SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hoopa-Yurok Settlement Amendment Act
of 2004''.

SEC. 2. ACQUISITION OF LAND FOR THE YUROK RESERVATION.

    Section 2(c) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-
1(c)) is amended by adding at the end the following:
            ``(5) Land acquisition.--
                    ``(A) In general.--Not later than 1 year after the
                date of enactment of this paragraph, the Secretary and
                the Secretary of Agriculture shall--
                            ``(i) in consultation with the Yurok Tribe,
                        identify Federal and private land available
                        from willing sellers within and adjacent to or
                        in close proximity to the Yurok Reservation in
                        the aboriginal territory of the Yurok Tribe
                        (excluding any land within the Hoopa Valley
                        Reservation) as land that may be considered for
                        inclusion in the Yurok Reservation;
                            ``(ii) negotiate with the Yurok Tribe to
                        determine, from the land identified under
                        clause (i), a land base for an expanded Yurok
                        Reservation that will be adequate for economic
                        self-sufficiency and the maintenance of
                        religious and cultural practices;
                            ``(iii) jointly with the Yurok Tribe,
                        provide for consultation with local
                        governments, and other parties whose interests
                        are directly affected, concerning the potential
                        sale or other transfer of land to the Yurok
                        Tribe under this Act;
                            ``(iv) submit to Congress a report
                        identifying any parcels of land within their
                        respective jurisdictions that are determined to
                        be within the land base negotiated under clause
                        (ii); and
                            ``(v) not less than 60 days after the date
                        of submission of the report under clause (iv),
                        convey to the Secretary in trust for the Yurok
                        Tribe the parcels of land within their
                        respective jurisdictions that are within that
                        land base.
                    ``(B) Acceptance in trust.--The Secretary shall--
                            ``(i) accept in trust for the Yurok Tribe
                        the conveyance of such private land as the
                        Yurok Tribe, or the United States on behalf of
                        the Yurok Tribe, may acquire from willing
                        sellers, by exchange or purchase; and
                            ``(ii) provide for the expansion of the
                        Yurok Reservation boundaries to reflect the
                        conveyances.
                    ``(C) Funding.--Notwithstanding any other provision
                of law, from funds made available to carry out this
                Act, the Secretary may use $2,500,000 to pay the costs
                of appraisals, surveys, title reports, and other
                requirements relating to the acquisition by the Yurok
                Tribe of private land under this Act (excluding land
                within the boundaries of the Hoopa Valley Reservation).
                    ``(D) Report.--
                            ``(i) In general.--Not later than 90 days
                        after the date of submission of the report
                        under subparagraph (A)(iv), the Secretary, in
                        consultation with the Secretary of Agriculture
                        relative to the establishment of an adequate
                        land base for the Yurok Tribe, shall submit to
                        Congress a report that describes--
                                    ``(I) the establishment of an
                                adequate land base for the Yurok Tribe
                                and implementation of subparagraph (A);
                                    ``(II) the sources of funds
                                remaining in the Settlement Fund,
                                including the statutory authority for
                                such deposits and the activities,
                                including environmental consequences,
                                if any, that gave rise to those
                                deposits;
                                    ``(III) disbursements made from the
                                Settlement Fund;
                                    ``(IV) the provision of resources,
                                reservation land, trust land, and
                                income-producing assets including, to
                                the extent data are available
                                (including data available from the
                                Hoopa Valley Tribe and the Yurok
                                Tribe), the environmental condition of
                                the land and income-producing assets,
                                infrastructure, and other valuable
                                assets; and
                                    ``(V) to the extent data are
                                available (including data available
                                from the Hoopa Valley Tribe and the
                                Yurok Tribe), the unmet economic,
                                infrastructure, and land needs of each
                                of the Hoopa Valley Tribe and the Yurok
Tribe.
                            ``(ii) Limitation.--No expenditures for any
                        purpose shall be made from the Settlement Fund
                        before the date on which, after receiving the
                        report under clause (i), Congress enacts a law
                        authorizing such expenditures, except as the
                        Hoopa Valley Tribe and Yurok Tribes may agree
                        pursuant to their respective constitutional
                        requirements.
            ``(6) Claims.--
                    ``(A) In general.--The Court of Federal Claims
                shall hear and determine all claims of the Yurok Tribe
                or a member of the Yurok Tribe against the United
                States asserting that the alienation, transfer, lease,
                use, or management of land or natural resources located
                within the Yurok Reservation violates the Constitution,
                laws, treaties, Executive orders, regulations, or
                express or implied contracts of the United States.
                    ``(B) Conditions.--A claim under subparagraph (A)
                shall be heard and determined--
                            ``(i) notwithstanding any statute of
                        limitations (subject to subparagraph (C)) or
                        any claim of laches; and
                            ``(ii) without application of any setoff or
                        other claim reduction based on a judgment or
                        settlement under the Act of May 18, 1928 (25
                        U.S.C. 651 et seq.) or other laws of the United
                        States.
                    ``(C) Limitation.--A claim under subparagraph (A)
                shall be brought not later than 10 years after the date
                of enactment of this paragraph.''.

SEC. 3. JURISDICTION.

    (a) Law Enforcement and Tribal Court Funds and Programs.--Section
2(f) of the Hoopla-Yurok Settlement Act (25 U.S.C. 1300i-1(f)) is
amended--
            (1) by striking ``The Hoopa'' and inserting the following:
            ``(1) In general.--The Hoopa'';
            (2) by striking the semicolon after ``Code'' the first
        place it appears and inserting a comma; and
            (3) by adding at the end the following:
            ``(2) Law enforcement and tribal court funds and
        programs.--
                    ``(A) In general.--Notwithstanding paragraph (1),
                Federal law enforcement and tribal court funds and
                programs shall be made available to the Hoopa Valley
                Tribe and Yurok Tribe on the same basis as the funds
                and programs are available to Indian tribes that are
                not subject to the provisions of law referred to in
                paragraph (1).
                    ``(B) Authorization of appropriations.--There is
                authorized to be appropriated for Yurok law enforcement
                and tribal court programs $1,000,000 for each fiscal
                year.''.
    (b) Recognition of the Yurok Tribe.--Section 9 of the Hoopa-Yurok
Settlement Act (25 U.S.C. 1300i-8) is amended by adding at the end the
following:
    ``(f) Recognition of the Yurok Tribe.--The authority of the Yurok
Tribe over its territories as provided in the constitution of the Yurok
Tribe as of the date of enactment of this subsection are ratified and
confirmed insofar as that authority relates to the jurisdiction of the
Yurok Tribe over persons and land within the boundaries of the Yurok
Reservation.''.
    (c) Yurok Reservation Resources.--Section 12 of the Hoopa Yurok
Settlement Act (102 Stat. 2935) is amended by adding at the end the
following:
    ``(c) Klamath River Basin Fisheries.--
            ``(1) In general.--The Secretary and the Secretary of
        Agriculture shall enter into stewardship agreements with the
        Yurok Tribe with respect to management of Klamath River Basin
        fisheries and water resources.
            ``(2) Effect of paragraph.--Nothing in paragraph (1)
        provides the Yurok Tribe with any jurisdiction within the Hoopa
        Valley Reservation.
    ``(d) Management Authority.--
            ``(1) Definition of comanangement authority.--In this
        subsection, the term `management authority' means the right to
        make decisions jointly with the Secretary or the Secretary of
        Agriculture, as the case may be, with respect to the natural
        resources and sacred and cultural sites described in paragraph
        (2).
            ``(2) Grant of management authority.--There is granted to
        the Yurok Tribe management authority over all natural
        resources, and over all sacred and cultural sites of the Yurok
        Tribe within their usual and accustomed places, that are on
        land remaining under the jurisdiction of the National Park
        Service, Forest Service, or Bureau of Land Management within
        the aboriginal territory of the Yurok Tribe.
    ``(e) Subsistence.--
            ``(1) In general.--There is granted access for subsistence
        hunting, fishing, and gathering rights for members of the Yurok
        Tribe over all land and water within the aboriginal territory
        of the Yurok Tribe that remain under the jurisdiction of the
        Yurok Tribe or the United States, excluding any land within the
        Hoopa Valley Reservation.
            ``(2) Condition.--All subsistence-related activities under
        paragraph (1) shall be conducted in accordance with management
        plans developed by the Yurok Tribe.''.

SEC. 4. BASE FUNDING.

    From amounts made available to the Secretary for new tribes
funding, the Secretary shall make an adjustment in the base funding for
the Yurok Tribe based on the enrollment of the Yurok Tribe as of the
date of enactment of this Act.

SEC. 5. YUROK INFRASTRUCTURE DEVELOPMENT.

