SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-911 Implementation Act of 2003''.

SEC. 2. COORDINATION OF E-911 IMPLEMENTATION.

    Part C of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et seq.) is
amended by adding at the end the following:

``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.

    ``(a) E-911 Implementation Coordination Office.--
            ``(1) Establishment.--The Assistant Secretary and the
        Administrator of the National Highway Traffic Safety
        Administration shall--
                    ``(A) establish a joint program to facilitate
                coordination and communication between Federal, State,
                and local emergency communications systems, emergency
                personnel, public safety organizations,
                telecommunications carriers, and telecommunications
                equipment manufacturers and vendors involved in the
                implementation of E-911 services; and
                    ``(B) create an E-911 Implementation Coordination
                Office to implement the provisions of this section.
            ``(2) Management plan.--The Assistant Secretary and the
        Administrator shall jointly develop a management plan for the
        program established under this section. Such plan shall include
        the organizational structure and funding profiles for the 5-
        year duration of the program. The Assistant Secretary and the
        Administrator shall, within 90 days after the date of enactment
        of this Act, submit the management plan to the Committees on
        Energy and Commerce and Appropriations of the House of
        Representatives and the Committees on Commerce, Science, and
        Transportation and Appropriations of the Senate.
            ``(3) Purpose of office.--The Office shall--
                    ``(A) take actions, in concert with coordinators
                designated in accordance with subsection (b)(3)(A)(ii),
                to improve such coordination and communication;
                    ``(B) develop, collect, and disseminate information
                concerning practices, procedures, and technology used
                in the implementation of E-911 services;
                    ``(C) advise and assist eligible entities in the
                preparation of implementation plans required under
                subsection (b)(3)(A)(iii);
                    ``(D) receive, review, and recommend the approval
                or disapproval of applications for grants under
                subsection (b); and
                    ``(E) oversee the use of funds provided by such
                grants in fulfilling such implementation plans.
            ``(4) Reports.--The Assistant Secretary and the
        Administrator shall provide a joint annual report to Congress
        by the first day of October of each year on the activities of
        the Office to improve coordination and communication with
        respect to the implementation of E-911 services.
    ``(b) Phase II E-911 Implementation Grants.--
            ``(1) Matching grants.--The Assistant Secretary and the
        Administrator, after consultation with the Secretary of
        Homeland Security and the Chairman of the Federal
        Communications Commission, and acting through the Office, shall
        provide grants to eligible entities for the implementation of
        phase II E-911 services through planning, infrastructure
        improvements, telecommunications equipment purchases, and
        personnel training.
            ``(2) Matching requirement.--The Federal share of the cost
        of a project eligible for a grant under this section shall not
        exceed 50 percent. The non-Federal share of the cost shall be
        provided from non-Federal sources.
            ``(3) Coordination required.--In providing grants under
        paragraph (1), the Assistant Secretary and the Administrator
        shall require an eligible entity to certify in its application
        that--
                    ``(A) in the case of an eligible entity that is a
                State government, the entity--
                            ``(i) has coordinated its application with
                        the public safety answering points (as such
                        term is defined in section 222(h)(4) of the
                        Communications Act of 1934) located within the
                        jurisdiction of such entity;
                            ``(ii) has designated a single officer or
                        governmental body of the entity to serve as the
                        coordinator of implementation of E-911
                        services, except that such designation need not
                        vest such coordinator with direct legal
                        authority to implement E-911 services or manage
                        emergency communications operations;
                            ``(iii) has established a plan for the
                        coordination and implementation of E-911
                        services; and
                            ``(iv) has integrated telecommunications
                        services involved in the implementation and
                        delivery of phase II E-911 services; or
                    ``(B) in the case of an eligible entity that is not
                a State, the entity has complied with clauses (i),
                (iii), and (iv) of subparagraph (A), and the State in
                which it is located has complied with clause (ii) of
                such subparagraph.
            ``(4) Criteria.--The Assistant Secretary and the
        Administrator shall jointly issue regulations within 180 days
        of the enactment of the E-911 Implementation Act of 2003, after
        a public comment period of not less than 60 days, prescribing
        the criteria for selection for grants under this section, and
        shall update such regulations as necessary.
    ``(c) Diversion of E-911 Charges.--
            ``(1) Designated e-911 charges.--For the purposes of this
        subsection, the term `designated E-911 charges' means any
        taxes, fees, or other charges imposed by a State or other
        taxing jurisdiction that--
                    ``(A) appear on telecommunications services
                customers' bills; and
                    ``(B) are designated or presented as dedicated to
                deliver or improve E-911 services.
            ``(2) Certification.--Each applicant for a matching grant
        under this section shall certify to the Assistant Secretary and
        the Administrator at the time of application, and each
        applicant that receives such a grant shall certify to the
        Assistant Secretary and the Administrator annually thereafter
        during any period of time during which the funds from the grant
        are available to the applicant, that no portion of any
        designated E-911 charges imposed by a State or other taxing
        jurisdiction within which the applicant is located are being
        obligated or expended for any purpose other than the purposes
        for which such charges are designated or presented.
            ``(3) Condition of grant.--Each applicant for a grant under
        this section shall agree, as a condition of receipt of the
        grant, that if the State or other taxing jurisdiction within
        which the applicant is located, during any period of time
        during which the funds from the grant are available to the
        applicant, obligates or expends designated E-911 charges for
        any purpose other than the purposes for which such charges are
        designated or presented, all of the funds from such grant shall
        be returned to the Office.
            ``(4) Penalty for providing false information.--Any
        applicant that provides a certification under paragraph (1)
        knowing that the information provided in the certification was
        false shall--
                    ``(A) not be eligible to receive the grant under
                subsection (b);
                    ``(B) return any grant awarded under subsection (b)
                during the time that the certification was not valid;
                and
                    ``(C) not be eligible to receive any subsequent
                grants under subsection (b).
    ``(d) Authorization; Termination.--
            ``(1) Authorization.--There are authorized to be
        appropriated to the Department of Transportation, for the
        purposes of grants under the joint program operated under this
        section with the Department of Commerce, not more than
        $100,000,000 for each of the fiscal years 2004 through 2008.
            ``(2) Termination.--The provisions of this section shall
        cease to be effective on October 1, 2008.
    ``(e) Definitions.--As used in this section:
            ``(1) Office.--The term `Office' means the E-911
        Implementation Coordination Office.
            ``(2) Administrator.--The term `Administrator' means the
        Administrator of the National Highway Traffic Safety
        Administration.
            ``(3) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' means
                a State or local government or a tribal organization
                (as defined in section 4(l) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C.
                450b(l))).
                    ``(B) Instrumentalities.--Such term includes public
                authorities, boards, commissions, and similar bodies
                created by one or more eligible entities described in
                subparagraph (A) to provide E-911 services.
                    ``(C) Exception.--Such term does not include any
                entity that has failed to submit the most recently
                required certification under subsection (c) within 30
                days after the date on which such certification is due.
            ``(4) E-911 services.--The term `E-911 services' means both
        phase I and phase II enhanced 911 services, as described in
        section 20.18 of the Commission's regulations (47 CFR 20.18),
        as in effect on the date of enactment of this section, or as
        subsequently revised by the Federal Communications Commission.
            ``(5) Phase ii e-911 services.--The term `phase II E-911
        services' means only phase II enhanced 911 services, as
        described in such section 20.18 (47 CFR 20.18), as in effect on
        such date, or as subsequently revised by the Federal
        Communications Commission.''.

SEC. 3. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER III
              SERVICE PROVIDERS.

    Within 90 days after the date of enactment of this Act, the Federal
Communications Commission shall submit a report to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate detailing--
            (1) the number of tier III commercial mobile service
        providers that are offering phase II E-911 services;
            (2) the number of requests for waivers from compliance with
        the Commission's phase II E-911 service requirements received
        by the Commission from such tier III providers;
            (3) the number of waivers granted or denied by the
        Commission to such tier III providers;
            (4) how long each waiver request remained pending before it
        was granted or denied;
            (5) how many waiver requests are pending at the time of the
        filing of the report;
            (6) when the pending requests will be granted or denied;
            (7) actions the Commission has taken to reduce the amount
        of time a waiver request remains pending; and
            (8) the technologies that are the most effective in the
        deployment of phase II E-911 services by such tier III
        providers.

