SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of
Energy Laboratory Modernization and Technology Transfer Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Savings clause.
         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY

Sec. 101. Technology transfer and transitions assessment.
Sec. 102. Sense of Congress.
Sec. 103. Nuclear energy innovation.
     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS

Sec. 201. Agreements for Commercializing Technology pilot program.
Sec. 202. Public-private partnerships for commercialization.
Sec. 203. Inclusion of early-stage technology demonstration in
                            authorized technology transfer activities.
Sec. 204. Funding competitiveness for institutions of higher education
                            and other nonprofit institutions.
Sec. 205. Participation in the Innovation Corps program.
                    TITLE III--ASSESSMENT OF IMPACT

Sec. 301. Report by Government Accountability Office.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the
        Department of Energy.
            (2) National laboratory.--The term ``National Laboratory''
        means a Department of Energy nonmilitary national laboratory,
        including--
                    (A) Ames Laboratory;
                    (B) Argonne National Laboratory;
                    (C) Brookhaven National Laboratory;
                    (D) Fermi National Accelerator Laboratory;
                    (E) Idaho National Laboratory;
                    (F) Lawrence Berkeley National Laboratory;
                    (G) National Energy Technology Laboratory;
                    (H) National Renewable Energy Laboratory;
                    (I) Oak Ridge National Laboratory;
                    (J) Pacific Northwest National Laboratory;
                    (K) Princeton Plasma Physics Laboratory;
                    (L) Savannah River National Laboratory;
                    (M) Stanford Linear Accelerator Center;
                    (N) Thomas Jefferson National Accelerator Facility;
                and
                    (O) any laboratory operated by the National Nuclear
                Security Administration, but only with respect to the
                civilian energy activities thereof.
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Energy.

SEC. 3. SAVINGS CLAUSE.

    Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.

         TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY

SEC. 101. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, and
annually thereafter, the Secretary shall transmit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report which
shall include--
            (1) an assessment of the Department's current ability to
        carry out the goals of section 1001 of the Energy Policy Act of
        2005 (42 U.S.C. 16391), including an assessment of the role and
        effectiveness of the Director of the Office of Technology
        Transitions; and
            (2) recommended departmental policy changes and legislative
        changes to section 1001 of the Energy Policy Act of 2005 (42
        U.S.C. 16391) to improve the Department's ability to
        successfully transfer new energy technologies to the private
        sector.

SEC. 102. SENSE OF CONGRESS.

    It is the sense of the Congress that the Secretary should encourage
the National Laboratories and federally funded research and development
centers to inform small businesses of the opportunities and resources
that exist pursuant to this Act.

SEC. 103. NUCLEAR ENERGY INNOVATION.

    Not later than 180 days after the date of enactment of this Act,
the Secretary, in consultation with the National Laboratories, relevant
Federal agencies, and other stakeholders, shall transmit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a report assessing the Department's capabilities to
authorize, host, and oversee privately funded fusion and non-light
water reactor prototypes and related demonstration facilities at
Department-owned sites. For purposes of this report, the Secretary
shall consider the Department's capabilities to facilitate privately-
funded prototypes up to 20 megawatts thermal output. The report shall
address the following:
            (1) The Department's safety review and oversight
        capabilities.
            (2) Potential sites capable of hosting research,
        development, and demonstration of prototype reactors and
        related facilities for the purpose of reducing technical risk.
            (3) The Department's and National Laboratories' existing
        physical and technical capabilities relevant to research,
        development, and oversight.
            (4) The efficacy of the Department's available contractual
        mechanisms, including cooperative research and development
        agreements, work for others agreements, and agreements for
        commercializing technology.
            (5) Potential cost structures related to physical security,
        decommissioning, liability, and other long-term project costs.
            (6) Other challenges or considerations identified by the
        Secretary, including issues related to potential cases of
        demonstration reactors up to 2 gigawatts of thermal output.

     TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS

SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM.

    (a) In General.--The Secretary shall carry out the Agreements for
Commercializing Technology pilot program of the Department, as
announced by the Secretary on December 8, 2011, in accordance with this
section.
    (b) Terms.--Each agreement entered into pursuant to the pilot
program referred to in subsection (a) shall provide to the contractor
of the applicable National Laboratory, to the maximum extent determined
to be appropriate by the Secretary, increased authority to negotiate
contract terms, such as intellectual property rights, payment
structures, performance guarantees, and multiparty collaborations.
    (c) Eligibility.--
            (1) In general.--Any director of a National Laboratory may
        enter into an agreement pursuant to the pilot program referred
        to in subsection (a).
            (2) Agreements with non-federal entities.--To carry out
        paragraph (1) and subject to paragraph (3), the Secretary shall
        permit the directors of the National Laboratories to execute
        agreements with a non-Federal entity, including a non-Federal
        entity already receiving Federal funding that will be used to
        support activities under agreements executed pursuant to
        paragraph (1), provided that such funding is solely used to
        carry out the purposes of the Federal award.
            (3) Restriction.--The requirements of chapter 18 of title
        35, United States Code (commonly known as the ``Bayh-Dole
        Act'') shall apply if--
                    (A) the agreement is a funding agreement (as that
                term is defined in section 201 of that title); and
                    (B) at least 1 of the parties to the funding
                agreement is eligible to receive rights under that
                chapter.
    (d) Submission to Secretary.--Each affected director of a National
Laboratory shall submit to the Secretary, with respect to each
agreement entered into under this section--
            (1) a summary of information relating to the relevant
        project;
            (2) the total estimated costs of the project;
            (3) estimated commencement and completion dates of the
        project; and
            (4) other documentation determined to be appropriate by the
        Secretary.
    (e) Certification.--The Secretary shall require the contractor of
the affected National Laboratory to certify that each activity carried
out under a project for which an agreement is entered into under this
section--
            (1) is not in direct competition with the private sector;
        and
            (2) does not present, or minimizes, any apparent conflict
        of interest, and avoids or neutralizes any actual conflict of
        interest, as a result of the agreement under this section.
    (f) Extension.--The pilot program referred to in subsection (a)
shall be extended until October 31, 2017.
    (g) Reports.--
            (1) Overall assessment.--Not later than 60 days after the
        date described in subsection (f), the Secretary, in
        coordination with directors of the National Laboratories, shall
        submit to the Committee on Science, Space, and Technology of
        the House of Representatives and the Committee on Energy and
        Natural Resources of the Senate a report that--
                    (A) assesses the overall effectiveness of the pilot
                program referred to in subsection (a);
                    (B) identifies opportunities to improve the
                effectiveness of the pilot program;
                    (C) assesses the potential for program activities
                to interfere with the responsibilities of the National
                Laboratories to the Department; and
                    (D) provides a recommendation regarding the future
                of the pilot program.
            (2) Transparency.--The Secretary, in coordination with
        directors of the National Laboratories, shall submit to the
        Committee on Science, Space, and Technology of the House of
        Representatives and the Committee on Energy and Natural
        Resources of the Senate an annual report that accounts for all
        incidences of, and provides a justification for, non-Federal
        entities using funds derived from a Federal contract or award
        to carry out agreements pursuant to this section.

SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.

    (a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1,000,000, if such an
agreement falls within the scope of--
            (1) a strategic plan for the National Laboratory that has
        been approved by the Department; or
            (2) the most recent Congressionally approved budget for
        Department activities to be carried out by the National
        Laboratory.
    (b) Agreements.--Subsection (a) applies to--
            (1) a cooperative research and development agreement;
            (2) a non-Federal work-for-others agreement; and
            (3) any other agreement determined to be appropriate by the
        Secretary, in collaboration with the directors of the National
        Laboratories.
    (c) Administration.--
            (1) Accountability.--The director of the affected National
        Laboratory and the affected contractor shall carry out an
        agreement under this section in accordance with applicable
        policies of the Department, including by ensuring that the
        agreement does not compromise any national security, economic,
        or environmental interest of the United States.
            (2) Certification.--The director of the affected National
        Laboratory and the affected contractor shall certify that each
        activity carried out under a project for which an agreement is
        entered into under this section does not present, or minimizes,
        any apparent conflict of interest, and avoids or neutralizes
        any actual conflict of interest, as a result of the agreement
        under this section.
            (3) Availability of records.--Within 30 days of entering an
        agreement under this section, the director of a National
        Laboratory shall submit to the Secretary for monitoring and
        review all records of the National Laboratory relating to the
        agreement.
            (4) Rates.--The director of a National Laboratory may
        charge higher rates for services performed under a partnership
        agreement entered into pursuant to this section, regardless of
        the full cost of recovery, if such funds are used exclusively
        to support further research and development activities at the
        respective National Laboratory.
    (d) Exception.--This section does not apply to any agreement with a
majority foreign-owned company.
    (e) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as
                subparagraphs (A) and (B), respectively, and indenting
                the subparagraphs appropriately;
                    (B) by striking ``Each Federal agency'' and
                inserting the following:
            ``(1) In general.--Except as provided in paragraph (2),
        each Federal agency''; and
                    (C) by adding at the end the following:
            ``(2) Exception.--Notwithstanding paragraph (1), in
        accordance with section 202(a) of the Department of Energy
        Laboratory Modernization and Technology Transfer Act of 2015,
        approval by the Secretary of Energy shall not be required for
        any technology transfer agreement proposed to be entered into
        by a National Laboratory of the Department of Energy, the total
        cost of which (including the National Laboratory contributions
        and project recipient cost share) is less than $1,000,000.'';
        and
            (2) in subsection (b), by striking ``subsection (a)(1)''
        each place it appears and inserting ``subsection (a)(1)(A)''.

SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN
              AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
amended by--
            (1) redesignating subsection (g) as subsection (h); and
            (2) inserting after subsection (f) the following:
    ``(g) Early-Stage Technology Demonstration.--The Secretary shall
permit the directors of the National Laboratories to use funds
authorized to support technology transfer within the Department to
carry out early-stage and pre-commercial technology demonstration
activities to remove technology barriers that limit private sector
interest and demonstrate potential commercial applications of any
research and technologies arising from National Laboratory
activities.''.

SEC. 204. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION
              AND OTHER NONPROFIT INSTITUTIONS.

    Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C.
16352(b)) is amended--
            (1) in paragraph (1), by striking ``Except as provided in
        paragraphs (2) and (3)'' and inserting ``Except as provided in
        paragraphs (2), (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Exemption for institutions of higher education and
        other nonprofit institutions.--
                    ``(A) In general.--Paragraph (1) shall not apply to
                a research or development activity performed by an
                institution of higher education or nonprofit
                institution (as defined in section 4 of the Stevenson-
                Wydler Technology Innovation Act of 1980 (15 U.S.C.
                3703)).
                    ``(B) Termination date.--The exemption under
                subparagraph (A) shall apply during the 6-year period
                beginning on the date of enactment of this
                paragraph.''.

SEC. 205. PARTICIPATION IN THE INNOVATION CORPS PROGRAM.

    The Secretary may enter into an agreement with the Director of the
National Science Foundation to enable researchers funded by the
Department to participate in the National Science Foundation Innovation
Corps program.

                    TITLE III--ASSESSMENT OF IMPACT

SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.

    Not later than 3 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to Congress a
report--
            (1) describing the results of the projects developed under
        sections 201, 202, and 203, including information regarding--
                    (A) partnerships initiated as a result of those
                projects and the potential linkages presented by those
                partnerships with respect to national priorities and
                other taxpayer-funded research; and
                    (B) whether the activities carried out under those
                projects result in--
                            (i) fiscal savings;
                            (ii) expansion of National Laboratory
                        capabilities;
                            (iii) increased efficiency of technology
                        transfers; or
                            (iv) an increase in general efficiency of
                        the National Laboratory system; and
            (2) assess the scale, scope, efficacy, and impact of the
        Department's efforts to promote technology transfer and private
        sector engagement at the National Laboratories, and make
        recommendations on how the Department can improve these
        activities.

            Passed the House of Representatives May 19, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Department of Energy Laboratory Modernization and Technology Transfer Act of 2015 TITLE I INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Directs the Department of Energy (DOE) to: (1) report annually on its ability to improve the technology transfer and commercialization of energy technologies, including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions. And (2) recommend changes to improve the ability to successfully transfer new energy technologies to the private sector. Expresses the sense of Congress that DOE should encourage the nonmilitary national laboratories and federally funded research and development centers to inform small businesses of the opportunities and resources that exist pursuant to this Act. Requires DOE to report on its capabilities to authorize, host, and oversee privately funded fusion and non-light water reactor prototypes and related demonstration facilities at DOE-owned sites. Instructs DOE, for purposes of such report, to consider DOE's capabilities to facilitate privately-funded prototypes of up to 20 megawatts thermal output. TITLE II CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Directs DOE to carry out the Agreements for Commercializing Technology pilot program in accordance with this Act, including by giving the contractors of the DOE nonmilitary national laboratories increased authority to negotiate contract terms and making every such facility eligible for the program. Permits the directors of the national laboratories to execute agreements with non-federal entities, provided that such funding is only used to carry out the purposes of the federal award. Subjects agreements that are funding agreements to the requirements of the Bayh-Dole Act . Imposes contractor certification requirements for the avoidance of direct competition with the private sector and conflicts of interest. Extends the pilot program until October 31, 2017. Requires DOE to report to Congress on the overall effectiveness of the pilot program and to annually account for, and justify, incidences of use by non-federal entities of funds derived from a federal contract or award to carry out agreements pursuant to the pilot program. Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements the total cost of which is less than $1 million, if such an agreement falls within the scope of: (1) a strategic plan for the national laboratory that has been approved by DOE. Or (2) the most recent congressionally approved budget for DOE activities to be carried out by that laboratory. Makes this section inapplicable to any agreement with a majority foreign-owned company. Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. Amends the Energy Policy Act of 2005 to exempt institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development for six years. Authorizes DOE to enter into an agreement with the National Science Foundation to enable the participation of DOE researchers in the National Science Foundation Innovation Corps program. TITLE III ASSESSMENT OF IMPACT Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on the impact of DOE efforts to promote technology transfer and private sector engagement at the national laboratories.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Cash and Counseling Program
Act of 2005''.

SEC. 2. OPTIONAL CHOICE OF SELF-DIRECTED PERSONAL ASSISTANCE SERVICES
              (CASH AND COUNSELING).

