SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Reinvestment Act''.

SEC. 2. USE OF HAZARDOUS SUBSTANCE SUPERFUND FOR CLEANUP.

    (a) Availability of Amounts.--Section 111 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9611) is amended--
            (1) in subsection (a) by striking ``For the purposes
        specified'' and all that follows through ``for the following
        purposes:'' and inserting the following: ``The amount in the
        Hazardous Substance Superfund established under section 9507 of
        the Internal Revenue Code of 1986 shall be available, without
        further appropriation, to be used for the purposes specified in
        this section. The President shall use such amount for the
        following purposes:''; and
            (2) in subsection (c)--
                    (A) by striking ``Subject to such amounts as are
                provided in appropriations Acts, the'' each place it
                appears and inserting ``The''; and
                    (B) in paragraph (12) by striking ``to the extent
                that such costs'' and all that follows through ``and
                1994''.
    (b) Amendment to the Internal Revenue Code.--Section 9507 of the
Internal Revenue Code of 1986 is amended--
            (1) by striking ``appropriated to'' in subsection (a)(1)
        and inserting ``made available for'';
            (2) by striking ``appropriated'' in subsection (b) and
        inserting ``transferred'';
            (3) by striking ``, as provided in appropriations Acts,''
        in subsection (c)(1); and
            (4) by striking ``December 31, 1995'' in subsection
        (d)(3)(B) and inserting ``December 31, 2024''.

SEC. 3. BUDGETARY TREATMENT OF HAZARDOUS SUBSTANCE SUPERFUND.

    Notwithstanding any other provision of law, the receipts and
disbursements of the Hazardous Substance Superfund established in
section 9507 of the Internal Revenue Code of 1986--
            (1) shall not be counted as new budget authority, outlays,
        receipts, or deficit or surplus for purposes of--
                    (A) the budget of the United States Government as
                submitted by the President;
                    (B) the congressional budget (including allocations
                of budget authority and outlays provided therein);
                    (C) the Balanced Budget and Emergency Deficit
                Control Act of 1985; or
                    (D) the Statutory Pay-As-You-Go Act of 2010;
            (2) shall be exempt from any general budget limitation
        imposed by statute on expenditures and net lending (budget
        outlays) of the United States Government; and
            (3) shall be available only for the purposes specified in
        section 111 of the Comprehensive Environmental Response,
        Compensation, and Liability Act of 1980 (42 U.S.C. 9611).

SEC. 4. MODIFICATION OF SUPERFUND TAXES.

    (a)  Hazardous Substance Superfund Financing Rate.--
            (1) Extension.--Subsection (e) of section 4611 of the
        Internal Revenue Code of 1986 is amended to read as follows:
    ``(e) Application of Hazardous Substance Superfund Financing
Rate.--The Hazardous Substance Superfund financing rate under this
section shall apply after December 31, 1986, and before January 1,
1996, and after the date of the enactment of the Superfund Reinvestment
Act and before January 1, 2025.''.
            (2) Adjustment for inflation.--
                    (A) Section 4611(c)(2)(A) of such Code is amended
                by striking ``9.7 cents'' and inserting ``16.3 cents''.
                    (B) Section 4611(c) of such Code is amended by
                adding at the end the following:
            ``(3) Adjustment for inflation.--
                    ``(A) In general.--In the case of a year beginning
                after 2016, the amount in paragraph (2)(A) shall be
                increased by an amount equal to--
                            ``(i) such amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year, determined by substituting
                        `calendar year 2015' for `calendar year 1992'
                        in subparagraph (B) thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $0.01, such
                amount shall be rounded to the next lowest multiple of
                $0.01.''.
    (b) Adjustment of Excise Tax on Certain Chemicals for Inflation.--
Section 4661(b) of such Code is amended to read as follows:
    ``(b) Amount of Tax.--
            ``(1) In general.--The amount of the tax imposed by
        subsection (a) shall be determined in accordance with the
        following table:

------------------------------------------------------------------------
                                                      The tax is the
               ``In the case of:                   following amount per
                                                           ton:
------------------------------------------------------------------------
Acetylene                                                         $11.35
Benzene                                                            11.35
Butane                                                             11.35
Butylene                                                           11.35
Butadiene                                                          11.35
Ethylene                                                           11.35
Methane                                                             8.02
Naphthalene                                                        11.35
Propylene                                                          11.35
Toluene                                                            11.35
Xylene                                                             11.35
Ammonia                                                             6.15
Antimony                                                           10.37
Antimony trioxide                                                   8.74
Arsenic                                                            10.37
Arsenic trioxide                                                    7.95
Barium sulfide                                                      5.36
Bromine                                                            10.37
Cadmium                                                            10.37
Chlorine                                                            6.29
Chromium                                                           10.37
Chromite                                                            3.54
Potassium dichromate                                                3.94
Sodium dichromate                                                   4.36
Cobalt                                                             10.37
Cupric sulfate                                                      4.36
Cupric oxide                                                        8.37
Cuprous oxide                                                       9.25
Hydrochloric acid                                                   0.68
Hydrogen fluoride                                                   9.86
Lead oxide                                                          9.65
Mercury                                                            10.37
Nickel                                                             10.37
Phosphorus                                                         10.37
Stannous chloride                                                   6.64
Stannic chloride                                                    4.94
Zinc chloride                                                       5.17
Zinc sulfate                                                        4.43
Potassium hydroxide                                                 0.51
Sodium hydroxide                                                    0.65
Sulfuric acid                                                       0.61
Nitric acid                                                        0.56.
------------------------------------------------------------------------

            ``(2) Adjustment for inflation.--
                    ``(A) In general.--In the case of a calendar year
                beginning after 2016, each of the amounts in the table
                in paragraph (1) shall be increased by an amount equal
                to--
                            ``(i) such amount, multiplied by
                            ``(ii) the cost-of-living adjustment
                        determined under section 1(f)(3) for the
                        calendar year, determined by substituting
                        `calendar year 2015' for `calendar year 1992'
                        in subparagraph (B) thereof.
                    ``(B) Rounding.--If any amount as adjusted under
                subparagraph (A) is not a multiple of $0.01, such
                amount shall be rounded to the next lowest multiple of
                $0.01.''.
    (c) Corporate Environmental Income Tax Reinstated.--
            (1) In general.--Subchapter A of chapter 1 of the such Code
        is amended by inserting after part VI the following:

                     ``PART VII--ENVIRONMENTAL TAX

``SEC. 59A. ENVIRONMENTAL TAX.