            Passed the House of Representatives November 4, 2003.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

Summary: E-911 Implementation Act of 2003 - Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary of Commerce for Communications and Information and the Administrator of the National Highway Traffic Safety Administration to: (1) establish a joint program to facilitate coordination between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of E-911 services. (2) create an E-911 Implementation Coordination Office to implement such program. And (3) develop a management plan for such program. Requires annual reports from the Assistant Secretary and the Administrator to Congress on Office activities. Directs the Assistant Secretary and the Administrator to provide grants to eligible entities for the implementation of phase II E-911 services through planning, infrastructure improvements, telecommunications equipment purchases, and personnel training. Limits the Federal share of project costs to 50 percent. Outlines entity participation requirements. Requires each grant applicant to: (1) certify to the Assistant Secretary and the Administrator, at the time of application and annually thereafter if receiving such a grant, that no portion of designated E-911 charges imposed by a State or other taxing jurisdiction is being obligated or expended for any other purpose. And (2) agree that if such charges are used for any other purpose, all of the grant funds shall be returned. Authorizes appropriations to the Department of Transportation for such grants. Terminates the grant program on October 1, 2008. Requires a report from the Federal Communications Commission to specified congressional committees on the deployment of E-911 Phase II services by Tier III service providers.

To improve homeland security, public safety, and citizen activated emergency response capabilities through the use of enhanced 911 wireless services, and for other purposes.


SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Collaborating for
Economic Reintegration of Troops Act'' or the ``CERT Act''.
    (b) Findings.--Congress finds the following:
            (1) One of the greatest challenges facing transitioning
        members of the Armed Forces and their spouses is finding
        civilian employment.
            (2) Veterans report that employment is the top challenge
        upon separation or retirement from the Armed Forces, with as
        many as 80 percent of members leaving the Armed Forces without
        civilian employment in hand and one in four reporting being
        underemployed and earning below-poverty wages.
            (3) Military training correlates to approximately 962
        civilian professions, yet even with their military education
        and experience, veterans must duplicate their training to meet
        various State specific certification guidelines.
            (4) Veteran transition can be aided by establishing a
        commission to examine licensing and certification challenges
        confronting members of the Armed Forces upon post-service entry
        into the civilian workforce.
            (5) This commission will identify where there are gaps
        between military training and civilian credentials' training
        requirements and can identify opportunities for military
        training to be reformed to address such gaps and for transition
        to be improved by increased recognition of military training as
        equivalent through a ``Blue Star certification''.
            (6) The Blue Star certification initiative would set
        sufficient standards for entry into certain licensed
        professions. States could adopt Blue Star certifications as
        equivalent to entry into certain licensed professions. The
        Armed Forces, in their training process, would ensure members
        reach Blue Star proficiency so that upon leaving service they
        could swiftly transition to civilian employment.
            (7) Operation Certification would allow for members of the
        Armed Forces to directly and immediately apply their training
        and experience to the private sector. States that adopt the
        Blue Star credential will attract and retain talented and civic
        minded veterans. Furthermore, this would modernize military
        training within Blue Star occupational specialties to ensure
        that members are well trained and prepared to meet any
        challenge upon separation.

SEC. 2. COMMISSION ON VETERAN CERTIFICATION STANDARDS.

    (a) Establishment.--There is established an advisory commission to
be known as the Commission on Veteran Certification Standards (in this
Act referred to as the ``Commission'').
    (b) Membership.--
            (1) Number and appointment.--The Commission shall be
        composed of 16 members appointed as follows:
                    (A) The Majority Leader of the Senate shall appoint
                one member.
                    (B) The Minority Leader of the Senate shall appoint
                one member.
                    (C) The Speaker of the House of Representatives
                shall appoint one member.
                    (D) The Minority Leader of the House of
                Representatives shall appoint one member.
                    (E) The Chairman of the Committee on Armed Services
                of the Senate shall appoint one member.
                    (F) The Ranking Member of the Committee on Armed
                Services of the Senate shall appoint one member.
                    (G) The Chairman of the Committee on Armed Services
                of the House of Representatives shall appoint one
                member.
                    (H) The Ranking Member of the Committee on Armed
                Services of the House of Representatives shall appoint
                one member.
                    (I) The Chairman of the Committee on Veterans'
                Affairs of the Senate shall appoint one member.
                    (J) The Ranking Member of the Committee on
                Veterans' Affairs of the Senate shall appoint one
                member.
                    (K) The Chairman of the Committee on Veterans'
                Affairs of the House of Representatives shall appoint
                one member.
                    (L) The Ranking Member of the Committee on
                Veterans' Affairs of the House of Representatives shall
                appoint one member.
                    (M) The Chairman of the Committee on Health,
                Education, Labor, and Pensions of the Senate shall
                appoint one member.
                    (N) The Ranking Member of the Committee on Health,
                Education, Labor, and Pensions of the Senate shall
                appoint one member.
                    (O) The Chairman of the Committee on Education and
                the Workforce of the House of Representatives shall
                appoint one member.
                    (P) The Ranking Member of the Committee on
                Education and the Workforce of the House of
                Representatives shall appoint one member.
            (2) Deadline for appointment.--Members shall be appointed
        to the Commission under paragraph (1) not later than 45 days
        after the date of the enactment of this Act.
    (c) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members.
    (d) Terms.--Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its powers,
and shall be filled in the same manner as the original appointment was
made.
    (e) Compensation for Members of the Commission.--Members of the
Commission will not receive wages or compensation on account of their
services on the Commission, but will be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business in the
performance of services for the Commission.
    (f) Use of Government Information.--The Commission may secure
directly from any department or agency of the Federal Government such
information as the Commission considers necessary to carry out its
duties. Upon such request of the Chair of the Commission, the head of
such department or agency shall furnish such information to the
Commission.
    (g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
    (h) Personal Services.--
            (1) Authority to procure.--The Commission may--
                    (A) procure the services of experts or consultants
                (or of organizations of experts or consultants) in
                accordance with the provisions of section 3109 of title
                5, United States Code; and
                    (B) pay in connection with such services travel
                expenses of individuals, including transportation and
                per diem in lieu of subsistence, while such individuals
                are traveling from their homes or places of business to
                duty stations.
            (2) Maximum daily pay rates.--The daily rate paid an expert
        or consultant procured pursuant to paragraph (1) may not exceed
        the daily rate paid a person occupying a position at level IV
        of the Executive Schedule under section 5315 of title 5, United
        States Code.

SEC. 3. COMMISSION HEARINGS AND MEETINGS.

    (a) In General.--The Commission shall conduct hearings on the
recommendations it is taking under consideration. Any such hearing,
except a hearing in which classified information is to be considered,
shall be open to the public. Any hearing open to the public shall be
announced on a Federal website at least 14 days in advance. For all
hearings open to the public, the Commission shall release an agenda and
a listing of materials relevant to the topics to be discussed. The
Commission is authorized and encouraged to hold hearings and meetings
in various locations throughout the country to provide maximum
opportunity for public comment and participation in the Commission's
execution of its duties.
    (b) Meetings.--
            (1) Initial meeting.--The Commission shall hold its initial
        meeting not later than 60 days after the date as of which all
        members have been appointed.
            (2) Subsequent meetings.--After its initial meeting, the
        Commission shall meet upon the call of the Chair or a majority
        of its members.
            (3) Public meetings.--Each meeting of the Commission shall
        be held in public unless any member objects or classified
        information is to be considered.
    (c) Quorum.--Nine members of the Commission shall constitute a
quorum, but a lesser number may hold hearings or meetings.
    (d) Public Comments.--The Commission shall seek written comments
from the general public and interested parties on matters of the
Commission's review under this Act. Comments shall be requested through
a solicitation in the Federal Register and announcement on the Internet
website of the Commission.
    (e) Space for Use of Commission.--Not later than 90 days after the
date of the enactment of this Act, the Administrator of General
Services, in consultation with the Secretary, shall identify and make
available suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator is not
able to make such suitable excess space available within such 90-day
period, the Commission may lease space to the extent the funds are
available.
    (f) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to the extent
funds are available.

