article that is subject to the fee or $500,
                whichever is less.
                    (B) Value defined.--For purposes of subparagraph
                (A), the term ``value'' has the meaning given the term
                in section 402 of the Tariff Act of 1930 (19 U.S.C.
                1401a).
            (3) Collection.--The Secretary of Transportation, in
        consultation with the Secretary of Homeland Security, shall
        assess and collect the fee for carrying out eligible projects
        in the transportation trade corridors for the Customs port of
        unloading of the article that is imported into the United
        States in commerce.
            (4) Deposit.--Amounts received by the United States in the
        form of the fee shall be deposited in the account established
        by subsection (c).
            (5) Termination of fee.--The fee established under this
        subsection shall not apply after the expiration of fiscal year
        2017.
    (b) Export Fee.--
            (1) Establishment.--The Secretary of Transportation, in
        consultation with the Secretary of Homeland Security and the
        Secretary of Commerce, shall issue regulations that establish a
        national trade gateway corridor fee on each article that
        exported from the United States in commerce.
            (2) Amount.--
                    (A) In general.--The amount of the fee on each
                article that is exported from the United States in
                commerce shall be equal to .075 percent of the value of
                the article that is subject to the fee or $500,
                whichever is less.
                    (B) Value defined.--For purposes of subparagraph
                (A), the term ``value'' has the meaning given the term
                in section 30.7(q) of title 15, Code of Federal
                Regulations.
            (3) Collection.--The Secretary of Transportation, in
        consultation with the Secretary of Homeland Security and the
        Secretary of Commerce, shall assess and collect the fee for
        carrying out eligible projects in the transportation trade
        corridors for the Customs port of loading of the article that
        is exported from the United States in commerce.
            (4) Deposit.--Amounts received by the United States in the
        form of the fee shall be deposited in the account established
        by subsection (c).
            (5) Termination of fee.--The fee established under this
        subsection shall not apply after the expiration of fiscal year
        2017.
    (c) Account.--
            (1) Establishment.--There is established in the Treasury a
        separate account for the deposit of fees under this section,
        which shall be known as the ``National Trade Gateway Corridor
        Fund''.
            (2) Contents.--The account shall consist of amounts
        deposited into the account under subsections (a) and (b).
            (3) Use.--Amounts in the account shall be available to the
        Secretary of Transportation, as provided in appropriations Acts
        enacted after the date of the enactment of this Act, for making
        expenditures before October 1, 2018, to meet the obligations of
        the United States to carry out this Act.

SEC. 4. APPORTIONMENT OF FUNDS.

    (a) Administrative Expenses.--The Secretary of Transportation shall
set aside 2 percent of the amount authorized to be appropriated, from
the National Trade Gateway Corridor Fund established by section 3(c),
to carry out this Act for each fiscal year to pay the cost of
collecting fees on imports and exports under section 3.
    (b) Apportionment.--
            (1) In general.--After the set-aside under subsection (a),
        the Secretary shall apportion amounts remaining available of
        the amount authorized to be appropriated, from the National
        Trade Gateway Corridor Fund established by section 3, for a
        fiscal year to carry out this Act to State departments of
        transportation in the form of grants for carrying out eligible
        projects in the transportation trade corridors for the Customs
        ports of entry with respect to which fees were collected under
        section 3 in the preceding fiscal year in the ratio that--
                    (A) the amount the fees collected for each Customs
                port of entry under section 3 during the preceding
                fiscal year; bears to
                    (B) the aggregate amount of fees collected for all
                Customs ports of entry under section 3 during the
                preceding fiscal year.
            (2) Corridor to more than one state.--If a transportation
        trade corridor is within the boundaries of more than one State,
        the Secretary shall apportion the funds apportioned under
        paragraph (1) for carrying out eligible projects in such
        corridor among such States as follows:
                    (A) 50 percent of the apportionment in the ratio
                that--
                            (i) the total lane miles of Federal-aid
                        highways in the transportation trade corridor
                        in each of such States; bears to
                            (ii) the total lane miles of Federal-aid
                        highways in the transportation trade corridor
                        in all of such States.
                    (B) 50 percent of the apportionments in the ratio
                that--
                            (i) the total vehicle miles traveled on
                        lanes on Federal-aid highways in the
                        transportation trade corridor in each of such
                        States; bears to
                            (ii) the total vehicle miles traveled on
                        lanes on Federal-aid highways in the
                        transportation trade corridor in all of such
                        States.
            (3) Period of availability.--Amounts granted to a State
        department of transportation for carrying out an eligible
        project in a transportation trade corridor from amounts
        apportioned under this subsection shall remain available for
        obligation for a period of 6 years after the last day of the
        fiscal year for which the funds are authorized to be
        appropriated. Any amounts so apportioned that remain
        unobligated at the end of that period shall be allocated to
        other States for the purpose of funding eligible projects
        located in transportation trade corridors at the discretion of
        the Secretary.