    ``(a) Imposition of Tax.--In the case of a corporation, there is
hereby imposed (in addition to any other tax imposed by this subtitle)
a tax equal to 0.12 percent of the excess of--
            ``(1) the modified alternative minimum taxable income of
        such corporation for the taxable year, over
            ``(2) $3,735,000.
    ``(b) Modified Alternative Minimum Taxable Income.--For purposes of
this section, the term `modified alternative minimum taxable income'
means alternative minimum taxable income (as defined in section
55(b)(2)) but determined without regard to--
            ``(1) the alternative tax net operating loss deduction (as
        defined in section 56(d)), and
            ``(2) the deduction allowed under section 164(a)(5).
    ``(c) Exception for RICs and REITs.--The tax imposed by subsection
(a) shall not apply to--
            ``(1) a regulated investment company to which part I of
        subchapter M applies, and
            ``(2) a real estate investment trust to which part II of
        subchapter M applies.
    ``(d) Special Rules.--
            ``(1) Short taxable years.--The application of this section
        to taxable years of less than 12 months shall be in accordance
        with regulations prescribed by the Secretary.
            ``(2) Section 15 not to apply.--Section 15 shall not apply
        to the tax imposed by this section.
    ``(e) Adjustment for Inflation.--
            ``(1) In general.--In the case of a taxable year beginning
        after 2016, the dollar amount in subsection (a)(2) shall be
        increased by an amount equal to--
                    ``(A) such amount, multiplied by
                    ``(B) the cost-of-living adjustment determined
                under section 1(f)(3) for the calendar year in which
                the taxable year begins, determined by substituting
                `calendar year 2015' for `calendar year 1992' in
                subparagraph (B) thereof.
            ``(2) Rounding.--If any amount as adjusted under
        subparagraph (A) is not a multiple of $1,000, such amount shall
        be rounded to the next lowest multiple of $1,000.
    ``(f) Application of Tax.--The tax imposed by this section shall
apply to taxable years ending after the date of the enactment of the
Superfund Reinvestment Act and beginning before January 1, 2025.''.
            (2) Conforming amendments.--
                    (A) Paragraph (2) of section 26(b) of such Code is
                amended by inserting after subparagraph (A) the
                following:
                    ``(B) section 59A (relating to environmental
                tax),''.
                    (B) Section 30A(c) of such Code is amended by
                redesignating paragraphs (1), (2), and (3) as
                paragraphs (2), (3), and (4), respectively, and by
                inserting before paragraph (2) (as so redesignated) the
                following:
            ``(1) section 59A (relating to environmental tax),''.
                    (C) Subsection (a) of section 164 of such Code is
                amended by inserting after paragraph (4) the following:
            ``(5) The environmental tax imposed by section 59A.''.
                    (D) Section 275(a) of such Code is amended by
                inserting at the end the following flush sentence:
                ``Paragraph (1) shall not apply to the tax imposed by
                section 59A.''.
                    (E) Section 882(a)(1) of such Code is amended by
                inserting ``59A,'' after ``55,''.
                    (F) Section 1561(a) of such Code is amended--
                            (i) by striking ``and'' at the end of
                        paragraph (2),
                            (ii) by striking the period at the end of
                        paragraph (3) and inserting ``, and'',
                            (iii) by inserting after paragraph (3) the
                        following:
            ``(4) one dollar amount in effect under section 59A(a)(2)
        for the taxable year for purposes of computing the tax imposed
        by section 59A.'', and
                            (iv) by striking ``and the amount specified
                        in paragraph (3)'' and inserting ``, the amount
                        specified in paragraph (3), and the amount
                        specified in paragraph (4)''.
                    (G) Section 6425(c)(1)(A) of such Code is amended
                by striking ``plus'' at end of clause (i), by inserting
                ``plus'' at the end of clause (ii), and by inserting
                after clause (ii) the following:
                            ``(iii) the tax imposed by section 59A,
                        over''.
                    (H) Section 6655 of such Code is amended--
                            (i) in subsections (e)(2)(A)(i) and
                        (e)(2)(B)(i), by striking ``taxable income and
                        alternative minimum taxable income'' and
                        inserting ``taxable income, alternative minimum
                        taxable income, and modified alternative
                        minimum taxable income'',
                            (ii) in subsection (e)(2)(B), by inserting
                        after clause (ii) the following:
                            ``(iii) Modified alternative minimum
                        taxable income.--The term `modified alternative
                        minimum taxable income' has the meaning given
                        to such term by section 59A(b).'', and
                            (iii) in subsection (g)(1)(A), by striking
                        ``plus'' at the end of clause (ii), by
                        redesignating clause (iii) as clause (iv) and
                        by inserting after clause (ii) the following:
                            ``(iii) the tax imposed by section 59A,
                        plus''.
                    (I) Section 9507(b)(1) of such Code is amended by
                inserting ``59A,'' before ``4611''.
            (3) Clerical amendment.--The table of parts for subchapter
        A of chapter 1 of such Code is amended by inserting after the
        item relating to part VI the following new item:

                    ``Part VII. Environmental Tax''.

    (d) Clarification of Tar Sands as Crude Oil for Excise Tax
Purposes.--
            (1) In general.--Section 4612(a)(1) of such Code is amended
        to read as follows:
            ``(1) Crude oil.--The term `crude oil' includes crude oil
        condensates, natural gasoline, any bitumen or bituminous
        mixture, any oil derived from a bitumen or bituminous mixture
        (including oil derived from tar sands), and any oil derived
        from kerogen-bearing sources (including oil derived from oil
        shale).''.
            (2) Technical amendment.--Section 4612(a)(2) of such Code
        is amended by striking ``from a well located''.
    (e) Technical Amendments.--
            (1) Subsection (b) of section 4611 of such Code is
        amended--
                    (A) by striking ``or exported from'' in paragraph
                (1)(A);
                    (B) by striking ``or exportation'' in paragraph
                (1)(B); and
                    (C) by striking ``and Exportation'' in the heading
                thereof.
            (2) Paragraph (3) of section 4611(d) of such Code is
        amended--
                    (A) by striking ``or exporting the crude oil, as
                the case may be'' and inserting ``the crude oil''; and
                    (B) by striking ``or exports'' in the heading
                thereof.
    (f) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to oil and
        petroleum products received or entered during calendar quarters
        beginning after December 31, 2015.
            (2) Corporate environmental income tax.--The amendment made
        by section 4(c) shall apply to taxable years beginning after
        December 31, 2015.

SEC. 5. APPLICABILITY.

    (a) In General.--Except as provided in section 4(f), this Act
(including the amendments made by this Act) shall apply to fiscal years
beginning after September 30, 2015.

Summary: Superfund Reinvestment Act Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to authorize the use of amounts in the Hazardous Substance Superfund for environmental cleanup costs authorized by such Act. Provides that receipts and disbursements of the Hazardous Substance Superfund: (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus, for purposes of the President's budget, the congressional budget, the Balanced Budget and Emergency Deficit Control Act of 1985, or the Statutory Pay-As-You-Go Act of 2010, (2) shall be exempt from any general budget limitations. And (3) shall be available only for the purposes specified in CERCLA. Amends the Internal Revenue Code to: (1) reinstate through December 31, 2024 and adjust for inflation annually after 2016, the Hazardous Substance Superfund financing rate and the corporate environmental income tax threshold amount, (2) extend the borrowing authority of the Superfund through 2024, and (3) modify the definition of quot, crude oilquot. For purposes of the excise tax on petroleum and petroleum products to include any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture , and any oil derived from kerogen-bearing sources .

Superfund Reinvestment Act


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DMZ War Veterans Recognition Act of
2006''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Korean War, which began in 1950 and ended when the
        Korean War Armistice was signed in 1953, is commonly known as
        the ``Forgotten War'';
            (2) a later war in Korea, known only to some veterans and
        their families as the ``Unknown War'' or the ``DMZ War'',
        occurred long after the Korean War Armistice was signed in
        1953;
            (3) according to military documents, the leadership of
        North Korea issued a declaration of war against the United
        States in a speech in 1966, which read that ``U.S. imperialists
        should be dealt blows and their forces dispersed to the maximum
        in Asia. . . .'';
            (4) the 124th Special Forces unit of North Korea--
                    (A) was trained--
                            (i) to destroy the camps and civilians of
                        the United States;
                            (ii) to disrupt travel and communication
                        between the Armed Forces; and
                            (iii) to sabotage and assassinate the
                        government officials of South Korea and the
                        United States; and
                    (B) repeatedly confronted the soldiers of the
                United States and the Republic of Korea when crossing
                through the Demilitarized Zone;
            (5) since the Armistice was signed, over 40,000 Armistice
        violations have occurred, many of which involved troops of the
        United States who were stationed in and around Korea;
            (6) some of those violations, like the capture of the USS
        Pueblo, caught the attention of the media, although most have
        not;
            (7) since the end of the Korean War, many soldiers of the
        United States have died or been wounded in Korea as a result of
        hostile fire;
            (8) some veterans of the Republic of Korea suffer from
        exposure to Agent Orange, which was used during a period that
        began in 1968 and ended in 1969 in and around the DMZ;
            (9) because the hazardous properties of Agent Orange last
        for at least 100 years, soldiers of the United States who later
        served in the Demilitarized Zone had been exposed to the
        chemical long after the Armed Forces stopped using it;
            (10) the military personnel of the United States who served
        in the Korean War during the period that began in 1966 and
        ended in 1969 received the Armed Forces Expeditionary Medal;
        and
            (11) a few of the soldiers who fought and died in the
        Korean War have been--
                    (A) nominated posthumously for the Congressional
                Medal of Honor; and
                    (B) awarded--
                            (i) the Silver Star or Bronze Star for
                        valor in combat; and
                            (ii) the Purple Heart for being wounded in
                        combat.

SEC. 3. DEFINITIONS.

    (a) Plaque.--The term ``plaque'' means the plaque directed to be
placed at the Korean War Veterans Memorial in Washington, D.C. under
section 4(a).
    (b) Secretary.--The term ``Secretary'' means the Secretary of the
Interior, acting through the Director of the National Park Service.