    (a) Exemption From Certain Requirements.--Section 1915 of the
Social Security Act (42 U.S.C. 1396n) is amended by adding at the end
the following new subsection:
    ``(i)(1) A State may provide, as `medical assistance', payment for
part or all of the cost of self-directed personal assistance services
(other than room and board) under the plan which are provided pursuant
to a written plan of care to individuals with respect to whom there has
been a determination that, but for the provision of such services, the
individuals would require and receive personal care services under the
plan, or home and community-based services provided pursuant to a
waiver under sub-section (c). Self-directed personal assistance
services may not be provided under this subsection to individuals who
reside in a home or property that is owned, operated, or controlled by
a provider of services, not related by blood or marriage.
    ``(2) The Secretary shall not grant approval for a State self-
directed personal assistance services program under this section unless
the State provides assurances satisfactory to the Secretary of the
following:
            ``(A) Necessary safeguards have been taken to protect the
        health and welfare of individuals provided services under the
        program, and to assure financial accountability for funds
        expended with respect to such services.
            ``(B) The State will provide, with respect to individuals
        who--
                    ``(i) are entitled to medical assistance for
                personal care services under the plan, or receive home
                and community-based services under a waiver granted
                under subsection (c);
                    ``(ii) may require self-directed personal
                assistance services; and
                    ``(iii) may be eligible for self-directed personal
                assistance services,
        an evaluation of the need for personal care under the plan, or
        personal services under a waiver granted under subsection (c).
            ``(C) Such individuals who are determined to be likely to
        require personal care under the plan, or home and community-
        based services under a waiver granted under subsection (c) are
        informed of the feasible alternatives, if available under the
        State's self-directed personal assistance services program, at
        the choice of such individuals, to the provision of personal
        care services under the plan, or personal assistance services
        under a waiver granted under subsection (c).
            ``(D) The State will provide for a support system that
        ensures participants in the self-directed personal assistance
        services program are appropriately assessed and counseled prior
        to enrollment and are able to manage their budgets. Additional
        counseling and management support may be provided at the
        request of the participant.
            ``(E) The State will provide to the Secretary an annual
        report on the number of individuals served and total
        expenditures on their behalf in the aggregate. The State shall
        also provide an evaluation of overall impact on the health and
        welfare of participating individuals compared to non-
        participants every three years.
    ``(3) A State may provide self-directed personal assistance
services under the State plan without regard to the requirements of
section 1902(a)(1) and may limit the population eligible to receive
these services and limit the number of persons served without regard to
section 1902(a)(10)(B).
    ``(4)(A) For purposes of this subsection, the term `self-directed
personal assistance services' means personal care and related services,
or home and community-based services otherwise available under the plan
under this title or subsection (c), that are provided to an eligible
participant under a self-directed personal assistance services program
under this section, under which individuals, within an approved self-
directed services plan and budget, purchase personal assistance and
related services, and permits participants to hire, fire, supervise,
and manage the individuals providing such services.
    ``(B) At the election of the State--
            ``(i) a participant may choose to use any individual
        capable of providing the assigned tasks including legally
        liable relatives as paid providers of the services; and
            ``(ii) the individual may use the individual's budget to
        acquire items that increase independence or substitute (such as
        a microwave oven or an accessibility ramp) for human
        assistance, to the extent that expenditures would otherwise be
        made for the human assistance.
    ``(5) For purpose of this section, the term `approved self-directed
services plan and budget' means, with respect to a participant, the
establishment of a plan and budget for the provision of self-directed
personal assistance services, consistent with the following
requirements:
            ``(A) Self-direction.--The participant (or in the case of a
        participant who is a minor child, the participant's parent or
        guardian, or in the case of an incapacitated adult, another
        individual recognized by state law to act on behalf of the
        participant) exercises choice and control over the budget,
        planning, and purchase of self-directed personal assistance
        services, including the amount, duration, scope, provider and
        location of service provision.
            ``(B) Assessment of needs.--There is an assessment of the
        needs, strengths, and preferences of the participants for such
        services.
            ``(C) Service plan.--A plan for such services (and supports
        for such services) for the participant has been developed and
        approved by the State based on such assessment through a
        person-centered process that--
                    ``(i) builds upon the participant's capacity to
                engage in activities that promote community life and
                that respects the participant's preferences, choices
                and abilities; and
                    ``(ii) involves families, friends, and
                professionals in the planning or delivery of services
                or supports as desired or required by the participant.
            ``(D) Service budget.--A budget for such services and
        supports for the participant has been developed and approved by
        the State based on such assessment and plan and on a
        methodology that uses valid, reliable cost data, is open to
        public inspection, and includes a calculation of the expected
        cost of such services if those services were not self-directed.
        The budget may not restrict access to other medically necessary
        care and services furnished under the plan and approved by the
        state but not included in the budget.
            ``(E) Application of quality assurance and risk
        management.--There are appropriate quality assurance and risk
        management techniques used in establishing and implementing
        such plan and budget that recognize the roles and
        responsibilities in obtaining services in a self-directed
        manner and assure the appropriateness of such plan and budget
        based upon the participant's resources and capabilities.
    ``(6) A State may employ a financial management entity to make
payments to providers, track costs, and make reports under the program.
Payment for the activities of the financial management entity shall be
at the administrative rate established in section 1903(a).''.
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to services furnished on or after January 1, 2006.

Summary: Medicaid Cash and Counseling Program Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to allow a state to provide, as medical assistance, payment for the cost of self-directed personal assistance services provided pursuant to a written plan of care to individuals who, but for such services, would require and receive personal care services under the plan, or home and community-based services provided pursuant to a waiver. Prohibits the provision of self-directed personal assistamce services to individuals who reside in a home or property owned, operated, or controlled by a service provider not related by blood or marriage.

To amend title XIX of the Social Security Act to permit Medicaid beneficiaries the choice of self-directed personal assistance services through a cash and counseling program under the Medicaid Program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North Korean Counterterrorism and
Nonproliferation Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) International press reports noted that Iranian
        officials traveled to North Korea to observe the long and
        short-range missile tests conducted by the North Korean regime
        on July 4, 2006, and this was confirmed by Ambassador
        Christopher Hill, Assistant Secretary of State for East Asia
        and the Pacific, during testimony before the Senate Foreign
        Relations Committee on July 20, 2006.
            (2) International press reports in the summer of 2006
        indicated that North Korea was involved in training in
        guerrilla warfare of Hezbollah cadres who subsequently were
        involved in operations against Israeli forces in south Lebanon.
            (3) The United Nations Security Council, under the
        Presidency of Japan, unanimously adopted Resolution 1718 on
        October 14, 2006, ``condemning'' the nuclear weapon test
        conducted by North Korea on October 9, 2006, and imposing
        sanctions on North Korea.
            (4) President George W. Bush stated in November 2006 that:
        ``The transfer of nuclear weapons or material by North Korea to
        states or non-state entities would be considered a grave threat
        to the United States, and we would hold North Korea fully
        accountable for the consequences of such action. . . . It is
        vital that the nations of this region send a message to North
        Korea that the proliferation of nuclear technology to hostile
        regimes or terrorist networks will not be tolerated.''.
            (5) Secretary of State Condoleezza Rice stated in October
        2006 that ``a North Korean decision to try to transfer a
        nuclear weapon or technologies either to another state or to a
        non-state actor'' would be an ``extremely grave'' action for
        which the United States would ``hold North Korea accountable''.
            (6) Congress authoritatively expressed its view, in section
        202(b)(2) of the North Korean Human Rights Act of 2004 (Public
        Law 108-333; 22 U.S.C. 7832(b)(2)), that ``United States
        nonhumanitarian assistance to North Korea shall be contingent
        on North Korea's substantial progress'' on human rights
        improvements, release of and accounting for abductees, family
        reunification, reform of North Korea's labor camp system, and
        the decriminalization of political expression, none of which
        has occurred.

SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE GOVERNMENT OF NORTH
              KOREA.

    Restrictions against the Government of North Korea that were
imposed by reason of a determination of the Secretary of State that the
Government of North Korea, for purposes of section 6(j) of the Export
Administration Act of 1979 (as continued in effect pursuant to the
International Emergency Economic Powers Act), section 40 of the Arms
Export Control Act, section 620A of the Foreign Assistance Act of 1961,
or other provision of law, is a government that has repeatedly provided
support for acts of international terrorism, shall remain in effect,
and shall not be lifted pursuant to such provisions of law, unless the
President certifies to Congress that the Government of North Korea--
            (1) is no longer engaged in the illegal transfer of missile
        or nuclear technology, particularly to the Governments of Iran,
        Syria, or any other country, the government of which the
        Secretary of State has determined, for purposes of any of the
        provisions of law specified in the matter preceding this
        paragraph, is a government that has repeatedly provided support
        for acts of international terrorism;
            (2) is no longer engaged in training, harboring, supplying,
        financing, or supporting in any way--
                    (A) Hamas, Hezbollah, or the Japanese Red Army, or
                any member of such organizations;
                    (B) any organization designated by the Secretary of
                State as a foreign terrorist organization in accordance
                with section 219(a) of the Immigration and Nationality
                Act (8 U.S.C. 1189(a)); and
                    (C) any person included on the Annex to Executive
                Order 13224 (September 23, 2001) and any other person
                identified under section 1 of that Executive Order
                whose property and interests in property are blocked by
                that section (commonly known as a ``specially
                designated global terrorist'');
            (3) is no longer engaged in the counterfeiting of United
        States currency ``supernotes'';
            (4) has made inoperable Bureau No. 39 under the North
        Korean Workers Party headed by Kim Jong Il, which is charged
        with laundering illicit funds obtained by narcotics trafficking
        and other criminal activities;
            (5) has released United States permanent resident Kim Dong-
        Shik who, according to the findings of a South Korean court,
        was abducted by North Korean agents on the Chinese border in
        January 2000;
            (6) has released the 15 Japanese nationals recognized as
        abduction victims by the National Police Agency (NPA) of Japan;
            (7) has released an estimated 600 surviving South Korean
        POWs, comrades-in-arms of United States and Allied forces, who
        have been held in North Korea against their will and in
        violation of the Armistice Agreement since hostilities ended in
        July 1953; and
            (8) has ceased and desisted from engaging in further
        terrorist activities subsequent to the 1987 bombing of Korean
        Air Flight 858 over Burma, the 1996 murder in Vladivostok,
        Russia, of South Korean diplomat Choi Duck-keun, following
        Pyongyang's threats of retaliation for the deaths of North
        Korean commandoes whose submarine ran aground in South Korea,
        and the 1997 assassination on the streets of Seoul of North
        Korean defector Lee Han Young.