SEC. 5. PROJECT SELECTION AND ELIGIBILITY.

    (a) Selection Process Guidelines.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Transportation
shall issue project selection guidelines for a State department of
transportation to follow in selecting eligible projects for which
grants may be made under this Act.
    (b) Minimum Requirements.--The selection guidelines issued by the
Secretary under this section shall include a requirement that a State
department of transportation--
            (1) consult with local governments, port authorities,
        regional planning organizations, public and private freight
        shippers, and providers of freight transportation services
        during the project selection process;
            (2) adhere to applicable metropolitan and statewide
        planning processes, including sections 134 and 135 of title 23,
        United States Code, in selecting projects for which grants may
        be made under this Act;
            (3) develop and implement a selection process that is in
        writing and available to the public;
            (4) develop and implement a process for rating proposed
        projects for which grants may be made under this Act in
        accordance with the purposes of this Act; and
            (5) clearly identify the basis for rating projects under
        the ratings process the State department of transportation
        developed under paragraph (4).

SEC. 6. GRANT PROGRAM.

    (a) In General.--The Secretary of Transportation may make a grant
under this Act to a State department of transportation having
jurisdiction over an area located in a transportation trade corridor.
    (b) Secretarial Approval.--A grant may only be made under this Act
for an eligible project.
    (c) Construction Standards.--A project to be carried out with
assistance under this Act that is for a highway that is on a Federal-
aid system (as defined in section 101 of title 23, United States Code)
shall be constructed to the same standards that would apply if such
project was being carried out with assistance under chapter 1 of title
23, United States Code.
    (d) Federal Share.--
            (1) In general.--The Federal share of the cost of an
        eligible project for which a grant is made under this Act shall
        be 80 percent.
            (2) Non-federal share.--The non-Federal share of the cost
        of an eligible project for which a grant is made under this Act
        may not be provided from Federal funds made available under any
        other law (including funds from the Highway Trust Fund).
    (e) Prevailing Rate of Wage.--Section 113 of title 23, United
States Code, shall apply to an eligible project being carried out with
assistance provided under this section in the same manner and to the
same extent as such would apply if such project was being carried out
with assistance provided under chapter 1 of such title.

SEC. 7. TRANSPORTATION TRADE CORRIDORS.

    (a) Establishment.--The Secretary of Transportation, in
consultation with the Secretary of Commerce, shall establish--
            (1) a transportation trade corridor for each Customs port
        of entry, for which fees were collected under section 3 in the
        preceding fiscal year, in accordance with subsection (b); and
            (2) the boundaries of the transportation trade corridor for
        such port of entry.
    (b) Criteria for Establishment of Corridors.--A transportation
trade corridor--
            (1) may include areas in more than one State if the States
        are contiguous;
            (2) may not extend more than 300 miles from the Customs
        port of entry for which it is established; and
            (3) may only include areas that are used for motor vehicle
        and cargo movements related to international trade.
    (c) Multiple Ports of Entry.--The Secretary of Transportation may
establish under this section a single transportation trade corridor for
multiple ports of entry located in close proximity to one another.
    (d) Deadline for Establishment of Proposed Corridors.--Not later
than 180 days after the date of enactment of this Act, the Secretary of
Transportation shall publish in the Federal Register the boundaries of
the transportation trade corridors the Secretary proposes to establish
under this section.
    (e) Comment Period.--The Secretary of Transportation shall provide
a period of 45 days for comments to be made to the Secretary by the
public, and for holding such hearings as the Secretary determines are
appropriate to receive comments, concerning the boundaries of the
transportation trade corridors proposed by the Secretary under
subsection (c).
    (f) Deadline for Establishment of Final Corridors.--Not later than
one year after date of enactment of this Act, the Secretary of
Transportation shall publish in the Federal Register the boundaries of
the transportation trade corridors the Secretary is establishing under
this section.
    (g) Periodic Reviews and Modifications.--During 60-day period
ending on September 30 before each fiscal year after the first fiscal
year for which funds are authorized to be appropriated to carry out
this Act, the Secretary of Transportation may conduct such reviews,
hold such hearings, and take such other actions as may be necessary to
ensure that--
            (1) there is a transportation trade corridor for each
        Customs port of entry for which fees were collected under
        section 3 in the preceding fiscal year; and
            (2) the boundaries of such corridor are appropriate to
        carry out the objectives of this Act.