SEC. 4. PLACEMENT OF COMMEMORATIVE PLAQUE.

    Not later than November 11, 2009, the Secretary shall place on or
near the grounds of the Korean War Veterans Memorial in Washington,
D.C., a plaque to commemorate the sacrifices of those who served, were
wounded, or were killed from 1953 until the present in the defense of
the Republic of Korea, that contains the following inscription (in
which the bracketed space shall include the date on which the plaque is
placed): ``Dedicated to the soldiers of the United States and the
Republic of Korea who served, were wounded, or were killed from 1953
until the present in the defense of the Republic of Korea. The efforts
of those soldiers have enabled the Republic of Korea to develop into a
successful and modern country. Since 1953, the Armed Forces of the
United States experienced more than 40,000 `Armistice violation
incidents.' Those incidents have caused the deaths of over 100 soldiers
of the Armed Forces of the United States and the wounding of hundreds
more from hostile fire in the Korean Peninsula and its surrounding
waters. Unknown to most citizens, the soldiers of the United States and
the Republic of Korea fought and won the `DMZ War' between November
1966 and December 1969. That war caused the majority of the Armistice
casualties. We remember the service, sacrifice, and valor of all of
those soldiers on this 40th anniversary of the start of the DMZ War.
Their fellow soldiers and their families will never forget them. Let
this Plaque aid their countries to remember them as well. Placed this
day, [__________].''.

Summary: DMZ War Veterans Recognition Act of 2006 - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to place on or near the grounds of the Korean War Veterans Memorial in Washington, D. C. a plaque to commemorate the sacrifices of those who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea.

A bill to recognize and honor the soldiers of the United States and Republic of Korea who served, were wounded, or were killed from 1953 until the present in the defense of the Republic of Korea, to require the placement of a commemorative plaque at the Korean War Veterans Memorial in Washington, D.C., and for other purposes.


SECTION 1. ESTABLISHMENT OF THE OFFICE OF WOMEN'S EQUITY.

    (a) Office of Women's Equity.--The Department of Education
Organization Act is amended--
            (1) by redesignating section 215 as 216; and
            (2) by inserting after section 214 the following:

``SEC. 215. OFFICE OF WOMEN'S EQUITY.

    ``(a) There shall be in the Department, an Office of Women's
Equity, to be administered by a Director of Women's Equity, who shall
be appointed by the Secretary. The Director shall promote, coordinate
and evaluate gender equity programs, disseminate information, provide
technical assistance, coordinate research activities, and administer
grant programs. The Director shall report directly to the Secretary,
and shall perform such additional functions as the Secretary shall
prescribe.
    ``(b) The Director shall, not later than the final day of each
fiscal year, submit a report to the President and the Congress setting
forth the programs and activities assisted under the Women's
Educational Equity Act, and provide for the distribution of such report
to all interested groups and individuals.''.
    (b) Organizational Entity.--For purposes of section 413(a) of the
Department of Education Organization Act, the Office of Women's Equity
shall be considered to be an organizational entity established under
such Act and shall not be subject to the reorganization authority of
the Secretary of Education under such section or any other provision of
law.

SEC. 2. WOMEN'S EDUCATIONAL EQUITY PROGRAM.

    Part A of title IV of the Elementary and Secondary Education Act of
1965 is amended to read as follows:

                  ``PART A--WOMEN'S EDUCATIONAL EQUITY

``SEC. 4001. SHORT TITLE.

    ``This part may be cited as the `Women's Educational Equity Act of
1993'.

``SEC. 4002. FINDINGS AND STATEMENT OF PURPOSE.

    ``(a) Findings.--The Congress finds and declares that--
            (1) educational programs in the United States are
        frequently inequitable as such programs relate to women and
        girls;
            (2) such inequities limit the full participation of all
        individuals in American society; and
            (3) efforts to improve the quality of public education also
        must include efforts to ensure equal access to quality
        education programs for all women and girls.
    ``(b) Purpose.--The purpose of this part is to provide gender
equity in education in the United States, to provide financial
assistance to enable educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments of 1972, and to
provide equity in education to women and girls who suffer multiple
forms of discrimination based on sex, race, ethnic origin, limited
English proficiency, disability, or age.

``SEC. 4003. PROGRAMS AUTHORIZED.

    ``The Director of the Office of Women's Educational Equity
(referred to in this part as the `Director' is authorized--
            ``(1) to promote, coordinate and evaluate gender equity
        policies, programs, activities and initiatives in all Federal
        education programs and offices;
            ``(2) to develop, maintain, and disseminate materials,
        resources, analyses and research relating to education equity
        for women and girls;
            ``(3) to provide information and technical assistance to
        assure the effective implementation of gender equity programs;
            ``(4) coordinate gender equity programs and activities with
        other Federal agencies that have jurisdiction over education
        and related programs;
            ``(5) to provide grants to develop model equity programs;
            ``(6) to provide funds for the implementation of equity
        programs in schools throughout the Nation; and
            ``(7) to coordinate or provide any other activities
        consistent with achieving the purposes of this part.

``SEC. 4004. LOCAL IMPLEMENTATION GRANTS.

    ``(a) Authority.--The Secretary is authorized to make grants to,
and enter into contracts with, public agencies, private nonprofit
agencies, organizations, and institutions, including students and
community groups, for activities designed to achieve the purposes of
this part at all levels of education, including preschool, elementary
and secondary education, higher education, adult education and
vocational and technical education; for the establishment and
operation, for a period not exceeding 4 years, of local programs to
ensure--
            ``(1) educational equity for women and girls;
            ``(2) equal opportunities for both sexes; and
            ``(3) to conduct activities incident to achieving
        compliance with title IX of the Education Amendments of 1972.
    ``(b) Grant Program.--Authorized activities under subsection (a)
may include--
            ``(1) introduction into the curriculum and classroom of
        curricula, textbooks, and other material designed to achieve
        equity for women and girls;
            ``(2) implementation of preservice and inservice training
        with special emphasis on programs and activities designed to
        provide educational equity for women and girls;
            ``(3) evaluation of promising or exemplary model programs
        to assess the ability of such programs to improve local efforts
        to advance educational equity for women and girls;
            ``(4) implementation of programs and policies to address
        sexual harassment and violence against women and girls and to
        ensure that educational institutions are free from threats to
        the safety of students and personnel;
            ``(5) implementation of guidance and counseling activities,
        including career education programs, designed to ensure
        educational equity for women and girls;
            ``(6) implementation of nondiscriminatory tests of aptitude
        and achievement and of alternative assessments that eliminate
        biased assessment instruments from use;
            ``(7) implementation of programs to increase educational
        opportunities, including higher education, vocational training,
        and other educational programs for low-income women; including
        underemployed and unemployed women and women receiving Aid to
        Families with Dependent Children benefits;
            ``(8) implementation of programs to improve representation
        of women in educational administration at all levels; and
            ``(9) planning, development and initial implementation of--
                    ``(A) comprehensive plans for implementation of
                equity programs in State and local educational agencies
                and institutions of higher education, including
                community colleges;
                    ``(B) innovative approaches to school-community
                partnerships for educational equity; and
                    ``(C) innovative approaches to equity programs
                addressing combined bias, stereotyping, and
                discrimination on the basis of sex and race, ethnic
                origin, limited English proficiency, and disability.
    ``(c) Application; Participation.--A grant may be made, and a
contract may be entered into, under this part only upon application to
the Secretary, at such time, in such form, and containing or
accompanied by such information as the Secretary may prescribe. Each
such application shall--
            ``(1) provide that the program or activity for which
        assistance is sought will be administered by or under the
        supervision of the applicant and in cooperation with
        appropriate educational and community leaders, including
        parent, teacher and student organizations, educational
        institutions, business leaders, community-based organizations
        serving women, and other significant groups and individuals;
            ``(2) describe a program for carrying out the purposes
        described in section 4004(b) which is likely to make a
        substantial contribution in attaining such purposes;
            ``(3) describe plans for continuation and
        institutionalization of the program with local support
        following completion of the grant period and termination of
        Federal support under this part;
            ``(4) establish policies and procedures which ensure
        adequate documentation and evaluation of the activities
        intended to be carried out under the application.
    ``(d) Criteria; Priorities; Categories of Competition.--The
Secretary shall establish criteria, priorities, and categories of
competition for awards under this part to ensure that available funds
are used to achieve the purposes of this part.
            ``(1) The criteria shall address the extent to which--
                    ``(A) the program addresses the needs of women and
                girls of color and women and girls with disabilities;
                    ``(B) the program meets locally defined and
                documented educational equity needs and priorities,
                including compliance with the requirements of title IX
                of the Education Amendments of 1972;
                    ``(C) the program is a significant component of a
                comprehensive plan for educational equity and
                compliance with the requirements of title IX of the
                Education Amendments of 1972 in the particular local
                educational agency, institution of higher education,
                vocational-technical institution, or other educational
                agency or institution; and
                    ``(D) the program implements an institutional
                strategy with long-term impact that will continue as a
                central activity of the applicant agency or institution
                after the grant is completed.
            ``(2) The Secretary shall establish not more than 4
        priorities, 1 of which shall be a priority for compliance with
        title IX of the Educational Amendments of 1972. Not more than
        60 percent of the funds available in each fiscal year under
        this part which implement the 4 priorities.
            ``(3) The Secretary shall establish 3 categories of
        competition, distinguishing among 3 types of applicants and
        levels of education that are--
                    ``(A) grants to local educational agencies, State
                education agencies, and other agencies and
                organizations providing elementary and secondary
                education;
                    ``(B) grants to institutions of higher education,
                including community colleges and other agencies and
                organizations providing postsecondary education,
                including vocational-technical education, adult
                education, and other programs; and
                    ``(C) grants to nonprofit organizations, including
                community-based organizations groups representing
                students, parents, and women, including women and girls
                of color and women and girls with disabilities.
    ``(e) Requirement.--Not less than 25 percent of funds used to
support activities covered by subsection (b) shall be used for awards
under each category of competition in each fiscal year.
    ``(f) Special Rule.--The Secretary shall ensure that the grants
awarded each year address--
            ``(1) all levels of education, including preschool,
        elementary and secondary education, higher education,
        vocational education, and adult education;
            ``(2) all regions of the United States, including at least
        1 grant in each of the 10 Federal regions; and
            ``(3) urban, rural, and suburban educational institutions.