Summary: North Korean Counterterrorism and Nonproliferation Act - Provides for the continuation of restrictions against the government of North Korea unless the President certifies to Congress that North Korea has met certain benchmarks respecting: (1) missile or nuclear technology transfers. (2) support of terrorist groups and terrorist activities, (3) counterfeiting of US currency, (4) release of South Korean POWs, Japanese journalists, and Kim Donk-Shik, and (5) Bureau 39's closure.

To provide for the continuation of restrictions against the Government of North Korea unless the President certifies to Congress that the Government of North Korea has met certain benchmarks.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hospital Price Disclosure Act of
2005''.

SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL AND AMBULATORY SURGICAL CENTER
              DATA.

    (a) Requirement.--
            (1) Hospitals.--Subsection (a)(1) of section 1866 of the
        Social Security Act (42 U.S.C. 1395cc) is amended--
                    (A) in subparagraph (U), by striking ``and'' at the
                end;
                    (B) in subparagraph (V), by striking the period at
                the end and inserting ``, and''; and
                    (C) by inserting after subparagraph (V) the
                following new subparagraph:
            ``(W) in the case of a hospital, to report to the Secretary
        data in accordance with subsection (k)(1) and to post notice
        regarding such data in accordance with subsection (k)(2)(B).''.
            (2) Ambulatory surgical centers.--Section 1832(a)(2)(F)(i)
        of such Act (42 U.S.C. 1395k(a)(2)(F)(i)) is amended by
        inserting after ``other standards'' the following: ``,
        including the reporting to the Secretary of data in accordance
        with section 1866(k)(1) and the posting of notice regarding
        such data in accordance with section 1866(k)(2)(B)''.
    (b) Data Reporting by Hospitals and Ambulatory Surgical Centers for
Certain Inpatient and Outpatient Procedures and Inpatient Drugs.--
Section 1866 of such Act (42 U.S.C. 1395cc) is further amended by
adding at the end the following new subsection:
    ``(k) Data Reporting by Hospitals and Ambulatory Surgical Centers
and Public Posting.--
            ``(1) Quarterly reporting requirement.--Not later than 45
        days after the end of each calendar quarter (beginning more
        than one year after the date of the enactment of this
        subsection), a hospital shall report to the Secretary, for each
        procedure or drug selected under paragraph (3), and an
        ambulatory surgical center shall report to the Secretary, for
        each procedure selected under paragraph (3)(A)(ii), the
        following data:
                    ``(A) The frequency with which the hospital
                performed the procedure, or administered the drug in an
                inpatient setting, or the center performed the
                procedure during such quarter.
                    ``(B) If the procedure was performed or the drug
                was so administered during such quarter, the average
                and the median of the price charged by the hospital or
                center for such procedure or drug during such quarter.
            ``(2) Public availability of data.--
                    ``(A) Public posting of data.--The Secretary shall
                promptly post, on the official public Internet site of
                the Department of Health and Human Services, the data
                reported under paragraph (1). Such data shall be set
                forth in a manner that promotes price comparison among
                hospitals and ambulatory surgical centers.
                    ``(B) Notice of availability.--A hospital and
                ambulatory surgical center shall prominently post at
                each admission site of the hospital or center a notice
                of the availability of the data reported under
                paragraph (1) on the official public Internet site
                under subparagraph (A).
            ``(3) Selection of procedures and drugs.--
                    ``(A) Initial selection.--Based on national data,
                the Secretary shall select the following:
                            ``(i) The 25 most frequently performed
                        hospital inpatient procedures.
                            ``(ii) The 25 most frequently performed
                        hospital outpatient procedures.
                            ``(iii) The 50 most frequently administered
                        drugs in a hospital inpatient setting.
                    ``(B) Updating selection.--The Secretary shall
                periodically update the procedures and drugs selected
                under subparagraph (A).
            ``(4) Civil money penalty.--The Secretary may impose a
        civil money penalty of not more than $10,000 for each knowing
        violation of the provisions of paragraph (1) or (2)(B) by a
        hospital or ambulatory surgical center. A civil money penalty
        under this paragraph shall be imposed and collected in the same
        manner as a civil money penalty under subsection (a) of section
        1128A is imposed and collected under that section.
            ``(5) Administrative provisions.--
                    ``(A) Classification of procedures.--For purposes
                of this subsection, the Secretary shall establish rules
                for the classification of different procedures and for
                the assignment of items and services to those
                procedures.
                    ``(B) Computation of average and median prices.--
                For purposes of paragraph (1), the computation of an
                average and median price for a procedure or drug shall
                be in accordance with a methodology prescribed by the
                Secretary. Such methodology may provide for reporting
                by the hospital or ambulatory surgical center of unit
                prices for specific items and services included in a
                procedure, including appropriate per diem prices, and a
                method of converting such unit prices for a procedure
                to an average and median price for such procedure.
                    ``(C) Form of report and notice.--The Secretary
                shall specify the electronic form and manner by which a
                hospital or ambulatory surgical center shall report
                data under paragraph (1) and the form for posting of
                notices under paragraph (2)(B).
            ``(6) Non-preemption of state laws.--Nothing in this
        subsection shall be construed as preempting or otherwise
        affecting any provision of State law relating to the disclosure
        of price or other information for a hospital or ambulatory
        surgical center.
            ``(7) Drug defined.--For purposes of this subsection, the
        term `drug' includes a biological and a non-prescription drug,
        such as an ointment. ''.

Summary: Hospital Price Disclosure Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs.

To amend title XVIII of the Social Security Act to provide for the public disclosure of prices for hospital and ambulatory surgical center procedures and drugs.


SECTION 1. RESERVE FORCES PARTICIPATION CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:

``SEC. 45C. RESERVE FORCES PARTICIPATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the reserve forces
participation credit determined under this section is an amount equal
to the sum of--
            ``(1) the aggregate of the employment credits with respect
        to qualified employees of a taxpayer, plus
            ``(2) if the taxpayer is a qualified self-employed
        taxpayer, the self-employment credit.
    ``(b) Employment Credit.--For purposes of this section--
            ``(1) In general.--The employment credit with respect to a
        qualified employee of a taxpayer for any taxable year is an
        amount equal to the lesser of--
                    ``(A) 50 percent of the amount of qualified
                compensation that would have been paid to the employee
                with respect to all periods during which the employee
                participates in qualified reserve duty to the exclusion
                of normal employment duties, including time spent in a
                travel status had the employee not been participating
                in qualified reserve duty, or
                    ``(B) $2,000.
            ``(2) Qualified compensation.--The term `qualified
        compensation' means compensation--
                    ``(A) which is normally contingent on the
                employee's presence for work and which would be
                deductible from the taxpayer's gross income under
                section 162(a)(1) if the employee were present and
                receiving such compensation; and
                    ``(B) which is not characterized by the taxpayer as
                vacation or holiday pay, or as sick leave or pay, or as
                any other form of pay for a nonspecific leave absence,
                and with respect to which the number of days the
                employee participates in qualified reserve duty does
                not result in any reduction in the amount of vacation
                time, sick leave, or other nonspecific leave previously
                credited to or earned by the employee.
            ``(3) Qualified employee.--The term `qualified employee'
        means a person who--
                    ``(A) has been a full-time employee of a taxpayer
                for the 21-day period immediately preceding the period
                during which the employee participates in qualified
                reserve duty, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States.
            ``(4) Credit in addition to deduction.--The employment
        credit provided in this section is in addition to any deduction
        otherwise allowable with respect to compensation actually paid
        to a qualified employee during any period the employee
        participates in qualified reserve duty to the exclusion of
        normal employment duties.
    ``(c) Self-Employment Credit.--
            ``(1) In general.--In the case of a qualified self-employed
        taxpayer, the self-employment credit for any taxable year is
        equal to 50 percent of the excess (if any) of--
                    ``(A) the taxpayer's average daily self-employment
                income for the taxable year over
                    ``(B) the average daily military pay and allowances
                received by the taxpayer during the taxable year while
                participating in qualified reserve duty to the
                exclusion of the taxpayer's normal self-employment
                duties for the number of days the taxpayer participates
                in qualified reserve duty during the taxable year,
                including time spent in a travel status.
            ``(2) Average daily self-employment income and average
        daily military pay and allowances.--As used with respect to a
        self-employed taxpayer--
                    ``(A) Average daily self-employment income.--The
                term `average daily self-employment income' means the
                net earnings from self-employment (as defined in
                section 1402) of the taxpayer for the taxable year
                divided by the difference between--
                            ``(i) 365, and
                            ``(ii) the number of days the taxpayer
                        participates in qualified reserve duty during
                        the taxable year, including time spent in a
                        travel status.
                    ``(B) Average daily military pay and allowances.--
                The term `average daily military pay and allowances'
                means--
                            ``(i) the amount paid to the taxpayer
                        during a taxable year as military pay on
                        account of the taxpayer's participation in
                        qualified reserve duty, divided by
                            ``(ii) the total number of days the
                        taxpayer participates in qualified reserve
                        duty, including, if applicable, time spent in
                        travel status.
            ``(3) Qualified self-employed taxpayer.--The term
        `qualified self-employed taxpayer' means a taxpayer who--
                    ``(A) has net earnings from self-employment (as
                defined in section 1402) for the taxable year, and
                    ``(B) is a member of the Ready Reserve of a reserve
                component of an Armed Force of the United States.
    ``(d) Limitations.--
            ``(1) Maximum credit.--The credit determined under
        subsection (a) for the taxable year shall not exceed $7,500.
            ``(2) Disallowance for failure to comply with employment or
        reemployment rights of members of the reserve components of the
        armed forces of the united states.--No credit shall be allowed
        by reason of subsection (a) to a taxpayer for--
                    ``(A) any taxable year in which the taxpayer
                complies with a final order, judgment, or other process
                issued or required by a district court of the United
                States under section 4323 of title 38 of the United
                States Code with respect to a violation of chapter 43
                of such title, and
                    ``(B) the two succeeding taxable years.
            ``(3) Disallowance with respect to persons ordered to
        active duty for training.--No credit shall be allowed by reason
        of subsection (a) to a taxpayer with respect to any period for
        which the person on whose behalf the credit would otherwise be
        allowable is called or ordered to active duty for any of the
        following types of duty--
                    ``(A) active duty for training under any provision
                of title 10 of the United States Code;
                    ``(B) training at encampments, maneuvers, outdoor
                target practice, or other exercises under chapter 5 of
                title 32, United States Code; or
                    ``(C) full-time National Guard duty, as defined in
                section 101(d)(5) of title 10, United State Code.
    ``(e) General Definitions.--
            ``(1) Military pay and allowances.--The term `military pay'
        means pay as that term is defined in section 101(21) of title
        37, United States Code, and the term `allowances' means the
        allowances payable to a member of the Armed Forces of the
        United States under chapter 7 of that title.
            ``(2) Qualified reserve duty.--The term `qualified reserve
        duty' includes only active duty performed in support of, as
        designated in the reservist's military orders, a contingency
        operation as defined in section 101(a)(13), of title 10, United
        States Code.
            ``(3) Normal employment and self-employment duties.--A
        person shall be deemed to be participating in qualified reserve
        duty to the exclusion of normal employment or self-employment
        duties if the person does not engage in or undertake any
        substantial activity related to the person's normal employment
        or self-employment duties while participating in qualified
        reserve duty unless in an authorized leave status or other
        authorized absence form military duties. If a person engages in
        or undertakes any substantial activity related to the person's
        normal employment or self-employment duties at any time while
        participating in a period of qualified reserve duty, unless
        during a period of authorized leave or other authorized absence
        from military duties, the person shall be deemed to have
        engaged in or undertaken such activity for the entire period of
        qualified reserve duty.
    ``(f) Controlled groups.--All persons treated as a single employer
under subsection (a) or (b) of section 52 shall be treated as a single
employer for purposes of this section.''
    (b) Credit to be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended--
            (1) by striking ``plus'' at the end of paragraph (10);
            (2) by striking the period at the end of paragraph (11) and
        inserting ``, plus''; and
            (3) by adding at the end the following new paragraph:
            ``(12) the reserve forces participation credit determined
        under section 45C(a).''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

                              ``Sec. 45C. Reserve forces participation
                                        credit.''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

Summary: Amends the Internal Revenue Code to allow a tax credit to employers of members of reserve components of the armed forces and to self-employed individuals who are members of such reserve components.

To amend the Internal Revenue Code of 1986 to allow a credit against income tax to employers who employ members of the reserve components of the Armed Forces of the United States and to self-employed individuals who are members of such reserve components.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gasoline Price Reduction and
Refinery Tax Fairness Act of 2004''.

SEC. 2. POLICY.

    It is the policy of the United States to take all actions necessary
in the areas of conservation, efficiency, alternative sources,
technology development, and domestic production to reduce the United
States dependence on foreign energy sources by January 1, 2014, to 45
percent of the Nation's total energy needs.

SEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
            ``(24) Oil and gas exploration and production.--The term
        `oil and gas exploration, production, processing, or treatment
        operations or transmission facilities' means all field
        activities or operations associated with exploration,
        production, processing, or treatment operations, or
        transmission facilities, including activities necessary to
        prepare a site for drilling and for the movement and placement
        of drilling equipment, whether or not such field activities or
        operations may be considered to be construction activities.''.

SEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION.

    (a) Establishment.--The President shall establish the Office of
Federal Energy Project Coordination (referred to in this section as the
``Office'') within the Executive Office of the President in the same
manner and with the same mission as the White House Energy Projects
Task Force established by Executive Order No. 13212 (42 U.S.C. 13201
note).
    (b) Staffing.--The Office shall be staffed by functional experts
from relevant Federal agencies on a nonreimbursable basis to carry out
the mission of the Office.
    (c) Report.--The Office shall transmit an annual report to Congress
that describes the activities put in place to coordinate and expedite
Federal decisions on energy projects. The report shall list
accomplishments in improving the Federal decisionmaking process and
shall include any additional recommendations or systemic changes needed
to establish a more effective and efficient Federal permitting process.

SEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES.

    (a) Review of Onshore Oil and Gas Leasing Practices.--
            (1) In general.--The Secretary of the Interior, in
        consultation with the Secretary of Agriculture with respect to
        National Forest System lands under the jurisdiction of the
        Department of Agriculture, shall perform an internal review of
        current Federal onshore oil and gas leasing and permitting
practices.
            (2) Inclusions.--The review shall include the process for--
                    (A) accepting or rejecting offers to lease;
                    (B) administrative appeals of decisions or orders
                of officers or employees of the Bureau of Land
                Management with respect to a Federal oil or gas lease;
                    (C) considering surface use plans of operation,
                including the timeframes in which the plans are
                considered, and any recommendations for improving and
                expediting the process; and
                    (D) identifying stipulations to address site-
                specific concerns and conditions, including those
                stipulations relating to the environment and resource
                use conflicts.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior and the Secretary of
Agriculture shall transmit a report to Congress that describes--
            (1) actions taken under section 3 of Executive Order No.
        13212 (42 U.S.C. 13201 note); and
            (2) actions taken or any plans to improve the Federal
        onshore oil and gas leasing program.

SEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS.

    (a) Timely Action on Leases and Permits.--To ensure timely action
on oil and gas leases and applications for permits to drill on land
otherwise available for leasing, the Secretary of the Interior (in this
section referred to as the ``Secretary'') shall--
            (1) ensure expeditious compliance with section 102(2)(C) of
        the National Environmental Policy Act of 1969 (42 U.S.C.
        4332(2)(C));
            (2) improve consultation and coordination with the States
        and the public; and
            (3) improve the collection, storage, and retrieval of
        information relating to the leasing activities.
    (b) Best Management Practices.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act, the Secretary shall develop and
        implement best management practices to--
                    (A) improve the administration of the onshore oil
                and gas leasing program under the Mineral Leasing Act
                (30 U.S.C. 181 et seq.); and
                    (B) ensure timely action on oil and gas leases and
                applications for permits to drill on lands otherwise
                available for leasing.
            (2) Considerations.--In developing the best management
        practices under paragraph (1), the Secretary shall consider any
        recommendations from the review under section 5.
            (3) Regulations.--Not later than 180 days after the
        development of best management practices under paragraph (1),
        the Secretary shall publish, for public comment, proposed
        regulations that set forth specific timeframes for processing
        leases and applications in accordance with the practices,
        including deadlines for--
                    (A) approving or disapproving resource management
                plans and related documents, lease applications, and
                surface use plans; and
                    (B) related administrative appeals.
    (c) Improved Enforcement.--The Secretary shall improve inspection
and enforcement of oil and gas activities, including enforcement of
terms and conditions in permits to drill.
    (d) Authorization of Appropriations.--In addition to amounts
authorized to be appropriated to carry out section 17 of the Mineral
Leasing Act (30 U.S.C. 226), there are authorized to be appropriated to
the Secretary for each of fiscal years 2005 through 2008--
            (1) $40,000,000 to carry out subsections (a) and (b); and
            (2) $20,000,000 to carry out subsection (c).

SEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall enter into a memorandum of understanding regarding
oil and gas leasing on--
            (1) public lands under the jurisdiction of the Secretary of
        the Interior; and
            (2) National Forest System lands under the jurisdiction of
        the Secretary of Agriculture.
    (b) Contents.--The memorandum of understanding shall include
provisions that--
            (1) establish administrative procedures and lines of
        authority that ensure timely processing of oil and gas lease
        applications, surface use plans of operation, and applications
        for permits to drill, including steps for processing surface
        use plans and applications for permits to drill consistent with
        the timelines established by the amendment made by section 10;
            (2) eliminate duplication of effort by providing for
        coordination of planning and environmental compliance efforts;
        and
            (3) ensure that lease stipulations are--
                    (A) applied consistently;
                    (B) coordinated between agencies; and
                    (C) only as restrictive as necessary to protect the
                resource for which the stipulations are applied.
    (c) Data Retrieval System.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of the Interior and the
        Secretary of Agriculture shall establish a joint data retrieval
        system that is capable of--
                    (A) tracking applications and formal requests made
                in accordance with procedures of the Federal onshore
                oil and gas leasing program; and
                    (B) providing information regarding the status of
                the applications and requests within the Department of
                the Interior and the Department of Agriculture.
            (2) Resource mapping.--Not later than 2 years after the
        date of enactment of this Act, the Secretary of the Interior
        and the Secretary of Agriculture shall establish a joint
        Geographic Information System mapping system for use in--
                    (A) tracking surface resource values to aid in
                resource management; and
                    (B) processing surface use plans of operation and
                applications for permits to drill.

SEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL
              LAND.

    (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C.
6217) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``reserve''; and
                            (ii) by striking ``and'' after the
                        semicolon; and
                    (B) by striking paragraph (2) and inserting the
                following:
            ``(2) the extent and nature of any restrictions or
        impediments to the development of the resources, including--
                    ``(A) impediments to the timely granting of leases;
                    ``(B) post-lease restrictions, impediments, or
                delays on development for conditions of approval,
                applications for permits to drill, or processing of
                environmental permits; and
                    ``(C) permits or restrictions associated with
                transporting the resources for entry into commerce; and
            ``(3) the quantity of resources not produced or introduced
        into commerce because of the restrictions.'';
            (2) in subsection (b)--
                    (A) by striking ``reserve'' and inserting
                ``resource''; and
                    (B) by striking ``publically'' and inserting
                ``publicly''; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Assessments.--Using the inventory, the Secretary of Energy
shall make periodic assessments of economically recoverable resources
accounting for a range of parameters such as current costs, commodity
prices, technology, and regulations.''.
    (b) Methodology.--The Secretary of the Interior shall use the same
assessment methodology across all geological provinces, areas, and
regions in preparing and issuing national geological assessments to
ensure accurate comparisons of geological resources.

SEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING
              REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY,
              DISTRIBUTION, OR USE.

    (a) Requirement.--The head of each Federal agency shall require
that before the Federal agency takes any action that could have a
significant adverse effect on the supply of domestic energy resources
from Federal public land, the Federal agency taking the action shall
comply with Executive Order No. 13211 (42 U.S.C. 13201 note).
    (b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Energy shall publish guidance for
purposes of this section describing what constitutes a significant
adverse effect on the supply of domestic energy resources under
Executive Order No. 13211 (42 U.S.C. 13201 note).
    (c) Memorandum of Understanding.--The Secretary of the Interior and
the Secretary of Agriculture shall include in the memorandum of
understanding under section 7 provisions for implementing subsection
(a) of this section.

SEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
    ``(p) Deadlines for Consideration of Applications for Permits.--
            ``(1) In general.--Not later than 10 days after the date on
        which the Secretary receives an application for any permit to
        drill, the Secretary shall--
                    ``(A) notify the applicant that the application is
                complete; or
                    ``(B) notify the applicant that information is
                missing and specify any information that is required to
                be submitted for the application to be complete.
            ``(2) Issuance or deferral.--Not later than 30 days after
        the applicant for a permit has submitted a complete
        application, the Secretary shall--
                    ``(A) issue the permit; or
                    ``(B)(i) defer decision on the permit; and
                    ``(ii) provide to the applicant a notice that
                specifies any steps that the applicant could take for
                the permit to be issued.
            ``(3) Requirements for deferred applications.--
                    ``(A) In general.--If the Secretary provides notice
                under paragraph (2)(B)(ii), the applicant shall have a
                period of 2 years from the date of receipt of the
                notice in which to complete all requirements specified
                by the Secretary, including providing information
                needed for compliance with the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(B) Issuance of decision on permit.--If the
                applicant completes the requirements within the period
                specified in subparagraph (A), the Secretary shall
                issue a decision on the permit not later than 10 days
                after the date of completion of the requirements
                described in subparagraph (A).
                    ``(C) Denial of permit.--If the applicant does not
                complete the requirements within the period specified
                in subparagraph (A), the Secretary shall deny the
                permit.
    ``(q) Report.--On a quarterly basis, each field office of the
Bureau of Land Management and the Forest Service shall transmit to the
Secretary of the Interior or the Secretary of Agriculture,
respectively, a report that--
            ``(1) specifies the number of applications for permits to
        drill received by the field office in the period covered by the
        report; and
            ``(2) describes how each of the applications was disposed
        of by the field office.''.

SEC. 11. ENVIRONMENTAL REGULATIONS.

    In issuing any rule or order relating to gasoline production and
distribution, a Federal agency shall include a detailed analysis of the
effects the rule or order would have on gasoline supply. Each Federal
agency shall seek to ensure that no such rule or order is issued that
will increase United States dependence on foreign sources of oil.

SEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY.

    (a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (v), by striking
the period at the end of clause (vi) and inserting ``, and'', and by
adding at the end the following new clause:
                            ``(vii) any refinery machinery.''.
    (b) Alternative System.--The table contained in section
168(g)(3)(B) of such Code is amended by inserting after the item
relating to subparagraph (B)(iii) the following new item:

``(B)(vii)..................................................      10''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004.

SEC. 13. REFINERY PERMITTING PROCESS.

    Each Federal agency with authority to approve or disapprove actions
affecting the siting or operation of United States refineries shall,
within 180 days after receiving an application for such approval,
either provide the approval or notify the applicant of the reasons for
rejection along with an explanation of what steps would be necessary to
obtain approval.

Summary: Gasoline Price Reduction and Refinery Tax Fairness Act of 2004 - Amends the Federal Water Pollution Control Act to define oil and gas exploration, production, processing, or treatment operations or transmission facilities as all field activities or operations associated with exploration, production, processing, or treatment operations, or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities. Directs the President to establish the Office of Federal Energy Project Coordination (Office) within the Executive Office of the President. Instructs the Secretary of the Interior to: (1) perform an internal review of Federal onshore oil and gas leasing and permitting practices. And (2) implement certain best management practices to ensure timely action on oil and gas leases and applications for permits to drill on lands otherwise available for leasing. Directs the Secretaries of the Interior and of Agriculture to: (1) enter into a prescribed Memorandum of Understanding regarding oil and gas leasing on public lands. And (2) establish a joint data retrieval system and a joint Geographic Information System mapping system. Amends the Energy Act of 2000 to require the Secretary of the Interior's inventory of all Federal onshore lands to identify restrictions or impediments to oil and gas resource development of such lands. Directs each Federal agency head to require the agency, before it takes action that could have a significant adverse effect on the supply of domestic energy resources from Federal public land, to act in compliance with a certain Executive Order that identifies actions to expedite energy-related projects. Amends the Mineral Leasing Act to set a deadline for expeditious consideration of applications for permits for oil and gas leases. Requires a Federal agency, in issuing any rule or order relating to gasoline production and distribution, to include a detailed analysis of the effects the rule or order would have on gasoline supply and seek to ensure that no rule or order is issued that will increase US dependence on foreign sources of oil. Amends the Internal Revenue Code to provide for accelerated depreciation for refinery machinery. Requires each Federal agency with the authority to do so to approve or disapprove within 180 days of its receipt any application for approval of an action affecting the siting or operation of US refineries.

To enable increased gasoline supplies and otherwise ensure lower gasoline prices in the United States.