SEC. 4. COMMISSION DUTIES AND RECOMMENDATIONS.

    (a) Duties.--The Commission shall perform the following duties:
            (1) Examine the unique challenges that confront members of
        the Armed Forces and their spouses upon post-service entry into
        the civilian workforce.
            (2) Determine best practices and evaluate efforts that have
        been undertaken by the States and the executive branch,
        including the program required by section 2015 of title 10,
        United States Code, to assist members of the Armed Forces in
        obtaining professional credentials, to facilitate the transfer
        of skills and certifications from the military to civilian
        settings.
            (3) Identify industries and jobs that can most benefit from
        military experience and training and identify military
        specialties that can readily transfer to high-demand jobs.
            (4) Develop recommended Blue Star credentialing standards
        for select professions in order to simplify and streamline
        training and transition efforts for members of the Armed Forces
        and their spouses upon post-service entry into the civilian
        workforce.
            (5) Design an evaluation criteria that the Secretary of
        Defense and the Secretary of Veterans Affairs can use to
        evaluate the extent to which States and territories adopt and
        utilize the Blue Star credentialing standards.
    (b) Development of Commission Recommendations.--The Commission
shall develop recommendations on the matters subject to its review
under subsection (a).
    (c) Commission Report and Recommendations.--
            (1) Report.--Not later than one year after the date on
        which the Commission is established, the Commission shall
        transmit to the President and Congress a report containing the
        findings and conclusions of the Commission, together with the
        recommendations of the Commission regarding the matters
        described in subsection (a). The Commission shall include in
        the report legislative language and recommendations for
        administrative action to implement the recommendations of the
        Commission.
            (2) Requirement for approval.--The recommendations of the
        Commission must be approved by a majority of the members of the
        Commission before the recommendations may be transmitted to the
        President and Congress under paragraph (1).
            (3) Public availability.--The Commission shall publish a
        copy of the report required by paragraph (1) on an Internet
        website available to the public on the same date on which it
        transmits that report to the President and Congress under that
        paragraph.

SEC. 5. EXECUTIVE DIRECTOR AND STAFF.

    (a) Executive Director.--The Commission shall appoint and fix the
rate of basic pay for an Executive Director in accordance with section
3161 of title 5, United States Code.
    (b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the rate of basic pay for additional
personnel as staff of the Commission in accordance with section 3161 of
title 5, United States Code.

SEC. 6. TERMINATION OF COMMISSION.

    The Commission shall terminate 90 days after the date of the
submission of the report under section 4.

Summary: Collaborating for Economic Reintegration of Troops Act or the CERT Act This bill establishes the Commission on Veteran Certification Standards which shall: examine the challenges confronting members of the Armed Forces and their spouses upon post-service entry into the civilian workforce. Determine best state practices and evaluate efforts to assist members of the Armed Forces in obtaining professional credentials to facilitate the transfer of military skills and certifications to civilian settings. Identify industries and jobs that can most benefit from military experience. Develop recommended Blue Star credentialing standards and design evaluation criteria that the Department of Defense and the Department of Veterans Affairs can use to evaluate state and territory utilization of such standards, and develop related administrative recommendations.

CERT Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trucking Industry Regulatory Reform
Act of 1994''.

SEC. 2. AMENDMENT OF TITLE 49, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 49, United States
Code.

SEC. 3. PURPOSE.

    The purpose of this Act is to enhance competition, safety, and
efficiency in the motor carrier industry and to enhance efficiency in
government.

SEC. 4. TRANSPORTATION POLICY.

    Section 10101(a)(2) (relating to transportation policy) is
amended--
            (1) by redesignating subparagraphs (A) through (I) as
        subparagraphs (C) through (K), respectively, and
            (2) by inserting before subparagraph (C) (as so
        redesignated) the following: ``(A) encourage fair competition,
        and reasonable rates for transportation by motor carriers of
        property; (B) promote Federal regulatory efficiency in the
        motor carrier transportation system and to require fair and
        expeditious regulatory decisions when regulation is
        required;''.

SEC. 5. EXEMPTIONS.

    (a) In General.--Section 10505 (relating to authority to exempt
rail carrier transportation) is amended--
            (1) by inserting ``, or a motor carrier providing
        transportation of property other than household goods,'' after
        ``rail carrier providing transportation'' in subsection (a),
            (2) by inserting ``section 10101 or'' before ``section
        10101a'' in subsection (a)(1) and subsection (d), and
            (3) by inserting ``, or a motor carrier providing
        transportation of property other than household goods,'' after
        ``rail carrier'' in subsection (f).
    (b) Clerical Amendments.--
            (1) The caption of section 10505 is amended by inserting
        ``and motor carrier'' after ``rail carrier''.
            (2) The chapter analysis for chapter 105 is amended by
        inserting ``and motor carrier'' after ``rail carrier'' in the
        item relating to section 10505.

SEC. 6. TARIFF FILING.

    (a) Authority to Establish Rates.--Section 10702(b) (relating to
authority for carriers to establish rates, classifications, rules, and
practices) is amended by inserting ``, except a motor contract carrier
of property other than household goods,'' after ``A contract carrier''.
    (b) Prohibition of Transportation Without Tariff.--Section 10761(a)
(relating to transportation prohibited without tariff) is amended--
            (1) by inserting ``(except a motor common carrier providing
        transportation of property other than household goods)'' after
        ``chapter 105 of this title'', and
            (2) by striking out ``That carrier'' in the second sentence
        and inserting ``A carrier subject to this subsection''.
    (c) General Tariff Requirement.--Section 10762(a)(1) (relating to
general tariff requirement) is amended--
            (1) by inserting ``(except a motor common carrier providing
        transportation of property other than household goods)'' after
        ``A motor common carrier'' in the second sentence,
            (2) by inserting ``(except a motor common carrier providing
        transportation of property other than household goods) after
        ``carriers'' in the third sentence, and
            (3) by striking the last sentence and inserting the
        following: ``A motor contract carrier of property is not
        required to publish or file actual or minimum rates under this
        subtitle.''.
    (d) Proposed Rate Changes.--Section 10762(c)(2) (relating to rate
changes) is amended by inserting ``(except a motor common carrier of
property)'' after ``contract carrier''.
    (e) Effect on Negotiated Rates Act.--Section 10762 (relating to
general tariff requirements) is amended by adding at the end thereof
the following new subsection:
    ``(g) Nothing in this section shall affect the application of the
provisions of the Negotiated Rates Act of 1993 (or the amendments made
by that Act) to undercharge claims for transportation provided prior to
the date of enactment of the `Trucking Industry Regulatory Reform Act
of 1994'.''.

SEC. 7. MOTOR COMMON CARRIER LICENSING.