``SEC. 4005. RESEARCH AND DEVELOPMENT GRANTS.

    ``(a) Authority.--The Secretary is authorized to make grants to,
and enter into contracts with, public agencies, private nonprofit
agencies, organizations, and institutions, including students, and
community groups, for activities designed to achieve the purpose of
this part at all levels of education, including preschool, elementary
and secondary education, higher education, adult education, and
vocational-technical education, to develop model policies and programs,
and to conduct research to address and ensure educational equities for
women and girls, including but not limited to--
            ``(1) the development and evaluation of gender-equitable
        curricula, textbooks, software, and other educational material
        and technology;
            ``(2) the development of model preservice and inservice
        training programs for educational personnel with special
        emphasis on programs and activities designed to provide
        educational equity;
            ``(3) the development of guidance and counseling
        activities, including career education programs, designed to
        ensure gender equity;
            ``(4) the development and evaluation of nondiscriminatory
        assessment systems;
            ``(5) the development of policies and programs to address
        and prevent sexual harassment and violence to ensure that
        educational institutions are free from threats to safety of
        students and personnel;
            ``(6) the development and improvement of programs and
        activities to increase opportunity for women, including
        continuing educational activities, vocational education, and
        programs for low-income women, including underemployed and
        unemployed women, and women receiving Aid to Families with
        Dependent Children;
            ``(7) the development of instruments and strategies for
        program evaluation and dissemination of promising or exemplary
        programs designed to improve local efforts to achieve gender
        equity;
            ``(8) the development of instruments and procedures to
        assess the presence or absence of gender equity in educational
        settings; and
            ``(9) the development and evaluation of various strategies
        to institutionalize gender equity in education.
    ``(b) Application.--A grant may be made, and a contract may be
entered into, under this part only upon application to the Secretary,
at such time, in such form, and containing or accompanied by such
information as the Secretary may prescribe. Each such application
shall--
            ``(1) provide that the program or activity for which
        assistance is sought will be administered by or under the
        supervision of the applicant;
            ``(2) describe a plan for carrying out 1 or more research
        and development activities authorized in subsection (a) above,
        which is likely to make substantial contribution toward
        attaining the purposes of this part; and
            ``(3) set forth policies and procedures which ensure
        adequate documentation, data collection, and evaluation of the
        activities intended to be carried out under the application,
        including an evaluation or estimate of the potential for
        continued significance following completion of the grant
        period.
    ``(c) Criteria and Priorities.--(1) The Secretary shall establish
criteria and priorities to ensure that available funds are used for
programs that most effectively will achieve the purposes of this part.
    (2) The criteria and priorities shall be promulgated in accordance
with section 431 of the General Education Provisions Act.
    (3) In establishing priorities the Secretary shall establish not
more than 4 priorities, 1 of which shall be a program which addresses
the educational needs of women and girls who suffer multiple or
compound discrimination based on sex and on race, ethnic origin,
disability, or age.
    ``(d) Special Rule.--The Secretary shall ensure that the total of
grants awarded each year address--
            ``(1) all levels of education, including preschool,
        elementary and secondary education, higher education,
        vocational education, and adult education;
            ``(2) all regions of the United States.
    ``(e) Limitation.--Nothing in this part shall be construed as
prohibiting men and boys from participating in any programs or
activities assisted under this part.

``SEC. 4006. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $100,000,000 for the
fiscal year 1994, and such sums as may be necessary for each of the
fiscal years 1995, 1996, 1997, and 1998, to carry out the provisions of
section 4004 of this part; and $10,000,000 for the fiscal year 1994,
and such sums as may be necessary for each of the fiscal years 1995,
1996, 1997, and 1998 to carry out the provisions of section 4005 of
this part.''.

Summary: Amends the Department of Education Organization Act to establish an Office of Women's Equity as an organizational entity in the Department of Education. Requires the Director of such Office to report annually on the programs and activities assisted under the Women's Educational Equity Act. Women's Educational Equity Act of 1993 - Amends the Women's Educational Equity Act to reauthorize and revise grant programs to encourage gender equity throughout the educational system, including grants for model equity programs, local implementation, and research and development. Gives the Director of the Office of Women's Equity specified responsibilities under such Act. Authorizes appropriations.

Women's Educational Equity Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Care Quality Incentive Act of
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Recent research on early brain development reveals that
        much of a child's growth is determined by early learning and
        nurturing care. Research also shows that quality early care and
        education leads to increased cognitive abilities, positive
        classroom learning behavior, increased likelihood of long-term
        school success, and greater likelihood of long-term economic
        and social self-sufficiency.
            (2) Each day an estimated 13,000,000 children, including
        6,000,000 infants and toddlers, spend some part of their day in
        child care. However, a study in 4 States found that only 1 in 7
        child care centers provide care that promotes healthy
        development, while 1 in 8 child care centers provide care that
        threatens the safety and health of children.
            (3) Full-day child care can cost $4,000 to $10,000 per
        year.
            (4) Although Federal assistance is available for child
        care, funding is severely limited. Even with Federal subsidies,
        many families cannot afford child care. For families with young
        children and a monthly income under $1,200, the cost of child
        care typically consumes 25 percent of their income.
            (5) Payment (or reimbursement) rates, the maximum the State
        will reimburse a child care provider for the care of a child
        who receives a subsidy, are too low to ensure that quality care
        is accessible to all families.
            (6) Low payment rates directly affect the kind of care
        children get and whether families can find quality child care
        in their communities. In many instances, low payment rates
        force child care providers to cut corners in ways that lower
        the quality of care for children, including reducing number of
        staff, eliminating staff training opportunities, and cutting
        enriching educational activities and services.
            (7) Children in low quality child care are more likely to
        have delayed reading and language skills, and display more
        aggression toward other children and adults.
            (8) Increased payment rates lead to higher quality child
        care as child care providers are able to attract and retain
        qualified staff, provide salary increases and professional
        training, maintain a safe and healthy environment, and purchase
        basic supplies and developmentally appropriate educational
        materials.
    (b) Purpose.--The purpose of this Act is to improve the quality of,
and access to, child care by increasing child care payment rates.

SEC. 3. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.