    (a) In General.--There are authorized to be appropriated--
            (1) $20,000,000 for the upgrade and construction of Bureau
        of Indian Affairs and tribal roads on the Yurok Reservation;
            (2) for each fiscal year, $500,000 for the operation of a
        road maintenance program for the Yurok Tribe;
            (3) $3,500,000 for purchase of equipment and supplies for
        the Yurok Tribe road maintenance program;
            (4) $7,600,000 for the electrification of the Yurok
        Reservation;
            (5) $2,500,000 for telecommunication needs on the Yurok
        Reservation;
            (6) $18,000,000 for the improvement and development of
        water and wastewater treatment systems on the Yurok
        Reservation;
            (7) $6,000,000 for the development and construction of a
        residential care, drug and alcohol rehabilitation, and
        recreational complex near Weitchpec;
            (8) $7,000,000 for the construction of a cultural center
        for the Yurok Tribe;
            (9) $4,000,000 for the construction of a tribal court, law
        enforcement, and detention facility in Klamath;
            (10) $10,000,000 for the acquisition or construction of at
        least 50 homes for Yurok Tribe elders;
            (11) $3,200,000 for the development and initial startup
        cost for a Yurok School District; and
            (12) $800,000 to supplement Yurok Tribe higher education
        need.
    (b) Priority.--Congress--
            (1) recognizes the unsafe and inadequate condition of roads
        and major transportation routes on and to the Yurok
        Reservation; and
            (2) identifies as a priority that those roads and major
        transportation routes be upgraded and brought up to the same
        standards as transportation systems throughout the State of
        California.

SEC. 6. YUROK ECONOMIC DEVELOPMENT.

    There are authorized to be appropriated--
            (1) $20,000,000 for the construction of an ecolodge and
        associated costs;
            (2) $1,500,000 for the purchase of equipment to establish a
        gravel operation; and
            (3) $6,000,000 for the purchase and improvement of
        recreational and fishing resorts on the Yurok Reservation.

SEC. 7. BLM LAND.

    (a) Conveyance to the Yurok Tribe.--The following parcels of Bureau
of Land Management land within the aboriginal territory of the Yurok
Tribe are conveyed in trust status to the Yurok Tribe:
            (1) T. 9N., R. 4E, HUM, sec. 1.
            (2) T. 9N., R. 4E, sec. 7.
            (3) T. 9N., R. 4E., sec. 8, lot 3.
            (4) T. 9N., R. 4E., sec. 9, lots 19 and 20.
            (5) T. 9N., R. 4E., sec. 17, lots 3 through 6.
            (6) T. 9N., R. 4E., sec. 18, lots 7 and 10.
            (7) T. 9N., R. 3E., sec. 13, lots 8 and 12.
            (8) T. 9N., R. 3E, sec. 14, lot 6.
    (b) Conveyance to the Hoopa Valley Tribe.--The following parcels of
Bureau of Land Management land along the western boundaries of the
Hoopa Valley Reservation are conveyed in trust status to the Hoopa
Valley Tribe:
            (1) T. 9N, R. 3E., sec. 23, lots 7 and 8.
            (2) T. 9N., R. 3E., sec. 26, lots 1 through 3.
            (3) T. 7N., R. 3E., sec. 7, lots 1 and 6.
            (4) T. 7N., R. 3E., sec. 1.

SEC. 8. REPEAL OF OBSOLETE PROVISIONS.

    Section 2(c)(4) of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-
1(c)(4)) is amended by striking ``The--
'' and all that follows through ``shall not be'' and inserting ``The
apportionment of funds to the Yurok Tribe under sections 4 and 7 shall
not be''.

SEC. 9. VOTING MEMBER.

    Section 3(c) of the Klamath River Basin Fisheries Restoration Act
(16 U.S.C. 460ss-2(c)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs
        (5) and (6); and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) A representative of the Yurok Tribe who shall be
        appointed by the Yurok Tribal Council.
            ``(4) A representative of the Department of the Interior
        who shall be appointed by the Secretary.''.

SEC. 10. ECONOMIC SELF-SUFFICIENCY.

    Section 10 of the Hoopa-Yurok Settlement Act (25 U.S.C. 1300i-9) is
amended by striking subsection (a) and inserting the following:
    ``(a) Plan for Economic Self-Sufficiency.--
            ``(1) Negotiations.--Not later than 30 days after the date
        of enactment of the Hoopa-Yurok Settlement Amendment Act of
        2004, the Secretary shall enter into negotiations with the
        Yurok Tribe to establish a plan for the economic self-
        sufficiency of the Yurok Tribe, which shall be completed not
        later than 18 months after the date of enactment of the Hoopa-
        Yurok Settlement Amendment Act of 2004.
            ``(2) Submission to congress.--On the approval of the plan
        by the Yurok Tribe, the Secretary shall submit the plan to
        Congress.
            ``(3) Authorization of appropriations.--There is authorized
        to be appropriated $3,000,000 to establish the Yurok Tribe
        Self-Sufficiency Plan.''.

SEC. 11. EFFECT OF ACT.

    Nothing in this Act or any amendment made by this Act limits the
existing rights of the Hoopa Valley Tribe or the Yurok Tribe Tribe.

Summary: Hoopa-Yurok Settlement Amendment Act of 2004 - Amends the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation. Provides that Federal law enforcement and tribal court funds and programs shall be made available to the Hoopa Valley Tribe and Yurok Tribe on the same basis as the funds and programs are available to other Indian tribes. Provides for recognition of the Yurok Tribe. Directs the Secretary of the Interior and the Secretary of Agriculture to enter into stewardship agreements with the Yurok Tribe with respect to management of Klamath River Basin fisheries and water resources. Authorizes appropriations for Yurok infrastructure development and for Yurok economic development. Amends the Klamath River Basin Fisheries Act to revise the membership of the Klamath Fishery Management Council to include as voting members a representative of the Yurok Tribe appointed by the Yurok Tribal Council and a representative of the Department of the Interior appointed by the Secretary of the Interior. Amends the Hoopa-Yurok Settlement Act to require the Secretary to enter into negotiations with the Yurok Tribe to establish a plan for the economic self-sufficiency of the Yurok Tribe.

A bill to amend the Hoopa-Yurok Settlement Act to provide for the acquisition of land for the Yurok Reservation and an increase in economic development beneficial to the Hoopa Valley Tribe and the Yurok Tribe, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Families Act''.

SEC. 2. PERMANENT RESIDENT STATUS FOR IMMEDIATE FAMILY MEMBERS OF
              ACTIVE DUTY MILITARY SERVICE PERSONNEL.

    (a) In General.--The Secretary of Homeland Security or the Attorney
General shall adjust the status of an alien described in subsection (b)
to that of an alien lawfully admitted for permanent residence if the
alien--
            (1) applies for such adjustment;
            (2) is admissible to the United States as an immigrant,
        except as provided in subsection (d);
            (3) pays a fee in an amount determined by the Secretary for
        the processing of such application (unless such fee is waived
        by the Secretary); and
            (4) is physically present in the United States.
    (b) Aliens Eligible for Adjustment of Status.--The benefits
provided under subsection (a) shall only apply to an alien who is--
            (1) a parent, spouse, child, son, or daughter (and their
        spouse, child, son, or daughter, if any) of--
                    (A) a living Armed Forces member described in
                subsection (c); or
                    (B) a deceased Armed Forces member described in
                subsection (c) if--
                            (i) the Armed Forces member died as a
                        result of injury or disease incurred in or
                        aggravated by the Armed Forces member's
                        service; and
                            (ii) the alien applies for such
                        adjustment--
                                    (I) if the death of the Armed
                                Forces member occurred prior to the
                                date of the enactment of this Act, not
                                later than 2 years after the date of
                                such enactment; or
                                    (II) if the death of the Armed
                                Forces member occurred after the date
                                of the enactment of this Act, not later
                                than 2 years after the death of the
                                Armed Forces member; or
            (2) a son or daughter described in paragraph (1) or (3) of
        section 203(a) of the Immigration and Nationality Act (8 U.S.C.
        1153(a)) who has a Filipino parent who was naturalized pursuant
        to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440
        note).
    (c) Armed Forces Member Defined.--In this section, the term ``Armed
Forces member'' means any person who--
            (1) is, or was at the time of the person's death described
        in subsection (b)(1)(B)(i), a United States citizen or lawfully
        admitted for permanent residence;
            (2) is serving, or has served honorably on or after October
        7, 2001, as a member of the National Guard or the Selected
        Reserve of the Ready Reserve, or in an active-duty status in
        the military, air, or naval forces of the United States; and
            (3) if separated from the service described in paragraph
        (2), was separated under honorable conditions.
    (d) Waiver of Certain Grounds of Inadmissibility.--
            (1) In general.--The provisions of paragraphs (4), (5),
        (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration
        and Nationality Act (8 U.S.C. 1182(a)) shall not apply to
        adjustment of status under this Act.
            (2) Additional waivers.--The Secretary of Homeland Security
        or the Attorney General may waive any other provision of
        section 212(a) of such Act (other than paragraph (2)(C) and
        subparagraphs (A), (B), (C), (E), and (F) of paragraph (3))
        with respect to an adjustment of status under this Act--
                    (A) for humanitarian purposes;
                    (B) to assure family unity; or
                    (C) if such waiver is otherwise in the public
                interest.
    (e) Record of Adjustment.--Upon the approval of an application for
adjustment of status under this Act, the Secretary of Homeland Security
shall create a record of the alien's admission as an alien lawfully
admitted for permanent residence.
    (f) No Offset in Number of Visas Available.--
            (1) In general.--If an alien is lawfully admitted for
        permanent residence under this Act, the Secretary of State
        shall not reduce the number of immigrant visas authorized to be
        issued under the Immigration and Nationality Act (8 U.S.C. 1101
        et seq.).
            (2) Exemption from direct numerical limitations.--Section
        201(b)(1) of the Immigration and Nationality Act (8 U.S.C.
        1151(b)(1)) is amended by adding at the end the following:
            ``(F) Aliens who are described in paragraph (1) or (3) of
        section 203(a) and have a Filipino parent who was naturalized
        pursuant to section 405 of the Immigration Act of 1990 (8
        U.S.C. 1440 note).''.