    (a) In General.--Section 10922 (relating to certification of motor
and water carriers) is amended--
            (1) by redesignating subsections (b) through (l) as (c)
        through (m), respectively, and by inserting after subsection
        (a) the following new subsection:
    ``(b)(1) Except as provided in this section, the Commission shall
issue a certificate to a person authorizing that person to provide
transportation subject to the jurisdiction of the Commission under
subchapter II of chapter 105 of this title as a motor common carrier of
property if the Commission finds that the person is able to comply
with--
            ``(A) this subtitle, the regulations of the Commission, and
        any safety requirements imposed by the Commission,
            ``(B) the safety fitness requirements established by the
        Secretary of Transportation in consultation with the Commission
        pursuant to section 215 of the Motor Carrier Safety Act of 1984
        (49 U.S.C. App. 2512), and
            ``(C) the minimum financial responsibility requirements
        established by the Commission pursuant to section 10927 of this
        title.
    ``(2) In making a finding under paragraph (1), the Commission shall
consider and, to the extent applicable, make findings on, any evidence
demonstrating that the applicant is unable to comply with the
requirements of subparagraph (A), (B), or (C) of that paragraph.
    ``(3) The Commission, pursuant to section 215 of the Motor Carrier
Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for
authority to operate as a motor carrier under this section to be unfit
if the applicant does not meet the safety fitness requirements under
paragraph (1)(B) of this subsection and shall deny the application.
    ``(4) A person may protest an application under this subsection to
provide transportation only on the ground that the applicant fails or
will fail to comply with this subtitle, the regulations of the
Commission, the safety requirements of the Commission, or the safety
fitness or minimum financial responsibility requirements of paragraph
(1) of this subsection.''.
    (b) Public Convenience and Necessity.--Section 10922(c) (relating
to public convenience and necessity) as redesignated by subsection (a),
is amended--
            (1) by striking ``carrier of property'' in paragraph (1)
        and inserting ``carrier of household goods'',
            (2) by striking paragraphs (4) and (6) and redesignating
        paragraphs (5), (7), (8), and (9) as (4), (5), (6), and (7),
        respectively,
            (3) by striking ``carrier holding authority under paragraph
        (4)(D) of this subsection'' in paragraph (4) (as redesignated)
        and inserting ``motor carrier providing transportation of
        shipments weighing 100 pounds or less transported in a motor
        vehicle in which no one package exceeds 100 pounds'',
            (4) by inserting ``of household goods'' after ``No motor
        common carrier'' in paragraph (5) (as redesignated),
            (5) by inserting ``of household goods'' after ``No motor
        common carrier'' in paragraph (6) (as redesignated), and
            (6) by striking ``Notwithstanding the provisions of
        paragraph (4) of this subsection, the provisions'' in paragraph
        (7) (as redesignated) and inserting ``The provisions''.
    (c) Certificate Specifications.--Section 10922(f)(1) (relating to
specifications for certificate), as redesignated by subsection (a) of
this section, is amended by inserting ``of household goods or
passengers'' after ``motor common carrier''.
    (d) Public Convenience and Necessity.--Section 10922(h)(1)
(relating to public convenience and necessity), as redesignated by
subsection (a) of this section, is amended by inserting ``of household
goods or passengers'' after ``motor common carrier''.

SEC. 8. MOTOR CONTRACT CARRIER LICENSING.

    (a) Authority to Issue Permits.--Section 10923(a) (relating to
authority to issue permits) is amended by inserting ``of household
goods or passengers'' after ``motor common carrier''.
    (b) Household Goods Permits.--Section 10923 (relating to permits of
motor and water contract carriers and household goods freight
forwarders) is amended by redesignating subsections (b) through (e) as
(c) through (f), respectively, and by inserting after subsection (a)
the following new subsection:
    ``(b)(1) Except as provided in this section and section 10930 of
this title, the Commission shall issue a permit to a person authorizing
the person to provide transportation subject to the jurisdiction of the
Commission under subchapter II of chapter 105 of this title as a motor
contract carrier of property other than household goods if the
Commission finds that the person is able to comply with--
            ``(A) this subtitle, the regulations of the Commission, and
        any safety requirements imposed by the Commission,
            ``(B) the safety fitness requirements established by the
        Secretary of Transportation in consultation with the Commission
        pursuant to section 215 of the Motor Carrier Safety Act of 1984
        (49 U.S.C. App. 2512), and
            ``(C) the minimum financial responsibility requirements
        established by the Commission pursuant to section 10927 of this
        title.
    ``(2) In deciding whether to approve the application of a person
for a permit as a motor contract carrier of property other than
household goods the Commission shall consider any evidence
demonstrating that the applicant is unable to comply with this
subtitle, the regulations of the Commission, safety requirements of the
Commission, or the safety fitness and minimum financial responsibility
requirements of subsection (b)(1).
    ``(3) The Commission, pursuant to section 215 of the Motor Carrier
Safety Act of 1984 (49 U.S.C. App. 2512), shall find any applicant for
authority to operate as a motor carrier of property other than
household goods under this subsection to be unfit if the applicant does
not meet the safety fitness requirements of paragraph (1)(B) of this
subsection and shall deny the application.
    ``(4) A person may protest an application under this subsection to
provide transportation only on the ground that the applicant fails or
will fail to comply with this subtitle, the regulations of the
Commission, safety requirements of the Commission, or the safety
fitness or minimum financial responsibility requirements of paragraph
(1).''.
    (c) Application Filing Requirements.--Section 10923(c) (relating to
application filing requirements), as redesignated by subsection (b) of
this section, is amended--
            (1) by striking ``motor contract carrier of property'' in
        paragraphs (3) and (4) and inserting ``motor contract carrier
        of household goods'',
            (2) by striking paragraph (5) and redesignating paragraphs
        (6) and (7) as (5) and (6), respectively, and
            (3) by striking ``motor carriers of property'' in paragraph
        (5) (as redesignated) and inserting ``motor carriers of
        household goods''.
    (d) Conditions of Transportation or Service.--Section 10923(e)
(relating to conditions of transportation or service), as redesignated
by subsection (b) of this section, is amended--
            (1) by inserting ``of passengers or household goods'' after
        ``contract carrier'' in paragraph (1), and
            (2) by striking ``each person or class of persons (and, in
        the case of a motor contract carrier of passengers, the number
        of persons)'' in paragraph (2) and inserting ``in the case of a
        motor contract carrier of passengers, the number of persons,''.

SEC. 9. REVOCATION OF MOTOR CARRIER AUTHORITY.

    Section 10925(d)(1) (relating to effective periods of certificates,
permits, and licenses) is amended--
            (1) by striking ``if a motor carrier or broker'' in
        subparagraph (A) and inserting ``if a motor carrier of
        passengers, motor common carrier of household goods, or
        broker'',
            (2) by striking ``and'' at the end of subparagraph (A),
            (3) by redesignating subparagraph (B) as (D) and inserting
        after subparagraph (A) the following new subparagraphs:
                    ``(B) if a motor contract carrier of property, for
                failure to comply with section 10701, 10924(e), or
                10927 (b) or (d) of this subtitle;
                    ``(C) if a motor contract carrier of property other
                than household goods, for failure to comply with
                section 10701, 10702, 10924(e), or 10927 (b) or (d) of
                this subtitle; and''.

SEC. 10. STUDY OF MERGER OF FEDERAL MARITIME COMMISSION AND INTERSTATE
              COMMERCE COMMISSION.

    The Secretary of Transportation shall study the feasibility of a
merger of the operations and responsibilities of the Federal Maritime
Commission and the Interstate Commerce Commission with respect to the
cost savings that might be achieved by such a merger, the efficient
allocation of resources, the elimination of unnecessary functions, and
responsibility for regulatory functions. The Secretary shall report his
findings to the Congress within 6 months after the date of enactment of
this Act.

SEC. 11. STUDY OF ADDITIONAL REFORMS.

    The Interstate Commerce Commission, in consultation with the
Secretary of Transportation, shall prepare and submit to the Congress
with six months after the date of enactment of this Act a report
identifying and analyzing all regulatory responsibilities of the
Commission. The Commission shall make recommendations to the Congress
on the basis of the study concerning specific statutory functions of
the Commission that could be changed to enhance competition, safety,
and efficiency in the motor carrier industry and to enhance efficiency
in government.