    (a) Funding.--Section 658B of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858) is amended--
            (1) by striking ``There'' and inserting the following:
    ``(a) Authorization of Appropriations.--There''; and
            (2) by adding at the end the following:
    ``(b) Appropriation of Funds for Grants To Improve the Quality of
Child Care.--Out of any funds in the Treasury that are not otherwise
appropriated, there are authorized to be appropriated and there are
appropriated, for each of fiscal years 2000 through 2004, $300,000,000
for the purpose of making grants under section 658H.''.
    (b) Grants To Improve the Quality of Child Care.--The Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is
amended by inserting after section 658G the following:

``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.

    ``(a) Authority.--
            ``(1) In general.--The Secretary shall use the amount
        appropriated under section 658B(b) for a fiscal year to make
        grants to eligible States in accordance with this section.
            ``(2) Annual payments.--The Secretary shall make annual
        payments to each eligible State out of the allotment for that
        State determined under subsection (c).
    ``(b) Eligible States.--
            ``(1) In general.--In this section, the term `eligible
        States' means a State that--
                    ``(A) has conducted a survey of the market rates
                for child care services in the State within the 2 years
                preceding the date of the submission of an application
                under paragraph (2); and
                    ``(B) submits an application in accordance with
                paragraph (2).
            ``(2) Application.--
                    ``(A) In general.--To be eligible to receive a
                grant under this section, a State shall submit an
                application to the Secretary at such time, in such
                manner, and accompanied by such information, in
                addition to the information required under subparagraph
                (B), as the Secretary may require.
                    ``(B) Information required.--Each application
                submitted for a grant under this section shall--
                            ``(i) detail the methodology and results of
                        the State market rates survey conducted
                        pursuant to paragraph (1)(A);
                            ``(ii) describe the State's plan to
                        increase payment rates from the initial
                        baseline determined under clause (i); and
                            ``(iii) describe how the State will
                        increase payment rates in accordance with the
                        market survey findings.
            ``(3) Continuing eligibility requirement.--The Secretary
        may make an annual payment under this section to an eligible
        State only if--
                    ``(A) the Secretary determines that the State has
                made progress, through the activities assisted under
                this subchapter, in maintaining increased payment
                rates; and
                    ``(B) at least once every 2 years, the State
                conducts an update of the survey described in paragraph
                (1)(A).
            ``(4) Requirement of matching funds.--
                    ``(A) In general.--To be eligible to receive a
                grant under this section, the State shall agree to make
                available State contributions from State sources toward
                the costs of the activities to be carried out by a
                State pursuant to subsection (d) in an amount that is
                not less than 25 percent of such costs.
                    ``(B) Determination of state contributions.--State
                contributions shall be in cash. Amounts provided by the
                Federal Government may not be included in determining
                the amount of such State contributions.
    ``(c) Allotments to Eligible States.--The amount appropriated under
section 658B(b) for a fiscal year shall be allotted among the eligible
States in the same manner as amounts are allotted under section
658O(b).
    ``(d) Use of Funds.--
            ``(1) Priority use.--An eligible State that receives a
        grant under this section shall use the funds received to
        significantly increase the payment rate for the provision of
        child care assistance in accordance with this subchapter up to
        the 100th percentile of the market rate survey described in
        subsection (b)(1)(A).
            ``(2) Additional uses.--An eligible State that demonstrates
        to the Secretary that the State has achieved a payment rate of
        the 100th percentile of the market rate survey described in
        subsection (b)(1)(A) may use funds received under a grant made
        under this section for any other activity that the State
        demonstrates to the Secretary will enhance the quality of child
        care services provided in the State.
            ``(3) Payment rate.--In this section, the term `payment
        rate' means the rate of reimbursement to providers for
        subsidized child care.
            ``(4) Supplement not supplant.--Amounts paid to a State
        under this section shall be used to supplement and not supplant
        other Federal, State, or local funds provided to the State
        under this subchapter or any other provision of law.
    ``(e) Evaluations and Reports.--
            ``(1) State evaluations.--Each eligible State shall submit
        to the Secretary, at such time and in such form and manner as
        the Secretary may require, information regarding the State's
        efforts to increase payment rates and the impact increased
        rates are having on the quality of, and accessibility to, child
        care in the State.
            ``(2) Reports to congress.--The Secretary shall submit
        biennial reports to Congress on the information described in
        paragraph (1). Such reports shall include data from the
        applications submitted under subsection (b)(2) as a baseline
        for determining the progress of each eligible State in
        maintaining increased payment rates.''.

Summary: Child Care Quality Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a program of incentive grants to improve the quality of, and access to, child care by increasing child care payment rates. Authorizes appropriations. Directs the Secretary of Health and Human Services to make such grants to eligible States from specified allotments. Conditions a State's initial eligibility on its having surveyed the market rates for child care services in the State within the two years preceding submission of its application. Authorizes the Secretary to make an annual payment to an eligible State only if: (1) the Secretary determines that the State has made progress, through the assisted activities, in maintaining increased payment rates. And (2) the State updates such survey at least once every two years. Requires the State, to be eligible to receive such a grant, to agree to make available State contributions in cash from State sources toward at least 25 percent of the costs of priority required activities and additional authorized activities. Requires an eligible State that receives such a grant to make priority use of such funds to increase significantly the rate of reimbursement to providers for subsidized child care. Allows an eligible State, if it demonstrates to the Secretary that it has achieved such a payment rate for provision of child care assistance of the 100th percentile of the market rate survey, to use grant funds for any additional activity it demonstrates will enhance the quality of child care services. Requires evaluation reports by States to the Secretary, as well as biennial reports by the Secretary to the Congress.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security
and Elimination of Sanctuary for Illegal Aliens Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The illegal entry into the United States of dangerous
        gang members, such as MS-13, is a direct threat to the security
        of the United States.
            (2) The continuing rise of illegal immigration increases
        the chances that a terrorist will gain entry into the United
        States undetected.
            (3) The rising cost to United States taxpayers to support
        housing, health care, education expenses, and criminal justice
        for illegal aliens has reached between $11,000,000,000 and
        $22,000,000,000 per year.
            (4) Any attempt to deal with illegal aliens currently
        living in the United States must start with the United States
        securing its borders.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the worsening crisis of illegal
immigration must be solved.

SEC. 4. BORDER SECURITY.

    (a) Full-Time Active-Duty Border Patrol Agents.--In order to
fulfill the requirement under section 5202 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3734) (relating to an increase in the number of positions for full-time
active-duty border patrol agents within the Department of Homeland
Security), and subject to the availability of appropriations for such
purpose, the Secretary of Homeland Security shall--
            (1) increase incentives to recruit individuals to become
        such agents by offering such individuals repayment of higher
        education loans, not to exceed $6,000 per year and a maximum of
        $40,000; and
            (2) develop incentives to retain experienced border patrol
        agents through the establishment of a retention program.
    (b) Deployment of Technology.--In accordance with section 2(a)(1)
of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701
note), the Secretary of Homeland Security is authorized to deploy
newly-developed and cutting-edge technologies to secure the
international land and maritime borders of the United States.
    (c) Construction of Border Fence.--The Secretary of Homeland
Security shall--
            (1) make a priority the construction of the border fencing
        required under section 102 of the Illegal Immigration Reform
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note);
        and
            (2) not later than June 30, 2008, submit to Congress a
        report on the progress and expected completion date of such
        construction.

SEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS.

    If an alien who is unlawfully present in the United States is
arrested for any offense by a State or local law enforcement agency,
the head of such agency shall immediately notify United States
Immigration and Customs Enforcement (ICE) of such arrest and the
identity of such alien.

SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS.

    (a) Action by ICE; Expedited Removal.--Upon notification under
section 5, the alien arrested under such section shall be immediately
detained by United States Immigration and Customs Enforcement and
presented before an immigration judge (as defined in section 101(b)(4)
of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))), the name
and fingerprints of such alien shall be added to an appropriate watch
list maintained by the Department of Homeland Security concerning
aliens who have been unlawfully present in the United States, and such
immigration judge shall order such alien immediately removed from the
United States without being released from detention and without further
hearing or review in the same manner as an alien described in
subparagraph (A)(i) of section 235(b)(1) of such Act (8 U.S.C.
1225(b)(1)) is subject to immediate removal from the United States
under the provisions of such section.
    (b) Permanent Ineligibility for Admission to United States.--
Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate
period of more than 1 year'' and inserting ``for any period of time''.
    (c) Criminal Penalties for Subsequent Unlawful Presence.--An alien
who is removed from the United States under subsection (a) and who is
subsequently determined to be unlawfully present in the United States
shall be imprisoned for not more than five years and fined in
accordance with title 18, United States Code, and shall be removed from
the United States in accordance with the expedited removal proceedings
described in such subsection after the completion of such alien's term
of imprisonment.