Summary: Military Families Act - Directs the Secretary of Homeland Security or the Attorney General to adjust the status of an eligible alien to that of an alien lawfully admitted for permanent residence if the alien: (1) applies for adjustment, (2) is admissible to the United States as an immigrant, (3) pays the application fee. And (4) is physically present in the United States. Applies such provision to an alien who is: (1) a parent, spouse, child, son, or daughter of a living Armed Forces member or of a deceased Armed Forces member who died as a result of service-incurred injury or disease. Or (2) a son or daughter of a Filipino parent who was naturalized based upon active duty World War II service in the Philippine Army, Philippine Scouts, or a recognized guerilla unit. Defines Armed Forces member as a person who: (1) is, or was at the time of the person's death, a US citizen or lawfully admitted permanent resident. (2) is serving, or has served honorably on or after October 7, 2001, as a member of the National Guard or the Selected Reserve of the Ready Reserve, or in an active-duty status in the US military. And (3) if separated from service was separated under honorable conditions. Waives specified grounds of inadmissibility and authorizes the waiver of additional grounds of inadmissibility.

A bill to authorize the adjustment of status for immediate family members of persons who served honorably in the Armed Forces of the United States during the Afghanistan and Iraq conflicts and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worker Protection Against
Combustible Dust Explosions and Fires Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) An emergency exists concerning worker exposure to
        combustible dust explosions and fires, and there is a
        significant risk of death or severe injury to workers employed
        at facilities where combustible dusts are present.
            (2) Following 3 catastrophic dust explosions that killed 14
        workers in 2003, the Chemical Safety and Hazard Investigation
        Board (CSB) issued a report in November 2006, which identified
        281 combustible dust incidents between 1980 and 2005 that
        killed 119 workers and injured 718. The CSB concluded that
        ``combustible dust explosions are a serious hazard in American
        industry''. A quarter of the explosions occurred at food
        industry facilities, including sugar plants.
            (3) In November 2006, the CSB recommended that the
        Occupational Safety and Health Administration (OSHA) issue a
        standard designed to prevent combustible dust fires and
        explosions in general industry, based on current National Fire
        Protection Association (NFPA) dust explosion standards.
            (4) Fourteen workers were killed and more than 38 seriously
        injured in a catastrophic combustible dust explosion at
        Imperial Sugar in Port Wentworth, Georgia on February 7, 2008.
            (5) An investigation by the CSB found that the explosion at
        Imperial Sugar was fueled by a massive accumulation of sugar
        dust throughout the packaging building, triggering a series of
        secondary explosions throughout the factory.
            (6) The CSB's final report of September 24, 2009, regarding
        the Imperial Sugar Refinery explosion reiterated its previous
        recommendation from November 2006 that OSHA proceed
        expeditiously ``to promulgate a comprehensive standard to
        reduce or eliminate hazards from fire and explosion from
        combustible powders and dust''.
            (7) Explosions continue to injure workers and cause
        property damage. In the 3 years since the February 7, 2008,
        explosion at Imperial Sugar, there have been 24 additional
        combustible dust explosions or fires resulting in 4 deaths and
        65 injuries to workers through February 7, 2011, according to
        data released by the Chemical Safety Board.
            (8) On October 21, 2009, OSHA issued an advance notice of
        proposed rulemaking in response to the CSB's recommendation;
        however, a final rule will take at least 4 more years, during
        which it is foreseeable that additional workers will be
        seriously injured or killed.
            (9) OSHA issued a grain handling facilities standard (29
        C.F.R. 1910.272) in 1987 that has proven highly effective in
        reducing the risk of combustible grain dust explosions,
        according to an OSHA evaluation.
            (10) No OSHA standard comprehensively addresses combustible
        dust explosion hazards in general industry.
            (11) Voluntary NFPA standards exist that, when implemented,
        effectively reduce the likelihood and impact of combustible
        dust explosions. In particular--
                    (A) certain requirements currently apply to
                existing establishments, which NFPA refers to as a
                ``retroactive'' application, and include hazard
                assessment, housekeeping, control of static
                electricity, control of open flames and sparks, use of
                certain tools, employee training, and requirements for
                inspection and maintenance of equipment;
                    (B) other requirements include conventional
                ignition source control and dust emission control
                technologies, such as ventilation systems that capture
                fugitive dust, and enclosure of dust generating
                processes;
                    (C) many employers currently implement such
                requirements from NFPA standards to address combustible
                dust hazards in the workplace; and
                    (D) many employers maintain written combustible
                dust safety programs and involve employees in
                implementing the program, which are important aspects
                of a comprehensive combustible dust hazard control
                system.
            (12) Implementation of such means of hazard control is both
        technologically and economically feasible and would
        substantially reduce risks related to combustible dust fires
        and explosions to workers.

SEC. 3. ISSUANCE OF INTERIM STANDARD ON COMBUSTIBLE DUST.

    (a) Application and Rulemaking.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Labor shall promulgate
an interim final standard regulating occupational exposure to
combustible dust hazards. The interim final standard shall, at a
minimum, apply to manufacturing, processing, blending, conveying,
repackaging, and handling of combustible particulate solids and their
dusts, including organic dusts (such as sugar, candy, paper, soap, and
dried blood), plastics, sulfur, wood, rubber, furniture, textiles,
pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as
aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and
others determined by the Secretary, but shall not apply to processes
already covered by the occupational safety and health standard on grain
facilities contained in section 1910.272 of title 29, Code of Federal
Regulations.
    (b) Application.--The interim final standard required under this
section shall be based on those portions of the National Fire
Protection Association Standards in effect on the date of enactment of
this Act that--
            (1) apply to existing facilities; or
            (2) call for source and dust emission control technologies,
        such as ventilation systems that capture fugitive dust, and
        enclosure of dust generating processes.
    (c) Requirements.--The interim final standard required under this
section shall include the following elements:
            (1) Requirements for hazard assessment to identify,
        evaluate, and control combustible dust hazards.
            (2) Requirements for a written program that includes
        provisions for hazardous dust inspection, testing, hot work,
        ignition control, and housekeeping, including the frequency and
        method or methods used to minimize accumulations of combustible
        dust on ledges, floors, equipment, and other exposed surfaces.
            (3) Requirements for engineering controls, administrative
        controls, and operating procedures, including means to control
        fugitive dust emissions and ignition sources, and the safe use
        and maintenance of process equipment and dust collection
        systems and filters.
            (4) Requirements for workplace inspection and housekeeping
        to prevent accumulation of combustible dust in places of
        employment in such depths that it can present explosion,
        deflagration, or other fire hazards, including safe methods of
        dust removal.
            (5) Requirements for participation of employees and their
        representatives in hazard assessment, development of and
        compliance with the written program, incident investigation,
        and other elements of hazard management.
            (6) Requirements to provide written safety and health
        information and annual training to managers and employees and
        their representatives, including housekeeping procedures, hot
        work procedures, preventive, predictive, and periodic
        maintenance procedures, common ignition sources, and lock-out,
        tag-out procedures.
    (d) Applicability of Other Statutory Requirements.--The
requirements applicable to occupational safety and health standards
under section 6(b) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655(b)), the requirements of chapters 5 and 6 of title 5,
United States Code, and titles 2 and 42, United States Code, shall not
apply to the issuance of the interim final standard required under this
section.
    (e) Effective Date of Interim Standard.--The interim final standard
shall take effect 30 days after issuance, except that such standard may
include a reasonable phase-in period for implementation of required
engineering controls. The interim final standard shall have the legal
effect of an occupational safety and health standard, and shall apply
until a final standard becomes effective under section 6 of the
Occupational Safety and Health Act (29 U.S.C. 655).

SEC. 4. FINAL STANDARD ON COMBUSTIBLE DUST.

    Not later than 18 months after the date on which the interim final
standard is issued under section 3, the Secretary of Labor shall,
pursuant to section 6 of the Occupational Safety and Health Act (29
U.S.C. 655), issue a proposed rule for regulating combustible dust
explosions that includes the major elements contained in the interim
final standard issued under section 3, and shall issue a final rule 3
years after the issuance of a proposed rule.