Summary: Trucking Industry Regulatory Reform Act of 1994 - Amends the Interstate Commerce Act to include as objectives of US transportation policy in regulating transportation by motor carrier, the promotion of competitive and efficient transportation services in order to: (1) encourage fair competition and reasonable rates for transportation by motor carriers of property. (2) promote Federal regulatory efficiency in the motor carrier transportation system. And (3) require fair and expeditious regulatory decisions when regulation is required. Requires the Interstate Commerce Commission (ICC) to exempt motor carriers of non-household goods from its jurisdiction in specified circumstances, including when such transportation is part of a continuous intermodal movement. Exempts a motor contract carrier of non-household goods from requirements that contract carriers establish, and file with the ICC, actual and minimum rates and related rules and practices. Exempts motor common carriers of non-household goods from requirements that carriers: (1) provide transportation or service only if the rate is contained in a tariff. And (2) publish and file with the ICC tariffs containing such rates. Requires the ICC to issue a certificate authorizing a person to provide transportation as a motor common carrier of property if it finds such person able to comply with such Act, ICC regulations, and specified safety, safety fitness, and minimum financial responsibility requirements. Specifies requirements which, if met, compel the ICC to issue a permit authorizing a person to provide transportation as a motor contract carrier of household goods, passengers, or non-household goods. Authorizes the ICC to suspend a certificate or permit of a motor carrier of passengers, motor common carrier of household goods, a motor contract carrier of property, or a motor contract carrier of non-household goods if specified requirements are not met. Directs the Secretary to study and report to the Congress on the feasibility of a merger of the operations and responsibilities of the Federal Maritime Commission and the ICC with respect to cost savings that may be achieved, the efficient allocation of resources, elimination of unnecessary functions, and responsibility for regulatory functions. Directs the ICC to report to the Congress an analysis of all ICC regulatory responsibilities, with recommendations about specific statutory functions of the ICC that could be changed to enhance competition, safety, and efficiency in the motor carrier industry and efficiency in government.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jumpstarting Our Business Sector Act
of 2011''.

SEC. 2. REDUCTION IN CORPORATE INCOME TAX RATES.

    (a) In General.--Subsection (b) of section 11 of the Internal
Revenue Code of 1986 is amended to read as follows:
    ``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) shall be 0 percent of taxable income.''.
    (b) Conforming Amendments.--
            (1) Section 55(b)(1)(B)(i) of such Code is amended by
        striking ``20 percent'' and inserting ``0 percent''.
            (2) Section 280C(c)(3)(B)(ii)(II) of such Code is amended
        by striking ``maximum rate of tax under section 11(b)(1)'' and
        inserting ``rate of tax under section 11(b)''.
            (3) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii),
        860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), 1446(b)(2)(B), and
        7874(e)(1)(B) of such Code are each amended by striking
        ``highest rate of tax specified in section 11(b)(1)'' and
        inserting ``rate of tax specified in section 11(b)''.
            (4) Section 904(b)(3)(D)(ii) of such Code is amended by
        striking ``(determined without regard to the last sentence of
        section 11(b)(1))''.
            (5) Section 962 of such Code is amended by striking
        subsection (c) and by redesignating subsection (d) as
        subsection (c).
            (6) Section 1201(a) of such Code is amended--
                    (A) by striking ``35 percent (determined without
                regard to the last 2 sentences of section 11(b)(1))''
                and inserting ``0 percent'', and
                    (B) by striking ``35 percent'' in paragraph (2) and
                inserting ``0 percent''.
            (7) Section 1561(a) of such Code is amended--
                    (A) by striking paragraph (1) and by redesignating
                paragraphs (2), (3), and (4) as paragraphs (1), (2),
                and (3), respectively,
                    (B) by striking ``The amounts specified in
                paragraph (1), the'' and inserting ``The'',
                    (C) by striking ``paragraph (2)'' and inserting
                ``paragraph (1)'',
                    (D) by striking ``paragraph (3)'' both places it
                appears and inserting ``paragraph (2)'',
                    (E) by striking ``paragraph (4)'' and inserting
                ``paragraph (3)'', and
                    (F) by striking the fourth sentence.
            (8) Subsection (b) of section 1561 of such Code is amended
        to read as follows:
    ``(b) Certain Short Taxable Years.--If a corporation has a short
taxable year which does not include a December 31 and is a component
member of a controlled group of corporations with respect to such
taxable year, then for purposes of this subtitle, the amount to be used
in computing the accumulated earnings credit under section 535(c) (2)
and (3) of such corporation for such taxable year shall be the amount
specified in subsection (a)(1) divided by the number of corporations
which are component members of such group on the last day of such
taxable year. For purposes of the preceding sentence, section 1563(b)
shall be applied as if such last day were substituted for December
31.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.

SEC. 3. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND
              CORPORATIONS.

    (a) Zero Percent Capital Gains Rate for Individuals.--
            (1) In general.--Paragraph (1) of section 1(h) of the
        Internal Revenue Code of 1986 is amended by striking
        subparagraph (C), by redesignating subparagraphs (D) and (E)
        and subparagraphs (C) and (D), respectively, and by amending
        subparagraph (B) to read as follows:
                    ``(B) 0 percent of the adjusted net capital gain
                (or, if less, taxable income);''.
            (2) Alternative minimum tax.--Paragraph (3) of section
        55(b) is amended by striking subparagraph (C), by redesignating
        subparagraph (D) as subparagraph (C), and by amending
        subparagraph (B) to read as follows:
                    ``(B) 0 percent of the adjusted net capital gain
                (or, if less, taxable excess), plus''.
            (3) Repeal of sunset of reduction in capital gains rates
        for individuals.--Section 303 of the Jobs and Growth Tax Relief
        Reconciliation Act of 2003 shall not apply to section 301 of
        such Act.
    (b) Zero Percent Capital Gains Rate for Corporations.--
            (1) In general.--Section 1201 of the Internal Revenue Code
        of 1986 is amended by redesignating subsection (b) as
        subsection (c), and by striking subsection (a) and inserting
        the following new subsections:
    ``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by sections 11, 511,
821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax
is less than the tax imposed by such sections) which shall consist of
the sum of--
            ``(1) a tax computed on the taxable income reduced by the
        amount of the net capital gain, at the rates and in the manner
        as if this subsection had not been enacted,
            ``(2) 0 percent of the adjusted net capital gain (or, if
        less, taxable income),
            ``(3) 25 percent of the excess (if any) of--
                    ``(A) the unrecaptured section 1250 gain (or, if
                less, the net capital gain (determined without regard
                to subsection (b)(2)), over
                    ``(B) the excess (if any) of--
                            ``(i) the sum of the amount on which tax is
                        determined under paragraph (1) plus the net
                        capital gain, over
                            ``(ii) taxable income, plus
            ``(4) 28 percent of the amount of taxable income in excess
        of the sum of the amounts on which tax is determined under the
        preceding paragraphs of this subsection.
    ``(b) Definitions and Special Rules.--For purposes of this
section--
            ``(1) In general.--The terms `adjusted net capital gain'
        and `unrecaptured section 1250 gain' shall have the respective
        meanings given such terms in section 1(h).
            ``(2) Dividends taxed at net capital gain.--Except as
        otherwise provided in this section, the term `net capital gain'
        has the meaning given such term in section 1(h)(11).''.
            (2) Alternative minimum tax.--Section 55(b) of such Code is
        amended by adding at the end the following new paragraph:
            ``(4) Maximum rate of tax on net capital gain of
        corporations.--The amount determined under paragraph (1)(B)(i)
        shall not exceed the sum of--
                    ``(A) the amount determined under such paragraph
                computed at the rates and in the same manner as if this
                paragraph had not been enacted on the taxable excess
                reduced by the net capital gain, plus
                    ``(B) the amount determined under section 1201.''.
            (3) Technical amendments.--
                    (A) Section 1445(e)(1) of such Code is amended by
                striking ``35 percent (or, to the extent provided in
                regulations, 15 percent)'' and inserting ``0 percent''.
                    (B) Section 1445(e)(2) of such Code is amended by
                striking ``35 percent'' and inserting ``0 percent''.
                    (C) Section 7518(g)(6)(A) of such Code is amended
                by striking ``15 percent (34 percent in the case of a
                corporation)'' and inserting ``0 percent''.
                    (D) Section 607(h)(6)(A) of the Merchant Marine
                Act, 1936 is amended by striking ``15 percent (34
                percent in the case of a corporation)'' and inserting
                ``0 percent''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to taxable years
        ending after the date of the enactment of this Act.
            (2) Withholding.--The amendments made by subparagraphs (A)
        and (B) of subsection (b)(3) shall apply to dispositions and
        distributions after the date of the enactment of this Act.