SEC. 8. REGULATIONS.

    Not later than one year after date of enactment of this Act, the
Secretary of Transportation shall issue regulations to carry out the
objectives of this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated from the
National Trade Gateway Corridor Fund established by section 3 to carry
out this Act for each of fiscal years 2009 through 2018 such sums as
were deposited in the Fund during the preceding fiscal year under
section 3.
    (b) Date Available for Obligation.--Authorizations from the
separate account to carry out this Act shall be available for
obligation on October 1 of the fiscal year for which they are
authorized.
    (c) Grants as Contractual Obligations.--A grant for a highway
project under this Act that is approved by the Secretary is a
contractual obligation of the Government to pay the Federal share of
the cost of the project.

SEC. 10. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Eligible project.--The term ``eligible project''
        means--
                    (A) a project or activity eligible for assistance
                under chapter 1 of title 23, United States Code; and
                    (B) a project for construction of or improvements
                to a publicly owned intermodal freight transfer
                facility, for providing access to such a facility, or
                for making operational improvements to such a facility
                (including capital investment for an intelligent
                transportation system); except that a project located
                within the boundaries of a port terminal shall only
                include the surface transportation infrastructure
                modifications necessary to facilitate direct intermodal
                interchange, transfer, and access into and out of the
                port.
            (2) Federal-aid highway.--The term ``Federal-aid highway''
        has the meaning such term has under section 101 of title 23,
        United States Code.
            (3) State.--The term ``State'' means any of the 50 States,
        the District of Columbia, and Puerto Rico.
            (4) State department of transportation.--The term ``State
        department of transportation'' has the meaning such term has
        under section 101 of title 23, United States Code.
            (5) United states.--The term ``United States'' means the 50
        States, the District of Columbia, and Puerto Rico.

Summary: Our Nation's Trade, Infrastructure, Mobility, and Efficiency Act of 2007 or the ON TIME Act of 2007 - Declares that it is the purpose of this Act to: (1) address major transportation investment needs in national trade gateway corridors. (2) reduce freight congestion along current and future trade corridors along surface transportation routes that are or will be congested as a result of current or future growth in international trade. And (3) develop corridors that will increase freight transportation system reliability. Directs the Secretary of Transportation (Secretary) to assess and collect a national trade gateway corridor fee on each article imported into, and exported from, the United States. Requires collected fees to be deposited in the National Trade Gateway Corridor Fund for projects in the transportation trade corridors for the Customs port of unloading of imported, or loading of exported, articles. Sets forth requirements with respect to: (1) the allocation of Fund amounts in the form of grants to state departments of transportation to carry out eligible projects in the corridors for the Customs ports of entry. And (2) project selection and eligibility. Requires the Secretary to establish a transportation trade corridor for each Customs port of entry where fees are collected.

To direct the Secretary of Transportation to establish and collect a fee based on the fair market value of articles imported into the United States and articles exported from the United States in commerce and to use amounts collected from the fee to make grants to carry out certain transportation projects in the transportation trade corridors for which the fee is collected, and for other purposes.


SECTION 1. NATIONAL GUARD SUPPORT FOR BORDER CONTROL ACTIVITIES.