Summary: Worker Protection Against Combustible Dust Explosions and Fires Act of 2011 - Requires the Secretary of Labor to promulgate an interim final standard regulating occupational exposure to combustible dust hazards, which shall apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts , but shall not apply to processes already covered by the occupational safety and health standard on grain facilities. Requires such standard to be based on portions of the National Fire Protection Association Standards in effect upon enactment of this Act that: (1) apply to existing facilities. Or (2) call for source and dust emission control technologies. Requires such standard also to provide requirements for: (1) a hazard assessment to identify, evaluate, and control combustible dust hazards. (2) a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, (3) engineering controls, administrative controls, and operating procedures. (4) workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in depths that can present explosion, deflagration, or other fire hazards, including safe methods of dust removal. (5) participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management. And (6) providing safety and health information and annual training to managers and employees and their representatives. Requires the interim final standard to take effect 30 days after its issuance, and remain in effect until a final standard becomes effective, except that it may include a reasonable phase-in period for implementation of required engineering controls. Requires the Secretary to issue: (1) a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard, and (2) a final rule three years after issuance of a proposed rule.

To require the Secretary of Labor to issue an interim occupational safety and health standard regarding worker exposure to combustible dust, and for other purposes.


SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENTS.

    Section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)) is amended
by adding the following new paragraph at the end:
            ``(11) Waiver of oxygen content requirement.--
                    ``(A) In general.--Upon petition to the
                Administrator by the Governor of a State, the
                Administrator shall waive any oxygen content
                requirement in effect under this subsection for that
                State.
                    ``(B) Action by environmental protection agency.--
                Not later than 270 days after the date of receipt of a
                petition submitted under subparagraph (A), the
                Administrator shall grant the waiver of the oxygen
                content requirement requested in the petition. If, by
                the date that is 270 days after the date of receipt of
                such a petition, the Administrator has not granted the
                petition, the petition shall be deemed to be granted.
                The waiver under this subparagraph shall take effect on
                the date 90 days after the petition is granted or
                deemed granted unless the Administrator establishes an
                earlier effective date.
                    ``(C) Special rule.--The oxygen content requirement
                in effect under this subsection shall not apply to a
                State referred to in subsection (c)(4)(B).''.

SEC. 2. CONTROL OF OXYGENATES.

    (a) EPA Authority.--(1) Section 211(c)(1) of the Clean Air Act (42
U.S.C. 7545(c)(1)) is amended by inserting ``(A)'' after ``(1)'' by
redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and by
adding the following at the end thereof:
    ``(B) The Administrator may, by regulation, control or prohibit the
use of any oxygenate (including methyl tertiary butyl ether, `MTBE') as
a fuel, or fuel additive for fuel, for use in a motor vehicle, motor
vehicle engine, or nonroad engine or nonroad vehicle if in the judgment
of the Administrator such oxygenate causes or contributes to
contamination of drinking water which may reasonably be anticipated to
endanger public health, welfare, or the environment in the United
States.''.
    (2) Section 211(c)(2)(A) of such Act (42 U.S.C. 7545(c)(2)(A)) is
amended by inserting ``(i) of subparagraph'' before ``(A) of
paragraph''.
    (3) Section 211(c)(2)(B) of such Act (42 U.S.C. 7545(c)(2)(B)) is
amended by striking ``(B)'' and inserting ``(ii) of subparagraph (A)''.
    (4) Section 211(c)(2)(C) of such Act (42 U.S.C. 7545(c)(2)(C)) is
amended by inserting ``clause (i) or (ii) of subparagraph (A) of''
before ``paragraph (1)''.
    (5) Section 211(c)(2) of such Act (42 U.S.C. 7545(c)(2)) is amended
by adding the following at the end thereof:
    ``(D) If the Administrator seeks to control or prohibit the use of
any oxygenate under subparagraph (B) of paragraph (1), the
Administrator shall take into account information as to whether such
control or prohibition will affect the use of any other oxygenate in a
manner which may reasonably be anticipated to endanger public health,
welfare, or the environment in the United States.''.
    (b) MTBE Levels.--Section 211(c) of the Clean Air Act (42 U.S.C.
7545(c)) is amended by adding the following at the end thereof:
    ``(5) MTBE levels.--Within 1 year after the enactment of this
paragraph, the Administrator shall promulgate regulations to require
that, for the calendar year beginning January 1, 2005, and for each
calendar year thereafter, the annual volume of methyl tertiary butyl
ether (MTBE) manufactured or introduced into commerce in a calendar
year in the United States for use as a fuel, or fuel additive for fuel,
for use in a motor vehicle, motor vehicle engine, or nonroad engine or
nonroad vehicle shall not exceed the average annual volume of MTBE
estimated by the Administrator to have been manufactured or introduced
into commerce in calendar years 1986 through 1991 in the United States
for use as a fuel or fuel additive for fuel, for use in a motor
vehicle, motor vehicle engine, or nonroad engine or nonroad vehicle.
The regulations under this paragraph may include regulations regarding
the quantity of MTBE on a per-gallon basis or annual average basis
provided that such an annual average standard has associated with it a
per-gallon maximum standard.''.
    (c) State Authority.--Section 211(c)(4) of the Clean Air Act (42
U.S.C. 7545(c)(4)) is amended by adding the following at the end:
    ``(D) The Administrator may permit any State to prescribe and
enforce controls or prohibitions on the use of methyl tertiary butyl
ether (MTBE) as a fuel additive in fuel offered for sale, or sold, at
retail in a calendar year in that State in order to reduce the volume
of MTBE offered for sale, or sold, at retail in that State to levels
below the levels estimated by the State to be offered for sale, or
sold, at retail in that State under paragraph (1)(B) or (5). The
Administrator may also permit any such State to establish such controls
or prohibitions on MTBE on a more expeditious schedule than required
under paragraph (1)(B) or (5). Any State seeking additional controls
or prohibitions or a more expeditious schedule under this subparagraph
shall submit a petition to the Administrator. The Administrator may
only grant such a petition if the Administrator finds that the controls
on MTBE in effect under paragraph (1)(B) or (5) will not prevent MTBE
from causing or contributing to air pollution in that State, or
contamination of drinking water in that State, which may reasonably be
anticipated to endanger public health, welfare, or the environment. No
State may submit such a petition to the Administrator before the date 1
year after the enactment of this subparagraph. The Administrator shall
act on such petitions within 180 days of receipt. No State referred to
in subparagraph (B) shall be subject to the requirements of this
subparagraph.
    ``(E) Subparagraph (D) shall not limit the authority of any State
under any other provision of law to prescribe and enforce any control
or prohibition on the use of methyl tertiary butyl ether (MTBE) as a
fuel additive.''.

SEC. 3. MAINTENANCE OF EMISSION CONTROL BENEFITS.

    (a) Toxic Air Pollutants.--Section 211(k)(3) of the Clean Air Act
(42 U.S.C. 7545(k)(3)) is amended by adding the following at the end:
                    ``(C) Maintaining toxic control benefits in oxygen
                waiver areas.--(i) Not later than 90 days after the
                date of enactment of this subparagraph, the
                Administrator shall propose, and not later than later
                than 270 days after the enactment of this subparagraph,
                promulgate, regulations under this subparagraph
                (consistent with section 211(k)(3)(B)(ii) of the Clean
                Air Act) establishing regional performance standards to
                ensure that the levels of reductions of toxic air
                pollutants achieved under the Reformulated Gasoline
                Program in effect under this subsection are maintained
                in areas where the oxygen content requirement is waived
                under paragraph (11).
                    ``(ii) For purposes of establishing regional
                performance standards under this subparagraph, the
                Administrator shall determine the reductions of toxic
                air pollutants achieved under the Reformulated Gasoline
                Program in effect under this subsection on average in
                calendar years 1998 and 1999 in various regions
                selected, in consultation with the Secretary of Energy.
                Such regions shall be selected on the basis of the
                existing gasoline distribution and supply network to
                the extent practicable. The Administrator's
                determination shall be based on compliance survey data,
                other appropriate and reliable data and the
                Environmental Protection Agency's existing Phase II
                complex model.
                    ``(iii) The Administrator shall convert the average
                air toxic reductions, calculated as described in clause
                (ii), into annual average regional performance
                standards. Such regional performance standards shall
                apply to reformulated gasoline to be sold, or offered
                for sale, or introduced into commerce in areas where
                the oxygen content requirement is waived under
                paragraph (11).
                    ``(iv) The performance standards under this
                subparagraph shall not apply to the extent that
                regulations under this Act (including the Environmental
                Protection Agency's existing Phase II Reformulated
                Gasoline air toxics performance standards, or
                regulations promulgated under section 202(l)) are more
                stringent than such performance standards. The
                performance standards under this subparagraph shall not
                apply in any State referred to in section 211(c)(4)(B).
                    ``(v) Pending promulgation of regulations under
                this subparagraph, the Environmental Protection
                Agency's Phase II Reformulated Gasoline complex model
                toxic performance standards shall apply in areas where
                the oxygen content requirement is waived under
                paragraph (11).''.
    (b) Criteria Air Pollutants.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended by adding at the end the following:
    ``(p) Conventional Gasoline.--
            ``(1) In general.--Not later than October 1, 2007--
                    ``(A) the Administrator shall determine whether the
                use of conventional gasoline during the period of
                calendar years 2005 and 2006 resulted in a greater
                volume of emissions of criteria air pollutants listed
                under section 108, determined on the basis of a
                weighted average of those pollutants, than the volume
                of such emissions during the period of calendar years
                1998 and 1999; and
                    ``(B) if the Administrator determines that a
                significant increase in emissions occurred, the
                Administrator shall promulgate such regulations under
                subsection (c) concerning the use of conventional
                gasoline as are appropriate regarding that increase.
            ``(2) Applicability to certain states.--The Administrator
        shall make the determination under paragraph (1)(A) without
        regard to, and the regulations promulgated under paragraph
        (1)(B) shall not apply to, any State that has received a waiver
        under section 209(b).''.