SECTION 1. SHORT TITLE.

    This Act may be cited as ``The VA Vision Scholars Act of 2007''.

SEC. 2. VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY PROFESSIONALS
              EDUCATION ASSISTANCE PROGRAM.

    (a) Establishment of Program.--Part V of title 38, United States
Code, is amended by adding at the end the following new chapter:

     ``CHAPTER 80--VISUAL IMPAIRMENT AND ORIENTATION AND MOBILITY
               PROFESSIONALS EDUCATION ASSISTANCE PROGRAM

``Sec.
``8001. Establishment of scholarship program; purpose.
``8002. Application and acceptance.
``8003. Amount of assistance; duration.
``8004. Agreement.
``8005. Repayment for failure to satisfy requirements of agreement.
``Sec. 8001. Establishment of scholarship program; purpose
    ``(a) Establishment.--Subject to the availability of
appropriations, the Secretary shall establish and carry out a
scholarship program to provide financial assistance in accordance with
this chapter to an individual--
            ``(1) who is accepted for enrollment or currently enrolled
        in a program of study leading to a degree or certificate in
        visual impairment or orientation and mobility, or a dual degree
        or certification in both such areas, at an accredited (as
        determined by the Secretary) educational institution that is in
        a State; and
            ``(2) who enters into an agreement with the Secretary as
        described in section 8004 of this title.
    ``(b) Purpose.--The purpose of the scholarship program established
under this chapter is to increase the supply of qualified blind
rehabilitation specialists for the Department and the Nation.
    ``(c) Outreach.--The Secretary shall publicize the scholarship
program established under this chapter to educational institutions
throughout the United States, with an emphasis on disseminating
information to such institutions with high numbers of Hispanic students
and to Historically Black Colleges and Universities.
``Sec. 8002. Application and acceptance
    ``(a) Application.--(1) To apply and participate in the scholarship
program under this chapter, an individual shall submit to the Secretary
an application for such participation together with an agreement
described in section 8004 of this title under which the participant
agrees to serve a period of obligated service in the Department as
provided in the agreement in return for payment of educational
assistance as provided in the agreement.
    ``(2) In distributing application forms and agreement forms to
individuals desiring to participate in the scholarship program, the
Secretary shall include with such forms the following:
            ``(A) A fair summary of the rights and liabilities of an
        individual whose application is approved (and whose agreement
        is accepted) by the Secretary.
            ``(B) A full description of the terms and conditions that
        apply to participation in the scholarship program and service
        in the Department.
    ``(b) Approval.--(1) Upon the Secretary's approval of an
individual's participation in the scholarship program, the Secretary
shall, in writing, promptly notify the individual of that acceptance.
    ``(2) An individual becomes a participant in the scholarship
program upon such approval by the Secretary.
``Sec. 8003. Amount of assistance; duration
    ``(a) Amount of Assistance.--The amount of the financial assistance
provided for an individual under this chapter shall be the amount
determined by the Secretary as being necessary to pay the tuition and
fees of the individual. In the case of an individual enrolled in a
program of study leading to a dual degree or certification in both the
areas of study described in section 8001(a)(1) of this title, the
tuition and fees shall not exceed the amounts necessary for the minimum
number of credit hours to achieve such dual certification or degree.
    ``(b) Relationship to Other Assistance.--Financial assistance may
be provided to an individual under this chapter to supplement other
educational assistance to the extent that the total amount of
educational assistance received by the individual during an academic
year does not exceed the total tuition and fees for such academic year.
    ``(c) Maximum Amount of Assistance.--(1) In no case may the total
amount of assistance provided under this chapter for an academic year
to an individual who is a full-time student exceed $15,000.
    ``(2) In the case of an individual who is a part-time student, the
total amount of assistance provided under this chapter shall bear the
same ratio to the amount that would be paid under paragraph (1) if the
participant were a full-time student in the program of study being
pursued by the individual as the coursework carried by the individual
to full-time coursework in that program of study.
    ``(3) In no case may the total amount of assistance provided to an
individual under this chapter exceed $45,000.
    ``(d) Maximum Duration of Assistance.--The Secretary may provide
financial assistance to an individual under this chapter for not more
than six years.
``Sec. 8004. Agreement
    ``An agreement between the Secretary and a participant in the
scholarship program under this chapter shall be in writing, shall be
signed by the participant, and shall include the following:
            ``(1) The Secretary's agreement to provide the participant
        with financial assistance as authorized under this chapter.
            ``(2) The participant's agreement--
                    ``(A) to accept such financial assistance;
                    ``(B) to maintain enrollment and attendance in the
                program of study described in section 8001(a)(1) of
                this chapter;
                    ``(C) while enrolled in such program, to maintain
                an acceptable level of academic standing (as determined
                by the educational institution offering such program
                under regulations prescribed by the Secretary); and
                    ``(D) after completion of the program, to serve as
                a full-time employee in the Department for a period of
                three years, to be served within the first six years
                after the participant has completed such program and
                received a degree or certificate described in section
                8001(a)(1) of this chapter.
            ``(3) Such other terms and conditions that the Secretary
        determines appropriate for carrying out this chapter.
``Sec. 8005. Repayment for failure to satisfy requirements of agreement
    ``(a) In General.--An individual who receives educational
assistance under this chapter shall repay to the Secretary an amount
equal to the unearned portion of such assistance if the individual
fails to satisfy the requirements of the agreement entered into under
section 8004 of this title, except in circumstances authorized by the
Secretary.
    ``(b) Amount of Repayment.--The Secretary shall establish, by
regulations, procedures for determining the amount of the repayment
required under this section and the circumstances under which an
exception to the required repayment may be granted.
    ``(c) Waiver or Suspension of Compliance.--The Secretary shall
prescribe regulations providing for the waiver or suspension of any
obligation of an individual for service or payment under this chapter
(or an agreement under this chapter) whenever noncompliance by the
individual is due to circumstances beyond the control of the individual
or whenever the Secretary determines that the waiver or suspension of
compliance is in the best interest of the United States.
    ``(d) Obligation as Debt to United States.--An obligation to repay
the Secretary under this section is, for all purposes, a debt owed the
United States. A discharge in bankruptcy under title 11 does not
discharge a person from such debt if the discharge order is entered
less than five years after the date of the termination of the agreement
or contract on which the debt is based.''.
    (b) Clerical Amendments.--The tables of chapters at the beginning
of title 38, and of part V of title 38, are each amended by inserting
after the item relating to chapter 79 the following new item:

``80. Visual Impairment and Orientation and Mobility           8001.''.
                            Professionals Education
                            Assistance Program.
    (c) Effective Date.--The Secretary of Veterans Affairs shall
implement chapter 80 of title 38, United States Code, as added by
subsection (a), not later than six months after the date of the
enactment of this Act.

Summary: VA Vision Scholars Act of 2007 - Directs the Secretary of Veterans Affairs to establish and carry out a scholarship program of financial assistance for individuals who: (1) are accepted for, or currently enrolled in, a program of study leading to a degree or certificate in visual impairment or orientation and mobility, or both. And (2) enter into an agreement to serve, after program completion, as a full-time Department of Veterans Affairs (VA) employee for three years within the first six years after program completion. Sets maximum assistance amounts of $15,000 per academic year and $45,000 total. Requires pro rate repayment for failure to satisfy education or service requirements, while allowing the Secretary to waive or suspend such repayment whenever noncompliance is due to circumstances beyond the control of the participant, or when waiver or suspension is in the best interests of the United States.