Summary: Border Security and Elimination of Sanctuary for Illegal Aliens Act of 2007 - Expresses the sense of Congress that the worsening crisis of illegal immigration must be solved. Directs the Secretary of Homeland Security to: (1) increase incentives to recruit Border Patrol agents through repayment of higher education loans, (2) establish a retention program. And (3) make construction of border fencing a priority. Authorizes the Secretary to deploy newly-developed technology along the land and maritime borders. Requires that a state or local law enforcement agency that arrests an alien unlawfully in the United States for any reason shall notify United States Immigration and Customs Enforcement respecting such arrest and provide the identity of the arrested person. Provides for: (1) such person's expedited removal from the United States, and (2) criminal penalties and expedited removal for a subsequent unlawful presence. Makes inadmissible to the United States an alien who has been unlawfully present in the United States and who attempts to illegally enter or reenter the United States.

To end the cycle of illegal immigration in the United States.


SECTION 1. DEFINITION OF RENEWABLE BIOMASS.

    (a) Clean Air Act Definitions.--
            (1) RFS definition.--Section 211(o)(1) of the Clean Air Act
        (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I)
        and inserting the following:
                    ``(I) Renewable biomass.--The term `renewable
                biomass' means--
                            ``(i) materials, pre-commercial thinnings,
                        or invasive species from National Forest System
                        land and public lands (as defined in section
                        103 of the Federal Land Policy and Management
                        Act of 1976 (43 U.S.C. 1702)) that--
                                    ``(I) are byproducts of preventive
                                treatments that are removed--
                                            ``(aa) to reduce hazardous
                                        fuels;
                                            ``(bb) to reduce or contain
                                        disease or insect infestation;
                                        or
                                            ``(cc) to restore ecosystem
                                        health;
                                    ``(II) would not otherwise be used
                                for higher-value products; and
                                    ``(III) are harvested in accordance
                                with--
                                            ``(aa) applicable law and
                                        land management plans; and
                                            ``(bb) the requirements
                                        for--

                                                    ``(AA) old-growth
                                                maintenance,
                                                restoration, and
                                                management direction of
                                                paragraphs (2), (3),
                                                and (4) of subsection
                                                (e) of section 102 of
                                                the Healthy Forests
                                                Restoration Act of 2003
                                                (16 U.S.C. 6512); and

                                                    ``(BB) large-tree
                                                retention of subsection
                                                (f) of that section; or

                            ``(ii) any organic matter that is available
                        on a renewable or recurring basis from non-
                        Federal land or land belonging to an Indian or
                        Indian tribe that is held in trust by the
                        United States or subject to a restriction
                        against alienation imposed by the United
                        States, including--
                                    ``(I) renewable plant material,
                                including--
                                            ``(aa) feed grains;
                                            ``(bb) other agricultural
                                        commodities;
                                            ``(cc) other plants and
                                        trees; and
                                            ``(dd) algae; and
                                    ``(II) waste material, including--
                                            ``(aa) crop residue;
                                            ``(bb) other vegetative
                                        waste material (including wood
                                        waste and wood residues);
                                            ``(cc) animal waste and
                                        byproducts (including fats,
                                        oils, greases, and manure); and
                                            ``(dd) food waste and yard
                                        waste.''.
            (2) Conversion assistance definition.--Section 211(s)(4) of
        the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking
        subparagraph (B) and inserting the following:
                    ``(B) Renewable biomass.--The term `renewable
                biomass' has the meaning given the term in subsection
                (o)(1).''.
    (b) Applicability Under Other Law.--The definition of the term
``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any
Federal law enacted after the date of enactment of this Act--
            (1) to establish a renewable electricity standard; or
            (2) to regulate the emission of greenhouse gases.

Summary: Amends the Clean Air Act to redefine renewable biomass as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention. Or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard, or (2) regulate the emission of greenhouse gases.

A bill to amend the Clean Air Act to modify certain definitions of the term "renewable biomass", and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Lawsuit Abuse
Protection Act of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the United States civil justice system is inefficient,
        unpredictable, unfair, costly, and impedes competitiveness in
        the marketplace for goods, services, business, and employees;
            (2) the defects in the civil justice system have a direct
        and undesirable effect on interstate commerce by decreasing the
        availability of goods and services in commerce;
            (3) there is a need to restore rationality, certainty, and
        fairness to the legal system;
            (4) the spiralling costs of litigation and the magnitude
        and unpredictability of punitive damage awards and noneconomic
        damage awards have continued unabated for at least the past 30
        years;
            (5) the Supreme Court of the United States has recognized
        that a punitive damage award can be unconstitutional if the
        award is grossly excessive in relation to the legitimate
        interest of the government in the punishment and deterrence of
        unlawful conduct;
            (6) just as punitive damage awards can be grossly
        excessive, so can it be grossly excessive in some circumstances
        for a party to be held responsible under the doctrine of joint
        and several liability for damages that party did not cause;
            (7) as a result of joint and several liability, entities
        including small businesses are often brought into litigation
        despite the fact that their conduct may have little or nothing
        to do with the accident or transaction giving rise to the
        lawsuit, and may therefore face increased and unjust costs due
        to the possibility or result of unfair and disproportionate
        damage awards;
            (8) the costs imposed by the civil justice system on small
        businesses are particularly acute, since small businesses often
        lack the resources to bear those costs and to challenge
        unwarranted lawsuits;
            (9) due to high liability costs and unwarranted litigation
        costs, small businesses face higher costs in purchasing
        insurance through interstate insurance markets to cover their
        activities;
            (10) liability reform for small businesses will promote the
        free flow of goods and services, lessen burdens on interstate
        commerce, and decrease litigiousness; and
            (11) legislation to address these concerns is an
        appropriate exercise of Congress' powers under Article I,
        section 8, clauses 3, 9, and 18 of the Constitution, and the
        fourteenth amendment to the Constitution.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Act of international terrorism.--The term ``act of
        international terrorism'' has the same meaning as in section
        2331 of title 18, United States Code).
            (2) Crime of violence.--The term ``crime of violence'' has
        the same meaning as in section 16 of title 18, United States
        Code.
            (3) Drug.--The term ``drug'' means any controlled substance
        (as that term is defined in section 102 of the Controlled
        Substances Act (21 U.S.C. 802(b)) that was not legally
        prescribed for use by the defendant or that was taken by the
        defendant other than in accordance with the terms of a lawfully
        issued prescription.
            (4) Economic loss.--The term ``economic loss'' means any
        pecuniary loss resulting from harm (including the loss of
        earnings or other benefits related to employment, medical
        expense loss, replacement services loss, loss due to death,
        burial costs, and loss of business or employment opportunities)
        to the extent recovery for such loss is allowed under
        applicable State law.
            (5) Harm.--The term ``harm'' includes physical,
        nonphysical, economic, and noneconomic losses.
            (6) Hate crime.--The term ``hate crime'' means a crime
        described in section 1(b) of the Hate Crime Statistics Act (28
        U.S.C. 534 note)).
            (7) Noneconomic losses.--The term ``noneconomic losses''
        means losses for physical and emotional pain, suffering,
        inconvenience, physical impairment, mental anguish,
        disfigurement, loss of enjoyment of life, loss of society and
        companionship, loss of consortium (other than loss of domestic
        service), injury to reputation, and all other nonpecuniary
        losses of any kind or nature.
            (8) Small business.--
                    (A) In general.--The term ``small business'' means
                any unincorporated business, or any partnership,
                corporation, association, unit of local government, or
                organization that has less than 25 full-time employees.
                    (B) Calculation of number of employees.--For
                purposes of subparagraph (A), the number of employees
                of a subsidiary of a wholly-owned corporation includes
                the employees of--
                            (i) a parent corporation; and
                            (ii) any other subsidiary corporation of
                        that parent corporation.
            (10) State.--The term ``State'' means each of the several
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, the Virgin Islands, Guam, American Samoa, the Northern
        Mariana Islands, any other territory or possession of the
        United States, or any political subdivision of any such State,
        territory, or possession.