SEC. 4. ASSURANCE OF ADEQUATE FUEL SUPPLY.

    Any regulation or modification of fuel properties promulgated by,
or approved by the Administrator of the Environmental Protection Agency
under the amendments made by this Act, shall take into account the need
to provide lead time for refinery and fuel distribution system
modifications necessary to assure adequate fuel supply for all States.
Such regulation or modification shall include provisions for the
banking and trading of allowances within, but not between, the regions
referred to in section 211(k)(3)(C) of the Clean Air Act.

Summary: Amends the Clean Air Act to authorize the Administrator of the Environmental Protection Agency to waive oxygen content requirements for reformulated gasoline upon petition of a State. Permits the Administrator to control or prohibit the use of any oxygenate (including methyl tertiary butyl ether (MTBE)) as a fuel or fuel additive if the oxygenate contributes to contamination of drinking water which may be anticipated to endanger public health, welfare, or the environment. Caps the annual volume of MTBE manufactured or introduced into commerce as a fuel or fuel additive, beginning in 2005, at the average annual volume estimated to have been manufactured or introduced into commerce in 1986 through 1991. Grants States certain authority to prescribe and enforce controls on the use of MTBE as a fuel additive. Directs the Administrator to establish regional performance standards to ensure that levels of reductions of toxic air pollutants achieved under the Reformulated Gasoline Program are maintained in areas where the oxygen content requirement is waived. Requires any regulation or modification of fuel properties made by this Act to take into account the need to provide lead time for refinery and fuel distribution system modifications necessary to assure adequate fuel supply for all States.

To amend section 211 of the Clean Air Act to modify the provisions regarding the oxygen content of reformulated gasoline and to improve the regulation of the fuel additive, methyl tertiary butyl ether (MTBE), and for other purposes.


SECTION 1. SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Administrative Law
Judges Retirement Act of 2003''.
    (b) References.--Whenever in this Act an amendment is expressed in
terms of an amendment to a section or other provision, the reference
shall be considered to be made to a section or other provision of title
5, United States Code.

SEC. 2. PROVISIONS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.

    (a) Definition.--Section 8331 of title 5, United States Code, is
amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(29) `administrative law judge' means an administrative
        law judge appointed under section 3105 or a similar prior
        provision of law.''.
    (b) Deductions, Contributions, and Deposits.--Section 8334 is
amended--
            (1) in the first sentence of subsection (a)(1), by striking
        ``or nuclear materials courier,'' and inserting ``nuclear
        materials courier, or administrative law judge,'';
            (2) in the second sentence of subsection (a)(1), by
        striking the period and inserting the following: ``; however,
        the amount to be contributed under this sentence with respect
        to service performed as an administrative law judge after the
        effective date of the Administrative Law Judges Retirement Act
        of 2003 shall be the amount equal to the product of basic pay
        paid for that service multiplied by the percentage that is 1
        percentage point less than the percentage applicable under
        subsection (c).''; and
            (3) in subsection (c), by adding after the item relating to
        a nuclear materials courier the following:

``Administrative law judge..............  5......................  June 11, 1947, to June 30, 1948.
                                          6......................  July 1, 1948, to October 31, 1956.
                                          6.5....................  November 1, 1956, to December 31, 1969.
                                          7......................  January 1, 1970, to December 31, 1998.
                                          7.25...................  January 1, 1999, to December 31, 1999.
                                          7.4....................  January 1, 2000, to December 31, 2000.
                                          7......................  January 1, 2001, to (but not including) the
                                                                    effective date of the Administrative Law
                                                                    Judges Retirement Act of 2003.
                                          8......................  The effective date of the Administrative Law
                                                                    Judges Retirement Act of 2003 and
                                                                    thereafter.''.

    (c) Immediate Retirement.--Section 8336 is amended by adding at the
end the following:
    ``(q) An administrative law judge who is separated from the service
after completing 10 years of service as an administrative law judge and
becoming 55 years of age is entitled to an annuity. An administrative
law judge who is separated from the service voluntarily after
completing 10 years of service as an administrative law judge but
before becoming 55 years of age is entitled to a reduced annuity. An
administrative law judge is entitled to an annuity if such judge would
be entitled to an annuity under subsection (d) (taking into account any
amendments deemed to be in effect with respect thereto) if such
subsection were applied by substituting `5' for `25 years of service or
after becoming 50 years of age and completing 20', and the reference to
`removal for cause on charges of misconduct or delinquency' in
paragraph (1) thereof were considered to refer to a removal under
section 1215, 7521, or 7532.''.
    (d) Computation of Annuity.--Section 8339 is amended--
            (1) in subsection (f), by striking ``(r), and (s)'' and
        inserting ``(r), (s), and (v)'';
            (2) in the first sentence of subsection (h), by striking
        ``subsections (a), (b), (d)(5), and (f) of this section for an
        employee retiring under section 8336(d), (h), (j), or (o) of
        this title'' and inserting ``subsections (a), (b), (d)(5), (f),
        and (v) for an employee retiring under section 8336(d), (h),
        (j), or (o), or the second sentence of section 8336(q),'';
            (3) in subsection (i), by striking ``(r), or (s)'' and
        inserting ``(r), (s), or (v)''; and
            (4) by adding at the end the following:
    ``(v) The annuity of an employee retiring under section 8336(q) is
computed under such provisions of this section as would (but for this
subsection) otherwise apply, except that, with respect to such
employee's--
            ``(1) service as an administrative law judge; and
            ``(2) military service not exceeding 5 years;
such employee's annuity is computed by multiplying 2\1/2\ percent of
such employee's average pay by the years of that service.''.
    (e) Technical and Conforming Amendments.--(1) Sections 8337(a) and
8339(g) are amended by striking ``or (s)'' each place it appears and
inserting ``(s), or (v)''.
    (2) Subsections (j), (k)(1), (l), and (m) of section 8339,
subsections (b)(1) and (d) of section 8341, and section 8344(a)(A) are
amended by striking ``and (s)'' each place it appears and inserting
``(s), and (v)''.
    (3) Subsections (j)(3) (in the matter before subparagraph (A)),
(j)(5)(C)(iii), and (k)(2)(C) of section 8339 and section 8343a(c) are
amended by striking ``and (q)'' each place it appears and inserting
``(q), and (v)''.

SEC. 3. PROVISIONS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
              SYSTEM.

    (a) Definition.--Section 8401 is amended--
            (1) in paragraph (33), by striking ``and'' at the end;
            (2) in paragraph (34), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
            ``(35) `administrative law judge' means an administrative
        law judge appointed under section 3105 or a similar prior
        provision of law.''.
    (b) Immediate Retirement.--Section 8412 is amended by adding at the
end the following:
    ``(i) An administrative law judge who is separated from the service
after completing 10 years of service as an administrative law judge and
becoming 55 years of age is entitled to an annuity.''.
    (c) Early Retirement.--Section 8414 is amended by adding at the end
the following:
    ``(e) An administrative law judge who is separated from the service
voluntarily after completing 10 years of service as an administrative
law judge but before becoming 55 years of age is entitled to a reduced
annuity. An administrative law judge is entitled to an annuity if such
judge would be entitled to an annuity under subsection (b) (taking into
account any amendments deemed to be in effect with respect thereto) if
such subsection were applied by substituting `5 years of service' for
`25 years of service, or after becoming 50 years of age and completing
20 years of service,', and the reference to `removal for cause on
charges of misconduct or delinquency' in paragraph (1)(A) thereof were
considered to refer to a removal under section 1215, 7521, or 7532.''.
    (d) Computation of Annuity.--Section 8415 is amended--
            (1) in subsection (g)(2), by striking ``or air traffic
        controller.'' and inserting ``air traffic controller, or
        administrative law judge (with respect to any service as to
        which the percentage set forth in the first sentence of
        subsection (l) applies).''; and
            (2) by adding at the end the following:
    ``(l) The annuity of an employee retiring under section 8412(i) or
8414(e) is computed under such provisions of this section as would (but
for this subsection) otherwise apply, except that, with respect to such
employee's--
            ``(1) service as an administrative law judge; and
            ``(2) military service not exceeding 5 years;
such employee's annuity is computed by multiplying 1\7/10\ percent of
such employee's average pay by the years of that service. The annuity
computed under this section for an employee retiring under the first
sentence of section 8414(e) is reduced by \1/6\ of 1 percent for each
full month the employee is under 55 years of age at the date of
separation.''.
    (e) Deductions From Pay.--Section 8422(a)(3) is amended by adding
after the item relating to a nuclear materials courier the following:

``Administrative law judge..............  7......................  January 1, 1987, to December 31, 1998.
                                          7.25...................  January 1, 1999, to December 31, 1999.
                                          7.4....................  January 1, 2000, to December 31, 2000.
                                          7......................  January 1, 2001, to (but not including) the
                                                                    effective date of the Administrative Law
                                                                    Judges Retirement Act of 2003.
                                          8......................  The effective date of the Administrative Law
                                                                    Judges Retirement Act of 2003 and
                                                                    thereafter.''.