    (a) Operation Jump Start.--
            (1) In general.--Not fewer than 6,000 National Guard
        personnel shall continue to be deployed along the international
        border between the United States and Mexico under Operation
        Jump Start until the date on which the Federal Government has
        achieved operational control of such border (as defined in
        section 2(b) of the Secure Fence Act of 2006 (Public Law 109-
        367)).
            (2) Exemption.--National Guard personnel deployed pursuant
        to paragraph (1) shall not be included in the calculation to
        determine compliance with--
                    (A) limits on end strength; or
                    (B) limits on the number of National Guard personal
                that may be placed on active duty for operational
                support.
    (b) Support Authorized.--Chapter 1 of title 32, United States Code,
is amended by inserting after section 112 the following:
``Sec. 112a. Border control activities
    ``(a) Funding Assistance.--The Secretary of Defense may provide
funds to the Governor of a State who submits to the Secretary a State
border control activities plan satisfying the requirements of
subsection (c). Such funds shall be used for the following:
            ``(1) The pay, allowances, clothing, subsistence,
        gratuities, travel, and related expenses, as authorized by
        State law, of personnel of the National Guard of that State
        used, while not in Federal service, for the purpose of border
        control activities.
            ``(2) The operation and maintenance of the equipment and
        facilities of the National Guard of that State used for the
        purpose of border control activities.
            ``(3) The procurement of services and equipment, and the
        leasing of equipment, for the National Guard of that State used
        for the purpose of border control activities. However, the use
        of such funds for the procurement of equipment may not exceed
        $5,000 per item, unless approval for procurement of equipment
        in excess of that amount is granted in advance by the Secretary
        of Defense.
    ``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel
of the National Guard of a State may, in accordance with the State
border control activities plan referred to in subsection (c), be
ordered to perform full-time National Guard duty under section 502(f)
of this title for the purpose of carrying out border control
activities.
    ``(2)(A) A member of the National Guard serving on full-time
National Guard duty under orders authorized under paragraph (1) shall
participate in the training required under section 502(a) of this title
in addition to the duty performed for the purpose authorized under that
paragraph. The pay, allowances, and other benefits of the member while
participating in the training shall be the same as those to which the
member is entitled while performing duty for the purpose of carrying
out border control activities. The member is not entitled to additional
pay, allowances, or other benefits for participation in training
required under section 502(a)(1) of this title.
    ``(B) Appropriations available for the Department of Defense for
homeland defense may be used for paying costs associated with a
member's participation in training described in subparagraph (A). The
appropriation shall be reimbursed in full, out of appropriations
available for paying those costs, for the amounts paid. Appropriations
available for paying those costs shall be available for making the
reimbursements.
    ``(C) To ensure that the use of units and personnel of the National
Guard of a State pursuant to a State border control activities plan
does not degrade the training and readiness of such units and
personnel, the following requirements shall apply in determining the
border control activities that units and personnel of the National
Guard of a State may perform:
            ``(i) The performance of the activities may not adversely
        affect the quality of that training or otherwise interfere with
        the ability of a member or unit of the National Guard to
        perform the military functions of the member or unit.
            ``(ii) National Guard personnel will not degrade their
        military skills as a result of performing the activities.
            ``(iii) The performance of the activities will not result
        in a significant increase in the cost of training.
            ``(iv) In the case of border control activities performed
        by a unit organized to serve as a unit, the activities will
        support valid unit training requirements.
    ``(c) Plan Requirements.--A State border control activities plan
shall--
            ``(1) specify how personnel of the National Guard of that
        State are to be used in border control activities in support of
        the mission of the United States Customs and Border Protection
        of the Department of Homeland Security;
            ``(2) certify that those operations are to be conducted at
        a time when the personnel involved are not in Federal service;
            ``(3) certify that participation by National Guard
        personnel in those operations is service in addition to
        training required under section 502 of this title;
            ``(4) certify that any engineer-type activities (as defined
        by the Secretary of Defense) under the plan will be performed
        only by units and members of the National Guard;
            ``(5) include a certification by the Attorney General of
        the State (or, in the case of a State with no position of
        Attorney General, a civilian official of the State equivalent
        to a State attorney general) that the use of the National Guard