A bill to direct the Secretary of Veterans Affairs to establish a scholarship program for students seeking a degree or certificate in the areas of visual impairment and orientation and mobility.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kenai Mountains-Turnagain Arm
National Heritage Area Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) The Kenai Mountains-Turnagain Arm transportation
        corridor is a major gateway to Alaska and includes a range of
        transportation routes used first by indigenous people who were
        followed by pioneers who settled the Nation's last frontier;
            (2) the natural history and scenic splendor of the region
        are equally outstanding; vistas of nature's power include
        evidence of earthquake subsidence, recent avalanches,
        retreating glaciers and tidal action along Turnagain Arm, which
        has the world's second greatest tidal range;
            (3) the cultural landscape formed by indigenous people and
        then by settlement, transportation and modern resource
        development in this rugged and often treacherous natural
        setting stands as powerful testimony to the human fortitude,
        perseverance, and resourcefulness that is America's proudest
        heritage from the people who settled the frontier;
            (4) there is a national interest in recognizing,
        preserving, promoting, and interpreting these resources;
            (5) the Kenai Mountains-Turnagain Arm region is
        geographically and culturally cohesive because it is defined by
        a corridor of historic routes--trail, water, railroad, and
        roadways through a distinct landscape of mountains, lakes, and
        fjords;
            (6) national significance of separate elements of the
        region include, but are not limited to, the Iditarod National
        Historic Trail, the Seward Highway National Scenic Byway, and
        the Alaska Railroad National Scenic Railroad;
            (7) national heritage area designation provides for the
        interpretation of these routes, as well as the national
        historic districts and numerous historic routes in the region
        as part of the whole picture of human history in the wider
        transportation corridor including early Native trade routes,
        connections by waterway, mining trail, and other routes;
            (8) national heritage area designation also provides
        communities within the region with the motivation and means for
        ``grass roots'' regional coordination and partnerships with
        each other and with borough, State, and Federal agencies; and
            (9) national heritage area designation is supported by the
        Kenai Peninsula Historical Association, the Seward Historical
        Commission, the Seward City Council, the Hope and Sunrise
        Historical Society, the Hope Chamber of Commerce, the Alaska
        Association for Historic Preservation, the Cooper Landing
        Community Club, the Alaska Wilderness Recreation and Tourism
        Association, Anchorage Historic Properties, the Anchorage
        Convention and Visitors Bureau, the Cook Inlet Historical
        Society, the Moose Pass Sportsman's Club, the Alaska
Historical Commission, the Girdwood Board of Supervisors, the Kenai
River Special Management Area Advisory Board, the Bird/Indian Community
Council, the Kenai Peninsula Borough Trails Commission, the Alaska
Division of Parks and Recreation, the Kenai Peninsula Borough, the
Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal
Assembly.
    (b) Purposes.--The purposes of this Act are--
            (1) to recognize, preserve, and interpret the historic and
        modern resource development and cultural landscapes of the
        Kenai Mountains-Turnagain Arm historic transportation corridor,
        and to promote and facilitate the public enjoyment of these
        resources; and
            (2) to foster, through financial and technical assistance,
        the development of cooperative planning and partnership among
        the communities and borough, State, and Federal Government
        entities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Heritage area.--The term ``Heritage Area'' means the
        Kenai Mountains-Turnagain Arm National Heritage Area
        established by section 4(a) of this Act.
            (2) Management entity.--The term ``management entity''
        means the 11 member Board of Directors of the Kenai Mountains-
        Turnagain Arm National Heritage Corridor Communities
        Association.
            (3) Management plan.--The term ``management plan'' means
        the management plan for the Heritage Area.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of the Interior.

SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE AREA.

    (a) Establishment.--There is established the Kenai Mountains-
Turnagain Arm National Heritage Area.
    (b) Boundaries.--The Heritage Area shall comprise the lands in the
Kenai Mountains and upper Turnagain Arm region generally depicted on
the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage
Corridor'', numbered ``Map #KMTA-1, and dated ``August 1999''. The map
shall be on file and available for public inspection in the offices of
the Alaska Regional Office of the National Park Service and in the
offices of the Alaska State Heritage Preservation Officer.

SEC. 5. MANAGEMENT ENTITY.

    (a) The Secretary shall enter into a cooperative agreement with the
management entity, to carry out the purposes of this Act. The
cooperative agreement shall include information relating to the
objectives and management of the Heritage Area, including the
following:
            (1) A discussion of the goals and objectives of the
        Heritage Area.
            (2) An explanation of the proposed approach to conservation
        and interpretation of the Heritage Area.
            (3) A general outline of the protection measures, to which
        the management entity commits.
    (b) Nothing in this Act authorizes the management entity to assume
any management authorities or responsibilities on Federal lands.
    (c) Representatives of other organizations shall be invited and
encouraged to participate with the management entity and in the
development and implementation of the management plan, including but
not limited to: The State Division of Parks and Outdoor Recreation; the
State Division of Mining, Land and Water; the Forest Service; the State
Historic Preservation Office; the Kenai Peninsula Borough; the
Municipality of Anchorage; the Alaska Railroad; the Alaska Department
of Transportation; and the National Park Service.
    (d) Representation of ex-officio members in the non-profit
corporation shall be established under the bylaws of the management
entity.

SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT
              ENTITY.

    (a) Management Plan.--
            (1) In general.--Not later than 3 years after the Secretary
        enters into a cooperative agreement with the management entity,
        the management entity shall develop a management plan for the
        Heritage Area, taking into consideration existing Federal,
        State, borough, and local plans.
            (2) Contents.--The management plan shall include, but not
        be limited to--
                    (A) comprehensive recommendations for conservation,
                funding, management, and development of the Heritage
                Area;
                    (B) a description of agreements on actions to be
                carried out by Government and private organizations to
                protect the resources of the Heritage Area;
                    (C) a list of specific and potential sources of
                funding to protect, manage, and develop the Heritage
                Area;
                    (D) an inventory of the resources contained in the
                Heritage Area; and
                    (E) a description of the role and participation of
                other Federal, State, and local agencies that have
                jurisdiction on lands within the Heritage Area.
    (b) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and policies set forth in the
cooperative agreement with the Secretary and the heritage plan,
including assisting communities within the region in--
            (1) carrying out programs which recognize important
        resource values in the Heritage Area;
            (2) encouraging economic viability in the affected
        communities;
            (3) establishing and maintaining interpretive exhibits in
        the Heritage Area;
            (4) improving and interpreting heritage trails;
            (5) increasing public awareness and appreciation for the
        natural, historical, and cultural resources and modern resource
        development of the Heritage Area;
            (6) restoring historic buildings and structures that are
        located within the boundaries of the Heritage Area; and
            (7) ensuring that clear, consistent, and appropriate signs
        identifying public access points and sites of interest are
        placed throughout the Heritage Area.
    (c) Public Meetings.--The management entity shall conduct 2 or more
public meetings each year regarding the initiation and implementation
of the management plan for the Heritage Area. The management entity
shall place a notice of each such meeting in a newspaper of general
circulation in the Heritage Area and shall make the minutes of the
meeting available to the public.

SEC. 7. DUTIES OF THE SECRETARY.

    (a) The Secretary, in consultation with the Governor of Alaska, or
his designee, is authorized to enter into a cooperative agreement with
the management entity. The cooperative agreement shall be prepared with
public participation.
    (b) In accordance with the terms and conditions of the cooperative
agreement and upon the request of the management entity, and subject to
the availability of funds, the Secretary may provide administrative,
technical, financial, design, development, and operations assistance to
carry out the purposes of this Act.

SEC. 8. SAVINGS PROVISIONS.

    (a) Regulatory Authority.--Nothing in this Act shall be construed
to grant powers of zoning or management of land use to the management
entity of the Heritage Area.
    (b) Effect on Authority of Governments.--Nothing in this Act shall
be construed to modify, enlarge, or diminish any authority of the
Federal, State, or local governments to manage or regulate any use of
land as provided for by law or regulation.
    (c) Effect on Business.--Nothing in this Act shall be construed to
obstruct or limit business activity on private development or resource
development activities.

SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY.

    The management entity may not use funds appropriated to carry out
the purposes of this Act to acquire real property or interest in real
property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) First Year.--For the first year $350,000 is authorized to be
appropriated to carry out the purposes of this Act, and is made
available upon the Secretary and the management entity completing a
cooperative agreement.
    (b) In General.--There is authorized to be appropriated not more
than $1,000,000 to carry out the purposes of this Act for any fiscal
year after the first year. Not more than $10,000,000, in the aggregate,
may be appropriated for the Heritage Area.
    (c) Matching Funds.--Federal funding provided under this Act shall
be matched at least 25 percent by other funds or in-kind services.
    (d) Sunset Provision.--The Secretary may not make any grant or
provide any assistance under this Act beyond 15 years from the date
that the Secretary and management entity complete a cooperative
agreement.

Summary: Kenai Mountains-Turnagain Arm National Heritage Area Act - Establishes the Kenai Mountains-Turnagain Arm National Heritage Area in Alaska. Requires: (1) the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association. And (2) the Association to develop a management plan for the Heritage Area. Prohibits the Association from using funds appropriated to carry out this Act to acquire real property.

A bill to establish the Kenai Mountains-Turnagain Arm National Heritage Area in the State of Alaska, and for other purposes.