    (f) Government Contributions.--Section 8423 is amended--
            (1) in subsection (a)(1)(B)(i), by striking ``and employees
        under sections 302 and 303 of the Central Intelligence Agency
        Retirement Act, multiplied by'' and inserting ``employees under
        sections 302 and 303 of the Central Intelligence Agency
        Retirement Act, and administrative law judges, multiplied by'';
            (2) by amending paragraph (2) of subsection (a) to read as
        follows:
    ``(2) In determining any normal-cost percentage to be applied under
this subsection--
            ``(A) amounts provided for under section 8422 shall be
        taken into account; and
            ``(B) amounts provided by or for administrative law judges
        under subchapter III of chapter 83 (including sections 8334 and
        8348, and whether provided before, on, or after the effective
        date of this subparagraph) shall, to the extent they exceed the
        normal cost of the benefits which are (i) provided for under
        subchapter III of chapter 83, and (ii) attributable to service
        performed as an administrative law judge (within the meaning of
        such subchapter), be taken into account as if they had been
        provided by or for administrative law judges under this
        chapter.''; and
            (3) in subsection (a)(3), by inserting ``administrative law
        judges,'' after ``military reserve technicians,'' each place it
        appears.

SEC. 4. EFFECTIVE DATE; APPLICABILITY.

    (a) Effective Date.--This Act and the amendments made by this Act
shall take effect as of the first day of the first pay period beginning
on or after the date of the enactment of this Act.
    (b) Applicability.--Nothing in this Act shall be considered to
apply with respect to any annuity entitlement to which is based on a
separation from service occurring before the effective date of this
Act.

Summary: Administrative Law Judges Retirement Act of 2003 - Sets forth separate provisions governing Government and employee contributions, annuity eligibility requirements , early retirement, and annuity computation for administrative law judges under the Civil Service Retirement System and the Federal Employees' Retirement System.

To enhance the terms of the retirement annuities of administrative law judges.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom From Government Competition
Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds and declares that--
            (1) private sector business concerns, which are free to
        respond to the private or public demands of the marketplace,
        constitute the strength of the American economic system;
            (2) competitive private sector enterprises are the most
        productive, efficient, and effective sources of goods and
        services;
            (3) government competition with the private sector of the
        economy is detrimental to all businesses and the American
        economic system;
            (4) government competition with the private sector of the
        economy is at an unacceptably high level, both in scope and in
        dollar volume;
            (5) when a government engages in entrepreneurial activities
        that are beyond its core mission and compete with the private
        sector--
                    (A) the focus and attention of the government are
                diverted from executing the basic mission and work of
                that government; and
                    (B) those activities constitute unfair government
                competition with the private sector;
            (6) current laws and policies have failed to address
        adequately the problem of government competition with the
        private sector of the economy;
            (7) the level of government competition with the private
        sector, especially with small businesses, has been a priority
        issue of each White House Conference on Small Business;
            (8) reliance on the private sector is consistent with the
        goals of the Government Performance and Results Act of 1993
        (Public Law 103-62);
            (9) reliance on the private sector is necessary and
        desirable for proper implementation of the Federal Workforce
        Restructuring Act of 1994 (Public Law 103-226);
            (10) it is in the public interest that the Federal
        Government establish a consistent policy to rely on the private
        sector of the economy to provide goods and services that are
        necessary for or beneficial to the operation and management of
        Federal Government agencies and to avoid Federal Government
        competition with the private sector of the economy; and
            (11) it is in the public interest for the private sector to
        utilize employees who are adversely affected by conversions to
        use of private sector entities for providing goods and services
        on behalf of the Federal Government.

SEC. 3. RELIANCE ON THE PRIVATE SECTOR.

    (a) General Policy.--Notwithstanding any other provision of law,
except as provided in subsection (c), each agency shall procure from
sources in the private sector all goods and services that are necessary
for or beneficial to the accomplishment of authorized functions of the
agency.
    (b) Prohibitions Regarding Transactions in Goods and Services.--
            (1) Provision by government generally.--No agency may begin
        or carry out any activity to provide any products or services
        that can be provided by the private sector.
            (2) Transactions between governmental entities.--No agency
        may obtain any goods or services from or provide any goods or
        services to any other governmental entity.
    (c) Exceptions.--Subsections (a) and (b) do not apply to goods or
services necessary for or beneficial to the accomplishment of
authorized functions of an agency under the following conditions:
            (1) Either--
                    (A) the goods or services are inherently
                governmental in nature within the meaning of section
                6(b); or
                    (B) the Director of the Office of Management and
                Budget determines that the provision of the goods or
                services is otherwise an inherently governmental
                function.
            (2) The head of the agency determines that the goods or
        services should be produced, provided, or manufactured by the
        Federal Government for reasons of national security.
            (3) The Federal Government is determined to be the best
        value source of the goods or services in accordance with
        regulations prescribed pursuant to section 4(a)(2)(C).
            (4) The private sector sources of the goods or services, or
        the practices of such sources, are not adequate to satisfy the
        agency's requirements.

SEC. 4. ADMINISTRATIVE PROVISIONS.

    (a) Regulations.--
            (1) OMB responsibility.--The Director of the Office of
        Management and Budget shall prescribe regulations to carry out
        this Act.
            (2) Content.--
                    (A) Private sector preference.--Consistent with the
                policy and prohibitions set forth in section 3, the
                regulations shall emphasize a preference for the
                provision of goods and services by private sector
                sources.
                    (B) Fairness for federal employees.--In order to
                ensure the fair treatment of Federal Government
                employees, the regulations--
                            (i) shall not contravene any law or
                        regulation regarding Federal Government
                        employees; and
                            (ii) shall provide for the Director of the
                        Office of Management and Budget, in
                        consultation with the Director of the Office of
                        Personnel Management, to furnish information on
                        relevant available benefits and assistance to
                        Federal Government employees adversely affected
                        by conversions to use of private sector
                        entities for providing goods and services.
                    (C) Best value sources.--
                            (i) Standards and procedures.--The
                        regulations shall include standards and
                        procedures for determining whether it is a
                        private sector source or an agency that
                        provides certain goods or services for the best
                        value.
                            (ii) Factors considered.--The standards and
                        procedures shall include requirements for
                        consideration of analyses of all direct and
                        indirect costs (performed in a manner
                        consistent with generally accepted cost-
                        accounting principles), the qualifications of
                        sources, the past performance of sources, and
                        any other technical and noncost factors that
                        are relevant.
                            (iii) Consultation requirement.--The
                        Director shall consult with persons from the
                        private sector and persons from the public
                        sector in developing the standards and
                        procedures.
                    (D) Appropriate governmental activities.--The
                regulations shall include a methodology for determining
                what types of activities performed by an agency should
                continue to be performed by the agency or any other
                agency.
    (b) Compliance and Implementation Assistance.--
            (1) OMB center for commercial activities.--The Director of
        the Office of Management and Budget shall establish a Center
        for Commercial Activities and Privatization within the Office
        of Management and Budget.
            (2) Responsibilities.--The Center--
                    (A) shall be responsible for the implementation of
                and compliance with the policies, standards, and
                procedures that are set forth in this Act or are
                prescribed to carry out this Act; and
                    (B) shall provide agencies and private sector
                entities with guidance, information, and other
                assistance appropriate for facilitating conversions to
                use of private sector entities for providing goods and
                services on behalf of the Federal Government.

SEC. 5. STUDY AND REPORT ON COMMERCIAL ACTIVITIES OF THE GOVERNMENT.

    (a) Annual Performance Plan.--Section 1115(a) of title 31, United
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) include--
                    ``(A) the identity of each program activity that is
                performed for the agency by a private sector entity in
                accordance with the Freedom From Government Competition
                Act of 1997; and
                    ``(B) the identity of each program activity that is
                not subject to the Freedom From Government Competition
                Act of 1997 by reason of an exception set forth in that
                Act, together with a discussion specifying why the
                activity is determined to be covered by the
                exception.''.
    (b) Annual Performance Report.--Section 1116(d)(3) of title 31,
United States Code, is amended--
            (1) by striking ``explain and describe,'' in the matter
        preceding subparagraph (A);
            (2) in subparagraph (A), by inserting ``explain and
        describe'' after ``(A)'';
            (3) in subparagraph (B)--
                    (A) by inserting ``explain and describe'' after
                ``(B)''; and
                    (B) by striking ``and'' at the end;
            (4) in subparagraph (C)--
                    (A) by inserting ``explain and describe'' after
                ``infeasible,''; and
                    (B) by inserting ``and'' at the end; and
            (5) by adding at the end the following:
            ``(D) in the case of an activity not performed by a private
        sector entity--
                    ``(i) explain and describe whether the activity
                could be performed for the Federal Government by a
                private sector entity in accordance with the Freedom
                From Government Competition Act of 1997; and
                    ``(ii) if the activity could be performed by a
                private sector entity, set forth a schedule for
                converting to performance of the activity by a private
                sector entity;''.