SEC. 4. LIMITATION ON PUNITIVE DAMAGES FOR SMALL BUSINESSES.

    (a) General Rule.--Except as provided in section 6, in any civil
action against a small business, punitive damages may, to the extent
permitted by applicable State law, be awarded against the small
business only if the claimant establishes by clear and convincing
evidence that conduct carried out by that defendant through willful
misconduct or with a conscious, flagrant indifference to the rights or
safety of others was the proximate cause of the harm that is the
subject of the action.
    (b) Limitation on Amount.--In any civil action against a small
business, punitive damages shall not exceed the lesser of--
            (1) two times the total amount awarded to the claimant for
        economic and noneconomic losses; or
            (2) $250,000.
    (c) Application by Court.--This section shall be applied by the
court and shall not be disclosed to the jury.

SEC. 5. LIMITATION ON SEVERAL LIABILITY FOR NONECONOMIC LOSS FOR SMALL
              BUSINESSES.

    (a) General Rule.--Except as provided in section 6, in any civil
action against a small business, the liability of each defendant that
is a small business, or the agent of a small business, for noneconomic
loss shall be determined in accordance with subsection (b).
    (b) Amount of Liability.--
            (1) In general.--In any civil action described in
        subsection (a)--
                    (A) each defendant described in that subsection
                shall be liable only for the amount of noneconomic loss
                allocated to that defendant in direct proportion to the
                percentage of responsibility of that defendant
                (determined in accordance with paragraph (2)) for the
                harm to the claimant with respect to which the
                defendant is liable; and
                    (B) the court shall render a separate judgment
                against each defendant described in that subsection in
                an amount determined pursuant to subparagraph (A).
            (2) Percentage of responsibility.--For purposes of
        determining the amount of noneconomic loss allocated to a
        defendant under this section, the trier of fact shall determine
        the percentage of responsibility of each person responsible for
        the harm to the claimant, regardless of whether or not the
        person is a party to the action.

SEC. 6. EXCEPTIONS TO LIMITATIONS ON LIABILITY.

    The limitations on liability under sections 4 and 5 do not apply to
any misconduct of a defendant--
            (1) that constitutes--
                    (A) a crime of violence;
                    (B) an act of international terrorism; or
                    (C) a hate crime;
            (2) that involves--
                    (A) a sexual offense, as defined by applicable
                State law; or
                    (B) a violation of a Federal or State civil rights
                law; or
            (3) if the defendant was under the influence (as determined
        pursuant to applicable State law) of intoxicating alcohol or a
        drug at the time of the misconduct, and the fact that the
        defendant was under the influence was the cause of any harm
        alleged by the plaintiff in the subject action.

SEC. 7. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

    (a) Preemption.--Subject to subsection (b), this Act preempts the
laws of any State to the extent that State laws are inconsistent with
this Act, except that this Act shall not preempt any State law that
provides additional protections from liability for small businesses.
    (b) Election of State Regarding Nonapplicability.--This Act does
not apply to any action in a State court against a small business in
which all parties are citizens of the State, if the State enacts a
statute--
            (1) citing the authority of this subsection;
            (2) declaring the election of such State that this Act does
        not apply as of a date certain to such actions in the State;
        and
            (3) containing no other provision.

SEC. 8. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect 90 days after the date
of enactment of this Act.
    (b) Application.--This Act applies to any claim for harm caused by
an act or omission of a small business, if the claim is filed on or
after the effective date of this Act, without regard to whether the
harm that is the subject of the claim or the conduct that caused the
harm occurred before such effective date.

Summary: Small Business Lawsuit Abuse Protection Act of 1997 - Provides that, in any civil action against a small business , punitive damages may be awarded against such business only if the claimant establishes by clear and convincing evidence that conduct carried out by the defendant through willful misconduct or with a conscious, flagrant indifference to the rights or safety of others was the proximate cause of the harm that is the subject of the action. Prohibits, in any action against a small business, punitive damages from exceeding the lesser of: (1) twice the amount awarded for economic and noneconomic losses. Or (2) $250,000. Provides that, in such an action, the liability of each defendant small business shall be limited to the amount of noneconomic loss allocated to that defendant in direct proportion to its percentage of responsibility for the harm that is the subject of the action. Requires the court to render a separate judgment against each such defendant. Provides as exceptions to the small business liability limitations under this Act any misconduct: (1) that constitutes a crime of violence, international terrorism, or a hate crime. (2) that involves a sexual offense or a violation of a Federal or State civil rights law. Or (3) if the defendant was under the influence of intoxicating alcohol or a drug at the time of the misconduct and that fact causes any of the harm alleged.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare and Medicaid Hospital Self-
Referral Amendments of 1996''.

SEC. 2. NOTIFICATION OF AVAILABILITY OF PROVIDERS AS PART OF DISCHARGE
              PLANNING PROCESS.

    (a) Medicare Requirement.--Section 1861(ee)(2) of the Social
Security Act (42 U.S.C. 1395x(ee)(2)) is amended--
            (1) in subparagraph (D), by inserting before the period the
        following: ``, including the availability of those services
        through individuals and entities that participate in the
        program under this title and that serve the area in which the
        patient resides and that request to be listed by the hospital
        as available''; and
            (2) by adding at the end the following:
            ``(H) Consistent with section 1802, the discharge plan
        shall--
                    ``(i) not specify or otherwise limit the qualified
                provider which may provide post-hospital care, and
                    ``(ii) identify (in a form and manner specified by
                the Secretary) any provider (to whom the individual is
                referred) in which the hospital has a disclosable
                financial interest (as specified by the Secretary
                consistent with section 1866(a)(1)(R)) or which has
                such an interest in the hospital.''.
    (b) Requirement for Medicaid Funding.--Section 1903(i) of such Act
(42 U.S.C. 1396b(i)) is amended--
            (1) by striking ``or'' at the end of paragraph (14),
            (2) by striking the period at the end of paragraph (15) and
        inserting ``; or'', and
            (3) by inserting after paragraph (15) the following new
        paragraph:
            ``(16) with respect to any amount expended for inpatient
        hospital services of a hospital unless the hospital has in
        place a discharge planning process that meets the requirements
        of section 1861(ee) with respect to individuals entitled to
        medical assistance under this title in the same manner as such
        requirements otherwise apply to individuals entitled to
        benefits under title XVIII.''.
    (c) Effective Dates.--The amendments made by subsection (a) shall
apply to discharges occurring on or after 90 days after the date of the
enactment of this Act. The amendments made by subsection (b) shall
apply to expenditures for inpatient hospital services with respect to
discharges occurring on or after 90 days after the date of the
enactment of this Act.

SEC. 3. MAINTENANCE AND DISCLOSURE OF INFORMATION ON POST-HOSPITAL
              SERVICE PROVIDERS.

    (a) Medicare Requirement.--Section 1866(a)(1) of the Social
Security Act (42 U.S.C. 1395cc(a)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (P),
            (2) by striking the period at the end of subparagraph (Q),
        and
            (3) by adding at the end the following:
            ``(R) in the case of a hospital that has a financial
        interest (as specified by the Secretary in regulations) in a
        provider of post-hospital services (including an entity that
        furnishes durable medical equipment), or in which such a
        provider has such a financial interest, or in which another
        entity has such a financial interest (directly or indirectly)
        with such hospital and such a provider, to maintain and
        disclose to the Secretary (in a form and manner specified by
        the Secretary) information on--
            ``(i) the nature of such financial interest,
            ``(ii) the number of individuals who were discharged from
        the hospital and who were identified as requiring the type of
        post-hospital services provided by such provider, and
            ``(iii) the percentage of such individuals who received
        such services from such provider (or another such provider).''.
    (b) Requirement for Medicaid Funding.--Section 1903(i)(16) of such
Act (42 U.S.C. 1396b(i)), as inserted by section 2(b), is amended--
            (1) by striking ``(A)'' after ``unless'', and
            (2) by inserting before the period at the end the
        following: ``, and (B) the hospital is complying with the
        requirements of section 1866(a)(1)(R)''.
    (c) Disclosure of Information to the Public.--Title XI of such Act
is amended by inserting after section 1145 the following new section:

   ``public disclosure of certain information on hospital financial
                     interest and referral patterns

    ``Sec. 1146. The Secretary shall make available to the public, in a
form and manner specified by the Secretary, information disclosed to
the Secretary pursuant to section 1866(a)(1)(R) or section
1903(i)(16).''.
    (d) Effective Date.--The Secretary of Health and Human Services
shall issue regulations by not later than 1 year after the date of the
enactment of this Act to carry out the amendments made by this section
and such amendments shall take effect as of such date (on or after the
issuance of such regulations) as the Secretary specifies in such
regulations.