        of the State for the activities proposed under the plan is
        authorized by, and is consistent with, State law; and
            ``(6) certify that the Governor of the State or a civilian
        law enforcement official of the State designated by the
        Governor has determined that any activities included in the
        plan that are carried out in conjunction with Federal law
        enforcement agencies serve a State law enforcement purpose.
    ``(d) Examination of Plan.--Before funds are provided to the
Governor of a State under this section and before members of the
National Guard of that State are ordered to full-time National Guard
duty as authorized in subsection (b), the Secretary of Defense shall,
in consultation with the Secretary of Homeland Security, examine the
adequacy of the plan submitted by the Governor under subsection (c).
The plan as approved by the Secretary of Defense may provide for the
use of personnel and equipment of the National Guard of that State to
assist United States Customs and Border Protection in the
transportation of aliens who have violated a Federal immigration law.
    ``(e) End Strength Limitation.--(1) Except as provided in
paragraphs (2) and (3), at the end of a fiscal year there may not be
more than 6,000 members of the National Guard--
            ``(A) on full-time National Guard duty under section 502(f)
        of this title to perform border control activities pursuant to
        an order to duty; or
            ``(B) on duty under State authority to perform border
        control activities pursuant to an order to duty with State pay
        and allowances being reimbursed with funds provided under
        subsection (a)(1).
    ``(2) The Secretary of Defense may increase the end strength
authorized under paragraph (1) by not more than 20 percent for any
fiscal year if the Secretary determines that such an increase is
necessary in the national security interests of the United States.
    ``(3) National Guard personnel deployed pursuant to paragraph (1)
shall not be included in the calculation to determine compliance with--
            ``(A) limits on end strength; or
            ``(B) limits on the number of National Guard personal that
        may be placed on active duty for operational support.
    ``(f) Annual Report.--The Secretary of Defense shall submit to
Congress an annual report regarding assistance provided and activities
carried out under this section during the preceding fiscal year. The
report shall include the following:
            ``(1) The number of members of the National Guard excluded
        under subsection (e) from the computation of end strengths.
            ``(2) A description of the border control activities
        conducted under State border control activities plans referred
        to in subsection (c) with funds provided under this section.
            ``(3) An accounting of the amount of funds provided to each
        State.
            ``(4) A description of the effect on military training and
        readiness of using units and personnel of the National Guard to
        perform activities under the State border control activities
        plans.
    ``(g) Statutory Construction.--Nothing in this section shall be
construed as a limitation on the authority of any unit of the National
Guard of a State, when such unit is not in Federal service, to perform
law enforcement functions authorized to be performed by the National
Guard by the laws of the State concerned.
    ``(h) Definitions.--In this section:
            ``(1) The term `border control activities', with respect to
        the National Guard of a State, means the use of National Guard
        personnel in border control activities authorized by the law of
        the State and requested by the Governor of the State in support
        of the mission of the United States Customs and Border
        Protection of the Department of Homeland Security, including
        activities as follows:
                    ``(A) Construction of roads, fences, and vehicle
                barriers.
                    ``(B) Search and rescue operations.
                    ``(C) Intelligence gathering, surveillance, and
                reconnaissance.
                    ``(D) Communications and information technology
                support.
                    ``(E) Installation and operation of cameras.
                    ``(F) Repair and maintenance of infrastructure.
                    ``(G) Administrative support.
                    ``(H) Aviation support, including maintenance.
                    ``(I) Logistics support.
            ``(2) The term `Governor of a State' means, in the case of
        the District of Columbia, the Commanding General of the
        National Guard of the District of Columbia.
            ``(3) The term `State' means each of the several States,
        the District of Columbia, the Commonwealth of Puerto Rico, or a
        territory or possession of the United States.''.
    (c) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following:

``112a. Border control activities.''.

Summary: Provides for continued National Guard support for border control activities along the US- Mexico border under Operation Jump Start until operational control of such border has been achieved. Authorizes the Secretary of Defense to provide funding to a state that submits to the Secretary of State a state border control activities plan that meets certain requirements. Limits the number of National Guard that may be so deployed.

To authorize the National Guard to provide support for the border control activities of the United States Customs and Border Protection of the Department of Homeland Security, and for other purposes.