SEC. 6. DEFINITIONS.

    (a) Agency.--As used in this Act, the term ``agency'' means the
following:
            (1) Executive department.--An executive department as
        defined by section 101 of title 5, United States Code.
            (2) Military department.--A military department as defined
        by section 102 of such title.
            (3) Independent establishment.--An independent
        establishment as defined by section 104(1) of such title.
    (b) Inherently Governmental Goods and Services.--
            (1) Performance of inherently governmental functions.--For
        the purposes of section 3(c)(1)(A), goods or services are
        inherently governmental in nature if the providing of such
        goods or services is an inherently governmental function.
            (2) Inherently governmental functions described.--
                    (A) Functions included.--For the purposes of
                paragraph (1), a function shall be considered an
                inherently governmental function if the function is so
                intimately related to the public interest as to mandate
                performance by Federal Government employees. Such
                functions include activities that require either the
                exercise of discretion in applying Federal Government
                authority or the making of value judgments in making
                decisions for the Federal Government, including
                judgments relating to monetary transactions and
                entitlements. An inherently governmental function
                involves, among other things, the interpretation and
                execution of the laws of the United States so as to--
                            (i) bind the United States to take or not
                        to take some action by contract, policy,
                        regulation, authorization, order, or otherwise;
                            (ii) determine, protect, and advance its
                        economic, political, territorial, property, or
                        other interests by military or diplomatic
                        action, civil or criminal judicial proceedings,
                        contract management, or otherwise;
                            (iii) significantly affect the life,
                        liberty, or property of private persons;
                            (iv) commission, appoint, direct, or
                        control officers or employees of the United
                        States; or
                            (v) exert ultimate control over the
                        acquisition, use, or disposition of the
                        property, real or personal, tangible or
                        intangible, of the United States, including the
                        control or disbursement of appropriated and
                        other Federal funds.
                    (B) Functions excluded.--For the purposes of
                paragraph (1), inherently governmental functions do not
                normally include--
                            (i) gathering information for or providing
                        advice, opinions, recommendations, or ideas to
                        Federal Government officials;
                            (ii) any function that is primarily
                        ministerial or internal in nature (such as
                        building security, mail operations, operation
                        of cafeterias, laundry and housekeeping,
                        facilities operations and maintenance,
                        warehouse operations, motor vehicle fleet
                        management and operations, or other routine
                        electrical or mechanical services); or
                            (iii) any good or service which is
                        currently or could reasonably be produced or
                        performed, respectively, by an entity in the
                        private sector.

Summary: Freedom From Government Competition Act of 1997 - Requires Federal agencies to obtain all goods and services necessary for or beneficial to the accomplishment of their authorized functions by procurement from private sources, unless except as specified. Directs the Director of the Office of Management and Budget (OMB) to establish a Center for Commercial Activities and Privatization within OMB to: (1) be responsible for the implementation of and compliance with the policies, standards, and procedures that are set forth in this Act or are prescribed to carry out this Act. And (2) provide agencies and private sector entities with guidance, information, and other assistance appropriate for facilitating conversions to use of private sector entities for providing goods and services on behalf of the Federal Government. Amends Federal law to require that each agency shall include in its annual performance plan the identity of each program activity that is: (1) performed for the agency by a private sector entity in accordance with this Act. And (2) not subject to this Act by reason of an exception, together with a discussion specifying why the activity is determined to be covered by the exception. Revises requirements regarding program performance reports to require each agency, in its annual program performance report, in the case of an activity not performed by a private sector entity, to: (1) explain and describe whether an activity not performed by a private sector entity could be performed by a private sector entity in accordance with this Act. And (2) if the activity could be performed by a private sector entity, set forth a schedule for converting to performance of the activity by a private sector entity.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cancer Research Fund Act of 1997''.

SEC. 2. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND.

    Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended by adding at the end thereof the following new
section:

``SEC. 404F. ESTABLISHMENT OF CANCER RESEARCH TRUST FUND.

    ``(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the `Cancer Research Trust
Fund' (hereafter in this section referred to as the `Fund'), consisting
of such amounts as are credited or paid to the Fund as provided for in
section 6098 of the Internal Revenue Code of 1986 and any interest
earned on investment of amounts in the Fund.
    ``(b) Investment of Trust Fund.--
            ``(1) In general.--It shall be the duty of the Secretary of
        the Treasury to invest such portion of the Fund as is not, in
        the Secretary's judgment, required to meet current withdrawals.
        Such investments may be made only in interest-bearing
        obligations of the United States or in obligations guaranteed
        as to both principal and interest by the United States. For
        such purpose, such obligations may be acquired--
                    ``(A) on original issue at the issue price, or
                    ``(B) by purchase of outstanding obligations at the
                market price.
        The purposes for which obligations of the United States may be
        issued under chapter 31 of title 31, of the United States Code,
        are hereby extended to authorize the issuance at par of special
        obligations exclusively to the Fund. Such special obligations
        shall bear interest at a rate equal to the average rate of
        interest, computed as to the end of the calendar month next
        preceding the date of such issue, borne by all marketable
        interest-bearing obligations of the United States then forming
        a part of the Public Debt; except that where such average rate
        is not a multiple of one-eighth of 1 percent, the rate of
        interest of such special obligations shall be the multiple of
        one-eighth of 1 percent next lower than such average rate. Such
        special obligations shall be issued only if the Secretary of
        the Treasury determines that the purchase of other interest-
        bearing obligations of the United States, or of obligations
        guaranteed as to both principal and interest by the United
        States on original issue or at the market price, is not in the
        public interest.
            ``(2) Sale of obligation.--Any obligation acquired by the
        Fund (except special obligations issued exclusively to the
        Fund) may be sold by the Secretary of the Treasury at the
        market price, and such special obligations may be redeemed at
        par plus accrued interest.
            ``(3) Credits to trust fund.--The interest on, and the
        proceeds from the sale or redemption of, any obligations held
        in the Fund shall be credited to and form a part of the Fund.
    ``(c)  Obligations From Fund.--
            ``(1) In general.--The Secretary of Health and Human
        Services shall annually make available such sums as are
        available in the Fund (including any amounts not obligated in
        previous fiscal years) to the National Institutes of Health for
        the conduct of biomedical, intramural and extramural research.
            ``(2) Director of nih.--The Director of the National
        Institutes of Health may distribute amounts made available
        under paragraph (1) among the various research institutes and
        centers of the National Institutes of Health to enable such
        institutes and centers to conduct research that the Director
        determines is appropriate. The Director shall make awards from
        amounts available under paragraph (1) for research on cancer.
    ``(d) Supplement Not Supplant.--Amounts provided to an institute or
center under subsection (c) shall be used to supplement and not
supplant other research conducted with Federal funds.
    ``(e) Limitation.--No expenditure shall be made under subsection
(c)(1) during any fiscal year in which the annual amount appropriated
for the National Institutes of Health is less than the amount so
appropriated for the prior fiscal year.''.

SEC. 3. AMENDMENT TO INTERNAL REVENUE CODE OF 1986.

    (a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:

  ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS TO CANCER
                          RESEARCH TRUST FUND

                              ``Sec. 6098. Designation to Cancer
                                        Research Trust Fund.

``SEC. 6098. DESIGNATION TO CANCER RESEARCH TRUST FUND.

    ``(a) In General.--Every individual (other than a nonresident
alien) may--
            ``(1) designate that a portion (not less than $1) of any
        overpayment of the tax imposed by chapter 1 for the taxable
        year, and
            ``(2) provide that a cash contribution (not less than $1),
be paid over to the Cancer Research Trust Fund in accordance with the
provisions of section 404F of the Public Health Service Act. In the
case of a joint return of a husband and wife, each spouse may designate
one-half of any such overpayment of tax (not less than $2).
    ``(b) Manner and Time of Designation.--Any designation or payment
under subsection (a) may be made with respect to any taxable year only
at the time of filing the original return of the tax imposed by chapter
1 for such taxable year. Such designation shall be made on the page
bearing the taxpayer's signature, and in close proximity to such
signature, and shall be labeled `Cancer Research Fund'.
    ``(c) Overpayments Treated as Refunded.--For purposes of this
section, any overpayment of tax designated under subsection (a) shall
be treated as being refunded to the taxpayer as of the last day
prescribed for filing the return of tax imposed by chapter 1
(determined with regard to extensions) or, if later, the date the
return is filed.''
    (b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:

                              ``Part IX. Designation of overpayments
                                        and contributions to Cancer
                                        Research Trust Fund.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.