Summary: Medicare and Medicaid Hospital Self-Referral Amendments of 1996 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to require hospitals participating in the Medicare or Medicaid programs to: (1) give notice of availability of providers as part of the discharge planning process. And (2) maintain and disclose information on certain referrals. Amends SSA title XI to provide for public disclosure of certain information on hospital financial interest and referral patterns by the Secretary of Health and Human Services.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Discovery Trails Act of
1997''.

SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

    (a) National Discovery Trails Established.--
            (1) In general.--Section 3(a) of the National Trails System
        Act (16 U.S.C. 1242(a)) is amended by inserting after paragraph
        (4) the following:
            ``(5) National discovery trails, established as provided in
        section 5, which will be extended, continuous, interstate
        trails so located as to provide for outstanding outdoor
        recreation and travel and to connect representative examples of
        America's trails and communities. National discovery trails
        should provide for the conservation and enjoyment of
        significant natural, cultural, and historic resources
        associated with each trail and should be so located as to
        represent metropolitan, urban, rural, and backcountry regions
        of the Nation.''.
            (2) Feasibility requirements; cooperative management
        requirement.--Section 5 of such Act (16 U.S.C. 1244) is amended
        by adding at the end the following new subsection:
    ``(g)(1) For purposes of subsection (b), a trail shall not be
considered feasible and desirable for designation as a national
discovery trail unless it meets all of the following criteria:
            ``(A) The trail must link to one or more areas within the
        boundaries of a metropolitan area (as those boundaries are
        determined under section 134(c) of title 23, United States
        Code). It should also join with other trails, tying the
        National Trails System to significant recreation and resources
        areas.
            ``(B) It must be supported by a competent trailwide
        nonprofit organization. Each trail should have extensive local
        and trailwide support by the public, by user groups, and by
        affected State and local governments.
            ``(C) It must be extended and pass through more than one
        State. At a minimum, it should be a continuous, walkable route.
    ``(2) The appropriate Secretary for each national discovery trail
shall administer the trail in cooperation with a competent trailwide
nonprofit organization.''.
    (b) Designation of the American Discovery Trail as a National
Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is
amended--
            (1) by redesignating the paragraph relating to the
        California National Historic Trail as paragraph (18);
            (2) by redesignating the paragraph relating to the Pony
        Express National Historic Trail as paragraph (19); and
            (3) by adding at the end the following:
            ``(20) The American Discovery Trail, a trail of
        approximately 6,000 miles extending from Cape Henlopen State
        Park in Delaware to Point Reyes National Seashore in
        California, extending westward through Delaware, Maryland, the
        District of Columbia, West Virginia, Ohio, and Kentucky, where
        near Cincinnati it splits into two routes. The Northern Midwest
        route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and
        Colorado, and the Southern Midwest route traverses Indiana,
        Illinois, Missouri, Kansas, and Colorado. After the two routes
        rejoin in Denver, Colorado, the route continues through
        Colorado, Utah, Nevada, and California. The trail is generally
        described in Volume 2 of the National Park Service feasibility
        study dated June 1995 which shall be on file and available for
        public inspection in the office of the Director of the National
        Park Service, Department of the Interior, the District of
        Columbia. The American Discovery Trail shall be administered by
        the Secretary of the Interior in cooperation with a competent
        trailwide nonprofit organization and other affected land
        managing agencies. No lands or interests outside the exterior
        boundaries of federally administered areas may be acquired by
        the Federal Government solely for the American Discovery Trail.
        This trail is specifically exempted from the provisions of
        sections 7(e), 7(f), and 7(g).''.
    (c) Comprehensive National Discovery Trail Plan.--Section 5 of such
Act (16 U.S.C. 1244) is further amended by adding at the end the
following new subsection:
    ``(h) Within three complete fiscal years after the date of
enactment of any law designating a national discovery trail, the
administering Federal agency shall enter into arrangements with a
competent trailwide nonprofit organization to submit a comprehensive
plan for the protection, management, development, and use of the trail,
to the Committee on Resources of the United States House of
Representatives and the Committee on Energy and Natural Resources of
the United States Senate. The Secretary shall ensure that the
comprehensive plan does not conflict with any existing agency direction
and that the nonprofit organization consults with affected land
managing agencies, the Governors of the affected States, county and
local political jurisdictions, and local organizations maintaining
components of the trail. Mandatory components of the comprehensive plan
include--
            ``(1) specific objectives and practices to be observed in
        the administration and management of the trail, including the
        identification of all significant natural, historical, and
        cultural resources to be preserved, model agreements necessary
        for joint trail administration among and between interested
        parties, and an identified carrying capacity of the trail and a
        plan for its implementation;
            ``(2) a trail protection plan to preserve the values for
        which the trail is being established and recognized by the
        Federal Government;
            ``(3) general and site-specific development plans including
        anticipated costs; and
            ``(4) the process to be followed by the nonprofit
        organization, in cooperation with the appropriate Secretary, to
        implement the trail marking authorities in section 7(c)
        conforming to approved trail logo or emblem requirements.''.

SEC. 3. CONFORMING AMENDMENTS.

    The National Trails System Act is amended--
            (1) in section 2(b) (16 U.S.C. 1241(b)), by striking
        ``scenic and historic'' and inserting ``scenic, historic, and
        discovery'';
            (2) in the section heading to section 5 (16 U.S.C. 1244),
        by striking ``and national historic'' and inserting ``,
        national historic, and national discovery'';
            (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter
        preceding paragraph (1)--
                    (A) by striking ``and national historic'' and
                inserting ``, national historic, and national
                discovery''; and
                    (B) by striking ``and National Historic'' and
                inserting ``, National Historic, and National
                Discovery'';
            (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter
        preceding paragraph (1), by striking ``or national historic''
        and inserting ``, national historic, or national discovery'';
            (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking
        ``or national historic'' and inserting ``, national historic,
        or national discovery'';
            (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking
        ``and national historic'' and inserting ``, national historic,
        and national discovery'';
            (7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or
        national historic'' each place such term appears and inserting
        ``, national historic, or national discovery'';
            (8) in section 7(c) (16 U.S.C. 1246(c))--
                    (A) by striking ``scenic or national historic''
                each place it appears and inserting ``scenic, national
                historic, or national discovery'';
                    (B) in the second proviso, by striking ``scenic, or
                national historic'' and inserting ``scenic, national
                historic, or national discovery''; and
                    (C) by striking ``, and national historic'' and
                inserting ``, national historic, and national
                discovery'';
            (9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or
        national historic'' and inserting ``national historic, or
        national discovery'';
            (10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or
        national historic'' each place such term appears and inserting
        ``, national historic, or national discovery'';
            (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking
        ``National Scenic or Historic'' and inserting ``national
        scenic, historic, or discovery trail'';
            (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking
        ``or national historic'' and inserting ``national historic, or
        national discovery''; and
            (13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or
        national historic'' and inserting ``national historic, or
        national discovery''.

Summary: National Discovery Trails Act of 1997 - Amends the National Trails System Act to provide for the establishment, as components of the National Trails System, of national discovery trails which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Prohibits a trail from being considered feasible and desirable for designation as a national discovery trail unless it: (1) links to one or more areas within the boundaries of a metropolitan area and joins with other trails, tying the National Trails System to significant recreation and resources areas. (2) is supported by a competent trailwide nonprofit organization and has extensive local and trailwide support by the public, user groups, and affected State and local governments. And (3) extends and passes through more than one State and, at a minimum, is a continuous, walkable route. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide nonprofit organization. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado. Requires the administering Federal agency, within three complete fiscal years after designation of a national discovery trail, to enter into arrangements with a competent trailwide nonprofit organization to submit to specified congressional committees a comprehensive plan for the protection, management, development, and use of the trail.

National Discovery Trails Act of 1997