SEC. 4. ONE-YEAR EXTENSION OF BONUS DEPRECIATION AND 100 PERCENT
              EXPENSING FOR CERTAIN BUSINESS ASSETS.

    (a) In General.--
            (1) Bonus depreciation.--Paragraph (2) of section 168(k) of
        the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``January 1, 2014'' in subparagraph
                (A)(iv) and inserting ``January 1, 2015'', and
                    (B) by striking ``January 1, 2013'' each place it
                appears and inserting ``January 1, 2014''.
            (2) 100 percent expensing.--Paragraph (5) of section 168(k)
        is amended to read as follows:
            ``(5) Temporary 100 percent bonus depreciation.--Paragraph
        (1)(A) shall be applied by substituting `100 percent' for `50
        percent' in the case of property placed in service by the
        taxpayer after September 8, 2010, which would be qualified
        property if--
                    ``(A) `January 1, 2013' were substituted for
                `January 1, 2014' each place it appears in paragraph
                (2),
                    ``(B) `January 1, 2014' were substituted for
                `January 1, 2015' in clause (iv) of paragraph (2)(A),
                and
                    ``(C) `September 8, 2010' were substituted for
                `December 31, 2007' each place it appears in paragraph
                (2).''.
            (3) Special rules relating to election to accelerate amt
        credit in lieu of bonus depreciation.--
                    (A) Subclause (II) of section 168(k)(4)(D)(iii) of
                such Code is amended by striking ``January 1, 2013''
                and inserting ``January 1, 2014''.
                    (B) Clause (iv) of section 168(k)(4)(I) of such
                Code is amended--
                            (i) by inserting after ``Act of 2010'', and
                            (ii) by striking ``of such Act'' and
                        inserting ``or section 2(a)(3)(A) of either
                        such Act, respectively''.
            (4) Conforming amendments.--
                    (A) The heading for subsection (k) of section 168
                of such Code is amended by striking ``January 1, 2013''
                and inserting ``January 1, 2014''.
                    (B) The heading for clause (ii) of section
                168(k)(2)(B) of such Code is amended by striking ``pre-
                january 1, 2013'' and inserting ``pre-january 1,
                2014''.
                    (C) Subparagraph (C) of section 168(n)(2) of such
                Code is amended by striking ``January 1, 2013'' and
                inserting ``January 1, 2014''.
                    (D) Subparagraph (D) of section 1400L(b)(2) of such
                Code is amended by striking ``January 1, 2013'' and
                inserting ``January 1, 2014''.
                    (E) Subparagraph (B) of section 1400N(d)(3) of such
                Code is amended by striking ``January 1, 2013'' and
                inserting ``January 1, 2014''.
    (b) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2011.

Summary: Jumpstarting Our Business Sector Act of 2011 - Amends the Internal Revenue Code to: (1) eliminate the corporate income tax and the tax on the capital gains of individuals and corporations. And (2) extend for one year the additional depreciation allowance for business and investment assets , the 100 expensing allowance for such assets, and the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation.

To amend the Internal Revenue Code of 1986 to provide individual and corporate income tax relief and to extend 100 percent bonus depreciation, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Climate Change Security
Oversight Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) According to the National Oceanic and Atmospheric
        Administration, in 2007 the average annual temperature in the
        United States and around the global is approximately 1.0 degree
        Fahrenheit warmer than at the start of the 20th century, and
        the rate of warming has accelerated during the past 30 years,
        increasing globally since the mid-1970s. The fourth assessment
        report of the Intergovernmental Panel on Climate Change has
        predicted that the Earth will warm 0.72 degrees Fahrenheit
        during the next 2 decades with current emission trends.
            (2) The annual national security strategy report submitted
        pursuant to section 108 of the National Security Act of 1947
        (50 U.S.C. 404a) for 2006 states that the United States faces
        new security challenges, including ``environmental destruction,
        whether caused by human behavior or cataclysmic mega-disasters
        such as floods, hurricanes, earthquakes, or tsunamis. Problems
        of this scope may overwhelm the capacity of local authorities
        to respond, and may even overtax national militaries, requiring
        a larger international response. These challenges are not
        traditional national security concerns, such as the conflict of
        arms or ideologies. But if left unaddressed they can threaten
        national security.''.
            (3) According to the fourth assessment report of the
        Intergovernmental Panel on Climate Change, average temperature
        increases of between 2 and 4 degrees Celsius over preindustrial
        levels are projected to cause the sea level to rise by between
        2 and 4 meters by 2100 due to melting of the Greenland and
        Antarctic ice sheets.
            (4) In 2007, more than 200,000,000 people live in coastal
        floodplains around the world and 2,000,000 square kilometers of
        land and an estimated $1,000,000,000,000 worth of assets are
        less than a 1-meter elevation above sea level.
            (5) An estimated 1,700,000,000 people in the world live in
        areas where water is scarce and in 25 years that population is
        projected to increase to 5,400,000,000. Climate change will
        impact the hydrological cycle and change the location, time of
        year, and intensity of water availability.
            (6) The report of the World Health Organization entitled
        ``The World Health Report 2002: Reducing Risks and Promoting
        Healthy Life'' states that ``Effects of climate change on human
        health can be expected to be mediated through complex
        interactions of physical, ecological, and social factors. These
        effects will undoubtedly have a greater impact on societies or
        individuals with scarce resources, where technologies are
        lacking, and where infrastructure and institutions (such as the
        health sector) are least able to adapt.''.
            (7) Environmental changes relating to global climate change
        represent a potentially significant threat multiplier for
        instability around the world as changing precipitation patterns
        may exacerbate competition and conflict over agricultural,
        vegetative, and water resources and displace people, thus
        increasing hunger and poverty and causing increased pressure on
        fragile countries.
            (8) The strategic, social, political, and economic
        consequences of global climate change are likely to have a
        greater adverse effect on less developed countries with fewer
        resources and infrastructures that are less able to adjust to
        new economic and social pressures, and where the margin for
        governance and survival is thin.
            (9) The consequences of global climate change represent a
        clear and present danger to the security and economy of the
        United States.
            (10) A failure to recognize, plan for, and mitigate the
        strategic, social, political, and economic effects of a
        changing climate will have an adverse impact on the national
        security interests of the United States.

SEC. 3. NATIONAL INTELLIGENCE ESTIMATE ON GLOBAL CLIMATE CHANGE.