Summary: Cancer Research Fund Act of 1997 - Amends the Public Health Service Act to establish in the Treasury the Cancer Research Trust Fund consisting of such amounts as are credited or paid to the Fund as provided for under the Internal Revenue Code and any interest earned on investment of amounts in the Fund. Directs the Secretary of Health and Human Services to annually make available such sums as are available in the Fund to the National Institutes of Health (NIH) for the conduct of biomedical, intramural, and extramural research. Prohibits an expenditure from being made during any fiscal year in which the annual amount appropriated for NIH is less than the amount so appropriated for the prior fiscal year. Authorizes the NIH Director to distribute amounts made available among the various research institutes and centers to conduct research that the Director determines is appropriate. Requires the Director to make awards from such amounts available for research on cancer. Requires amounts provided to an institute or center to be used to supplement and not supplant other research conducted with Federal funds. Amends the Internal Revenue Code to allow every individual to: (1) designate that a portion of any overpayment of tax. And (2) provide that a cash contribution , be paid over to the Cancer Research Trust Fund in accordance with the Public Health Service Act. Allows each spouse, in the case of a joint return, to designate one-half of any such overpayment of tax .

Cancer Research Fund Act of 1997


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Neighborhood Integrity and
Responsibility Act''.

SEC. 2. RENT REASONABLENESS TEST.

    (a) Housing Certificate Program.--Section 8(c)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)) is amended by adding
at the end the following new subparagraph:
    ``(D)(i) Each public housing agency administering assistance
provided under the housing certificate program under this section shall
ensure that the rent charged for each dwelling unit assisted by the
agency is reasonable in comparison with rents charged for comparable
unassisted units available in the private residential rental market,
by--
            ``(I) reviewing all rents for units under consideration by
        families assisted under the certificate program; and
            ``(II) reviewing all rent increases for units under lease
        by families assisted under such program.
If an agency determines that the rent (or rent increase) for a unit is
not reasonable, the agency shall disapprove a lease for such unit.
    ``(ii) For purposes of this subparagraph, rent comparisons shall be
conducted by comparing the rent of the assisted dwelling unit with the
rent of comparable unassisted units that are located in a geographical
area, determined by the agency and approved by the Secretary that--
            ``(I) is geographically smaller than the applicable housing
        area used for the establishment of fair market rentals under
        paragraph (1);
            ``(II) has a continuous boundary; and
            ``(III) exhibits a commonality of geographic, demographic,
        housing, or other characteristics that make it appropriate for
        use under this subparagraph, including characteristics such as
        consisting of a recognized or identifiable neighborhood or
        geographic area, proximity to or identification with a
        particular location, structure, or feature, having a population
        with similar incomes, or containing housing a significant
        portion of which is similar in age, cost, type, or design.''.
    (b) Housing Voucher Program.--The last sentence of paragraph (10)
of section 8(o) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(10)) is amended by striking ``may'' and inserting ``shall''.
    (c) Condition on Receipt of Administrative Fees.--Section 8(q) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is amended
by adding at the end the following new paragraph:
    ``(5) Notwithstanding any other provision of this subsection, the
fee under this subsection attributable to any dwelling unit for any
fiscal year may be paid to the public housing agency only if the agency
has complied, during the preceding fiscal year, with the requirement
under subsection (c)(2)(D) or (o)(10), as applicable, to such dwelling
unit.''.

SEC. 3. LIMITATION ON ASSISTED UNITS OWNED BY SINGLE OWNER.

    Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended by inserting after subsection (k) the following new
subsection:
    ``(l) Ownership Limitation.--
            ``(1) In general.--Except as provided in paragraphs (2) and
        (3), a single public housing agency may not provide tenant-
        based assistance under this section for more than 5 dwelling
        units that are owned by any single owner.
            ``(2) Waiver.--A public housing agency may waive the
        applicability of the limitation under paragraph (1) with
        respect to an owner if the agency determines that all dwelling
        units owned by such owner and assisted or to be assisted with
        tenant-based assistance under this section are, at that time,
        in compliance with housing quality standards established by the
        Secretary for purposes of this section and any applicable State
        or local laws relating to housing habitability, construction,
        maintenance, safety, health, and sanitation.
            ``(3) Protection of current owners.--
                    ``(A) In general.--If, at any time, a single owner
                owns more than 5 protected dwelling units, such
                protected dwelling units in excess of 5 shall not be
                considered at such time for purposes of applying the
                numerical limitation under paragraph (1) to such owner.
                    ``(B) Protected dwelling units.--A dwelling unit
                shall be considered to be a protected dwelling unit at
                any time for purposes of this paragraph only if the
                dwelling unit, at that time, is occupied by a tenant
                who--
                            ``(i) is an assisted family on whose behalf
                        tenant-based assistance under this section is
                        provided;
                            ``(ii) on the date of the enactment of the
                        Neighborhood Integrity and Responsibility Act
                        occupied such unit and, at such time, was
                        assisted with tenant-based assistance under
                        this section; and
                            ``(iii) has, without interruption since
                        such date of enactment, continued to occupy
                        such unit and continued to be assisted with
                        such assistance.
            ``(4) Owner.--The Secretary shall issue regulations
        defining the term `single owner' for purposes of this
        subsection. The regulations shall provide that, with respect to
        any person or entity, any other person or entity owned or
        controlled by such person or entity (including any such
        affiliate or subsidiary of such person or entity) shall be
        considered a single owner for purposes of this subsection.''.

SEC. 4. RENT PAID BY ASSISTED FAMILIES.

    (a) Exceptions to General Rent Rule.--Section 3(a)(1) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(1)) is amended in the
matter preceding subparagraph (A) by striking ``section 8(c)(3)(B)''
and inserting ``subparagraph (B) or (C) of section 8(c)(3)''.
    (b) Tenant Rent Payment Under Certificate Program.--Section 8(c)(3)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(3)) is
amended--
            (1) in the first sentence of subparagraph (A), by inserting
        before the period at the end the following: ``or subparagraph
        (B) or (C) of this paragraph, as applicable''; and
            (2) in subparagraph (B)(i), by striking the matter that
        precedes clause I and inserting the following:
    ``(B)(i) Notwithstanding section 3(a)(1) and subparagraph (B) of
this paragraph, a family receiving tenant-based assistance under
subsection (b) may pay for rent more than the amount determined under
such provisions if--'';
            (3) by redesignating subparagraph (B) (as so amended) as
        subparagraph (C); and
            (4) by inserting after subparagraph (A) the following new
        subparagraph:
    ``(B) A family on whose behalf tenant-based assistance under
subsection (b) is provided for a dwelling unit having a maximum monthly
rent under the contract equal to or exceeding 50 percent of the
applicable fair market rental for the area shall pay as rent for the
dwelling unit the greater of the following two amounts:
            ``(i) The amount determined for the family under section
        3(a)(1).
            ``(ii) For a dwelling unit having a maximum monthly rent
        under the contract--
                    ``(I) that is equal to or exceeds 75 percent of the
                applicable fair market rental for the area, the amount
                that is equal to 50 percent of the contract rent for
                the unit.
                    ``(II) that is equal to or exceeds 50 percent of
                the applicable fair market rental for the area but is
                less than 75 percent of such fair market rental, the
                amount that is equal to 30 percent of the contract rent
                for the unit.''.
    (c) Monthly Assistance Payment Under Voucher Program.--Section 8(o)
of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is
amended--
            (1) in paragraph (2)--
                    (A) by striking ``The'' and inserting ``(A) Except
                as provided in paragraph (2), the''; and
                    (B) by adding at the end the following new
                subparagraph:
    ``(B) The monthly assistance payment under this subsection for any
family renting a dwelling unit having a rent equal to or exceeding 50
percent of the applicable payment standard for the area shall be the
amount by which the payment standard exceeds the greater of the
following two amounts:
            ``(i) The amount determined for the family pursuant to
        subparagraph (A).
            ``(ii) For a dwelling unit having a rent--
                    ``(I) that is equal to or exceeds 75 percent of the
                applicable payment standard for the area, the amount
                that is equal to 50 percent of the rent for the unit.
                    ``(II) that is equal to or exceeds 50 percent of
                the applicable payment standard for the area but is
                less than 75 percent of such payment standard, the
                amount that is equal to 30 percent of the rent for the
                unit.''.
    (d) Conforming Amendments.--Section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f(c)(1)(B)) is amended--
            (1) in clause (b) of the second sentence of subsection
        (c)(1), by striking ``paragraph (3)(B)'' and inserting
        ``paragraph (3)(C)''; and
            (2) in subsection (y)(6)(A), by striking ``Subsection
        (c)(3)(B)'' and inserting ``Subsection (c)(3)(C)''.

Summary: Neighborhood Integrity and Responsibility Act - Amends the United States Housing Act of 1937 to require public housing agencies (PHAs) administering the section 8 housing certificate program to: (1) ensure that program rents are reasonable in comparison with private rentals. And (2) disapprove leases that are not reasonable. Requires PHAs to disapprove leases that are not reasonable under the section 8 rental voucher program. Makes PHA administrative fee eligibility dependent upon compliance with such provisions. Prohibits a PHA from providing section 8 tenant-based assistance for more than five units owned by any single owner. Revises tenant rent and monthly assistance provisions under the certificate and voucher programs.