    (a) Requirement for National Intelligence Estimate.--
            (1) In general.--Except as provided in paragraph (2), not
        later than 270 days after the date of enactment of this Act,
        the Director of National Intelligence shall submit to Congress
        a National Intelligence Estimate on the anticipated
        geopolitical effects of global climate change and the
        implications of such effects on the national security of the
        United States.
            (2) Notice regarding submittal.--If the Director of
        National Intelligence determines that the National Intelligence
        Estimate required by paragraph (1) cannot be submitted by the
        date set out in that paragraph, the Director shall notify
        Congress and provide--
                    (A) the reasons that the National Intelligence
                Estimate cannot be submitted by such date; and
                    (B) an estimated date for the submittal of the
                National Intelligence Estimate.
    (b) Content.--The Director of National Intelligence shall prepare
the National Intelligence Estimate required by this section using the
mid-range projections of the fourth assessment report of the
Intergovernmental Panel on Climate Change--
            (1) to assess the political, social, agricultural, and
        economic risks during the 30-year period beginning on the date
        of enactment of this Act posed by global climate change for
        countries or regions that are--
                    (A) of strategic economic or military importance to
                the United States and at risk of significant impact due
                to global climate change; or
                    (B) at significant risk of large-scale humanitarian
                suffering with cross-border implications as predicted
                on the basis of the assessments;
            (2) to assess other risks posed by global climate change,
        including increased conflict over resources or between ethnic
        groups, within countries or transnationally, increased
        displacement or forced migrations of vulnerable populations due
        to inundation or other causes, increased food insecurity, and
        increased risks to human health from infectious disease;
            (3) to assess the capabilities of the countries or regions
        described in subparagraph (A) or (B) of paragraph (1) to
        respond to adverse impacts caused by global climate change;
            (4) to assess the strategic challenges and opportunities
        posed to the United States by the risks described in paragraph
        (1);
            (5) to assess the security implications and opportunities
        for the United States economy of engaging, or failing to engage
        successfully, with other leading and emerging major
        contributors of greenhouse gas emissions in efforts to reduce
        emissions and adopt mitigation and adaptation strategies,
        including transitioning from reliance upon finite fossil fuels
        such as imported petroleum and natural gas to clean domestic
        renewable energy sources; and
            (6) to make recommendations for further assessments of
        security consequences of global climate change that would
        improve national security planning.
    (c) Coordination.--In preparing the National Intelligence Estimate
under this section, the Director of National Intelligence shall consult
with representatives of the scientific community, including atmospheric
and climate studies, security studies, conflict studies, economic
assessments, and environmental security studies, the Secretaries of
Defense, State, Treasury, Commerce, Energy, Agriculture, and
Transportation, the Federal Reserve Board, and the United States Trade
Representative, the Administrator of the National Oceanographic and
Atmospheric Administration, the Administrator of the National
Aeronautics and Space Administration, the Administrator of the
Environmental Protection Agency, and, if appropriate, multilateral
institutions and allies of the United States that have conducted
significant research on global climate change.
    (d) Form.--The National Intelligence Estimate required by this
section shall be submitted in unclassified form, to the extent
consistent with the protection of intelligence sources and methods, and
include unclassified key judgments of the National Intelligence
Estimate. Such National Intelligence Estimate may include a classified
annex.

SEC. 4. RESPONSE TO THE NATIONAL INTELLIGENCE ESTIMATE.

    (a) Report by the Secretary of Defense.--Not later than 270 days
after the date that the National Intelligence Estimate required by
section 3 is submitted to Congress, the Secretary of Defense shall
submit to the the Committee on Appropriations, the Committee on Armed
Services, and the Permanent Select Committee on Intelligence of the
United States House of Representatives and Committee on Appropriations,
the Committee on Armed Services, and the Select Committee on
Intelligence of the United States Senate a report on--
            (1) the projected impact on the military installations and
        capabilities of the United States of the effects of global
        climate change as assessed in the National Intelligence
        Estimate;
            (2) the projected impact on United States military
        operations of the effects of global climate change described in
        the National Intelligence Estimate; and
            (3) recommended research and analysis needed to further
        assess the impacts on the military of global climate change.
    (b) Sense of Congress on the Next Quadrennial Defense Review.--It
is the sense of Congress that the Secretary of Defense should address
the findings of the National Intelligence Estimate required by section
3 regarding the impact of global climate change and potential
implications of such impact on the Armed Forces and for the size,
composition, and capabilities of Armed Forces in the next Quadrennial
Defense Review.
    (c) Report by the Secretary of State.--Not later than 270 days
after the date that the National Intelligence Estimate required by
section 3 is submitted to Congress, the Secretary of State shall submit
to the Committee on Appropriations, the Committee on Foreign Affairs,
and the Permanent Select Committee on Intelligence of the United States
House of Representatives and the Committee on Appropriations, the
Committee on Foreign Relations, and the Select Committee on
Intelligence of the United States Senate a report that addresses--
            (1) the potential for large migration flows in countries of
        strategic interest or humanitarian concern as a response to
        changes in climate and the implications for United States
        security interests; and
            (2) the potential for diplomatic opportunities and
        challenges facing United States policy makers as a result of
        social, economic, or political responses of groups or nations
        to global changing climate.

SEC. 5. AUTHORIZATION OF RESEARCH.

    (a) In General.--The Secretary of Defense is authorized to carry
out research on the impacts of global climate change on military
operations, doctrine, organization, training, material, logistics,
personnel, and facilities and the actions needed to address those
impacts. Such research may include--
            (1) the use of war gaming and other analytical exercises;
            (2) analysis of the implications for United States defense
        capabilities of large-scale Arctic sea-ice melt and broader
        changes in Arctic climate;
            (3) analysis of the implications for United States defense
        capabilities of abrupt climate change;
            (4) analysis of the implications of the findings derived
        from the National Intelligence Estimate required in section 3
        Act for United States defense capabilities;
            (5) analysis of the strategic implications for United
        States defense capabilities of direct physical threats to the
        United States posed by extreme weather events such as
        hurricanes; and
            (6) analysis of the existing policies of the Department of
        Defense to assess the adequacy of the Department's protections
        against climate risks to United States capabilities and
        military interests in foreign countries.
    (b) Report.--Not later than 2 years after the date that the
National Intelligence Estimate required by section 3 is submitted to
Congress, the Secretary of Defense shall submit to Congress a report on
the results of the research, war games, and other activities carried
out pursuant to subsection (a).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

Summary: Global Climate Change Security Oversight Act - Requires the Director of National Intelligence to submit to Congress a National Intelligence Estimate on the anticipated geopolitical effects of global climate change and the implications of such effects on US national security. Requires the Director to prepare the estimate using the mid-range projections of the fourth assessment report of the Intergovernmental Panel on Climate Change to make assessments and recommendation concerning the risks posed by global warming and the security implications, opportunities, and consequences of global warming. Requires the Secretary of Defense to report to Congress on the projected impact on the military installations, capabilities, and operations of the effects of global climate change as assessed in the estimate and to recommend research and analysis needed to further assess the impacts on the military of global climate change as assessed in the estimate. Expresses the sense of Congress that the Secretary should address the findings of the estimate regarding the impact of global climate change and potential implications of such impact on the Armed Forces and for the size, composition, and capabilities of Armed Forces in the next Quadrennial Defense Review. Requires the Secretary of State to report to Congress on the potential for: (1) large migration flows in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for US security interests. And (2) diplomatic opportunities and challenges facing US policy makers as a result of social, economic, or political responses of groups or nations to global changing climate. Authorizes the Secretary of Defense to research the impacts of global climate change on military operations, doctrine, organization, training, material, logistics, personnel, and facilities, and the actions needed to address those impacts.

To address security risks posed by global climate change, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Student Loan Abuse Prevention Act of
2005''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to stop ensuring that lenders in the
Federal Family Education Loan Program continue to receive extraordinary
and unnecessary taxpayer subsidies, to make public college tuition free
for future mathematics, science, and special education teachers, and to
provide additional assistance to students eligible to receive a Federal
Pell Grant under subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a et seq.).

SEC. 3. ENDING THE 9.5 PERCENT GUARANTEED RATE OF RETURN ON FEDERAL
              FAMILY EDUCATION LOANS.

    (a) Technical Correction.--Section 2 of the Taxpayer-Teacher
Protection Act of 2004 (Public Law 108-409; 118 Stat. 2299) is amended
in the matter preceding paragraph (1) by inserting ``of the Higher
Education Act of 1965'' after ``Section 438(b)(2)(B)''.
    (b) Prospective Special Allowances.--
            (1) In general.--Section 438(b)(2)(B) of the Higher
        Education Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)), as amended
        by the Taxpayer-Teacher Protection Act of 2004, is amended--
                    (A) in clause (iv), by striking ``1993, or refunded
                after September 30, 2004, and before January 1, 2006,
                the'' and inserting ``1993, or refunded on or after the
                date of enactment of the Taxpayer-Teacher Protection
                Act of 2004, the''; and
                    (B) by striking clause (v) and inserting the
                following:
                            ``(v) Notwithstanding clauses (i) and (ii),
                        the quarterly rate of the special allowance
                        shall be the rate determined under subparagraph
                        (A), (E), (F), (G), (H), or (I) of this
                        paragraph, or paragraph (4), as the case may
                        be, for loans--
                                    ``(I) originated, transferred, or
                                purchased on or after the date of
                                enactment of the Taxpayer-Teacher
                                Protection Act of 2004;
                                    ``(II) financed by an obligation
                                that has matured, been retired, or
                                defeased on or after the date of
                                enactment of the Taxpayer-Teacher
                                Protection Act of 2004;
                                    ``(III) which the special allowance
                                was determined under such subparagraphs
                                or paragraph, as the case may be, on or
                                after the date of enactment of the
                                Taxpayer-Teacher Protection Act of
                                2004;
                                    ``(IV) for which the maturity date
                                of the obligation from which funds were
                                obtained for such loans was extended on
                                or after the date of enactment of the
                                Taxpayer-Teacher Protection Act of
                                2004; or
                                    ``(V) sold or transferred to any
                                other holder on or after the date of
                                enactment of the Taxpayer-Teacher
                                Protection Act of 2004.''.
            (2) Rule of construction.--Nothing in the amendment made by
        paragraph (1) shall be construed to abrogate a contractual
        agreement between the Federal Government and a student loan
        provider.
    (c) Prepayment of Current Loans.--
            (1) In general.--The Secretary of Education shall encourage
        a borrower to consolidate such borrower's loans under section
        428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C.
        1078-3 and 1087e(g)) if 1 or more of such loans is a loan for
        which the holder of the loan is entitled to a special allowance
        payment determined under section 438(b)(2)(B) of such Act (20
        U.S.C. 1087-1(b)(2)(B)) that ensures the holder a minimum 9.5
        percent rate of return on such loan, by offering the borrower
        an incentive, as described in paragraph (2).
            (2) Incentive.--Except as provided in paragraph (3), an
        incentive to a borrower regarding a loan for which the holder
        of the loan is entitled to a special allowance payment
        determined under section 438(b)(2)(B) of the Higher Education
        Act of 1965 (20 U.S.C. 1087-1(b)(2)(B)) that ensures the holder
        a minimum 9.5 percent rate of return on such loan, shall take
        the form of--
                    (A) an immediate $1,000 reduction in the principal
                of such loan; or
                    (B) not less than a 1-percent reduction in the
                interest rate payments on such loan.
            (3) Exception.--The Secretary of Education shall not offer
        an incentive under paragraph (2) to a borrower of a loan
        described in such paragraph if offering the incentive will
        increase the long-term costs to the Federal Government of such
        loan.

SEC. 4. TUITION-FREE COLLEGE FOR FUTURE MATHEMATICS, SCIENCE, AND
              SPECIAL EDUCATION TEACHERS.

    (a) Additional Amounts for Teachers in Mathematics, Science, and
Special Education.--
            (1) FFEL loans.--Section 428J(c)(3) of the Higher Education
        Act of 1965 (20 U.S.C. 1078-10(c)(3)) is amended by striking
        ``$17,500'' and inserting ``$23,000''.
            (2) Direct loans.--Section 460(c)(3) of the Higher
        Education Act of 1965 (20 U.S.C. 1087j(c)(3)) is amended by
        striking ``$17,500'' and inserting ``$23,000''.
    (b) Effective Date.--The amendments made by this section shall
apply only with respect to eligible individuals who are new borrowers
on or after October 1, 1998.

SEC. 5. INCREASED GRANT AID TO PELL GRANT RECIPIENTS.

    (a) In General.--Any funds available to the Secretary of Education
as a result of reduced expenditures under section 438 of the Higher
Education Act of 1965 (20 U.S.C. 1087-1) secured by the enactment of
section 3 shall first be used by the Secretary for loan cancellation
and loan forgiveness for teachers under sections 428J and 460 of the
Higher Education Act of 1965 (20 U.S.C. 1078-10 and 1087j), as amended
by section 4.
    (b) Remaining Funds.--
            (1) In general.--Any such funds remaining after carrying
        out subsection (a) shall be used by the Secretary of Education
        to make payments to each nonprofit lender in an amount that
        bears the same relation to the remaining funds as the amount
        the nonprofit lender receives for fiscal year 2005 under
        section 438(b)(2)(B) of the Higher Education Act of 1965 (20
        U.S.C. 1087-1(b)(2)(B)) bears to the total amount received by
        nonprofit lenders for fiscal year 2005 under such section.
            (2) Definition of nonprofit lender.--In this subsection,
        the term ``nonprofit lender'' means an eligible lender (as
        defined in section 435(d) of the Higher Education Act of 1965
        (20 U.S.C. 1085(d)) that--
                    (A) is an organization described in section
                501(c)(3) of the Internal Revenue Code of 1986;
                    (B) is a nonprofit entity as defined by applicable
                State law; and
                    (C) meets the following requirements:
                            (i) The nonprofit lender does not confer a
                        salary or benefits to any employee of the
                        nonprofit lender in an amount that is in excess
                        of the salary and benefits provided to the
                        Secretary of Education by the Department of
                        Education.
                            (ii) The nonprofit lender does not maintain
                        an ongoing relationship whereby the nonprofit
                        lender passes on revenue directly or indirectly
                        through lease, securitization, resale, or any
                        other financial instrument to a for-profit
                        entity or to shareholders.
                            (iii) The nonprofit lender does not offer
                        benefits to a borrower in a manner directly or
                        indirectly predicated on such borrower's
                        participation--
                                    (I) in a program under part B or D
                                of title IV of the Higher Education Act
                                of 1965 (20 U.S.C. 1071 et seq. and
                                1087a et seq.); or
                                    (II) with any particular lender.
                            (iv) The nonprofit lender certifies that
                        the nonprofit lender uses the payment received
                        pursuant to paragraph (1) to confer grant or
                        scholarship benefits to students who are
                        eligible to receive Federal Pell Grants under
                        subpart 1 of part A of title IV of the Higher
                        Education Act of 1965 (20 U.S.C. 1070a et
                        seq.).
                            (v) The nonprofit lender is subject to
                        public oversight through either a State charter
                        or through not less than 50 percent of the
                        nonprofit lender's board of directors
                        consisting of State-appointed representatives.
                            (vi) The nonprofit lender does not engage
                        in the marketing of the relative value of
                        programs under part B of title IV of the Higher
                        Education Act of 1965 (20 U.S.C. 1071 et seq.)
                        as compared to programs under part D of title
                        IV of the Higher Education Act of 1965 (20
                        U.S.C. 1087a et seq.), nor does the nonprofit
                        lender engage in the marketing of loans or
                        programs offered by for-profit lenders. This
                        clause shall not be construed to prohibit the
                        nonprofit lender from conferring basic
                        information on lenders under part B of title IV
                        of the Higher Education Act of 1965 (20 U.S.C.
                        1071 et seq.) and the related benefits offered
                        by such nonprofit lenders.

Summary: Student Loan Abuse Prevention Act of 2005 - Amends the Higher Education Act of 1965 as amended by the Taxpayer-Teacher Protection Act of 2004 (HEA) to reduce special allowance payments to holders of student loans by making permanent the ending of a 9.5 minimum guaranteed rate of return to such holders. Directs the Secretary of Education to give incentives, in the form of certain reductions in principal or interest rate, to borrowers to consolidate any current loans for which the holder is entitled to a special allowance that ensures such a 9.5 rate of return, provided such an incentive does not increase the cost of such loan to the federal government. Increases to $23,000 the maximum amount of student loan forgiveness under the Federal Family Education Loan and the Federal Direct Student Loan programs for certain eligible teachers of: (1) mathematics or science in secondary schools. And (2) special education in elementary and secondary schools. Directs the Secretary to use funds available from reduced expenditures resulting from this Act's reduction of special allowances to loan holders, as follows: (1) first, for the student loan cancellation and forgiveness programs for teachers under HEA as amended by this Act. And (2) then, the remainder for payments to nonprofit lenders meeting certain criteria and using such payments to confer grant or scholarship benefits on students eligible for Federal Pell Grants.

A bill to prevent abuse of the special allowance subsidies under the Federal Family Education Loan Program.