SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer and Community Choice in
Access Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) As cable, telecommunications and Internet lines of
        business merge, cable operators are upgrading their cable
        systems to offer 2-way communications on their cable networks,
        including high-speed broadband access to the Internet.
            (2) Upgraded cable systems are now offering Internet access
        up to 1,000 times faster than traditional phone lines, and up
        to 100 times faster than integrated services digital network
        (``ISDN'') lines.
            (3) Some cable operators are requiring their customers to
        obtain broadband access only through their affiliated Internet
        service provider (``ISP'').
            (4) Citizens who need or desire Internet access through the
        significantly faster cable network, but who choose not to use
        the cable operators' affiliated ISP must pay twice (once to the
        cable operator's ISP, once to their own ISP), in order to
        access the ISP of their choice.
            (5) Some in the cable industry, utilizing both their
        affiliated ISP and considerable market power, will not allow
        open and direct access to unaffiliated ISPs and their customers
        via the broadband cable platform.
            (6) The initial design of broadband cable modem Internet
        access has also created technological barriers to open access
        that need to be addressed.
            (7) In their federally recognized roles as local cable
        franchising authorities, local communities across the country
        are now confronted with the question of whether to allow their
        cable operators to restrict unaffiliated ISP from gaining
        direct, open access to their customers on the regulated cable
        network. In Oregon, the city of Portland and Multnomah County
        have already faced this situation, and decided that the public
        interest requires open access. This decision has been upheld by
        a Federal court.
            (8) However, some have expressed concern that allowing
        localities the ability to promote competition by requiring open
        access will delay the deployment of cable broadband Internet
        access services.
            (9) Local jurisdictions that choose to impose a
        procompetitive open access requirement serve the important
        public purpose of serving as ``laboratories'' for field trials
        to develop true competition on the cable Internet gateway.
            (10) Clearly, the possible development of a monopoly
        bottleneck to high-speed Internet access is a critical public
        policy issue that Congress, the Federal Communications
        Commission, and local franchising authorities need to address.

SEC. 3. NONDISCRIMINATORY REQUIREMENTS FOR INTERCONNECTION TO THE
              INTERNET.

    (a) Reallocation of Authority.--Section 624 of the Communications
Act of 1934 (47 U.S.C. 544) is amended--
            (1) in subsection (b)(1), by striking ``or other
        information services''; and
            (2) by adding at the end the following new subsection:
    ``(j) Internet Access.--The Commission may require cable operators
that provide interconnection, using cable system facilities, with the
Internet to offer such interconnection on terms and conditions that are
fair, reasonable, and nondiscriminatory. Such requirements shall
include the obligation to provide direct or indirect interconnection
with the facilities and equipment of any Internet service provider on
terms and conditions that are functionally and economically equivalent
to the interconnection provided to any other Internet service provider,
whether or not affiliated with the cable operator. If the Commission
determines, after notice and comment, that a cable operator is not
complying with such obligation, the Commission may establish the terms
and conditions of such interconnection.''.

SEC. 4. LEASED ACCESS AMENDMENT.

    Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is
amended--
            (1) in subsection (b)(5), by inserting ``or other cable
        service'' after ``provision of video programming'';
            (2) in subsection (c)(2), by inserting ``or other cable
        service'' after ``over any video programming''; and
            (3) by adding at the end the following new subsection:
    ``(k) Treatment of High-Speed Data Services.--Until the Commission
establishes open access or interconnection standards and obligations
under section 624(j), a service that provides high-speed data service
(as such term is defined in regulations of the Commission) and that
seeks to obtain channel capacity under this section may,
notwithstanding subsection (b)(5), be treated as seeking channel
capacity for a commercial use.''.

SEC. 5. CLARIFICATION OF LIMITATION ON COMMON CARRIER REGULATION.

    Section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c))
is amended by adding at the end the following new sentence: ``A
telecommunications service that is provided by a cable system is
subject to regulation as a common carrier service.''.

SEC. 6. RULES OF CONSTRUCTION.

    Nothing in this Act--
            (1) restricts or limits the authority of a State or
        franchising authority; or
            (2) shall be construed to affect any civil action that is
        pending in any Federal or State court on the date of enactment
        of this Act.

Summary: Consumer and Community Choice in Access Act of 1999 - Amends the Communications Act of 1934 to authorize the Federal Communications Commission (FCC) to require cable operators that provide interconnection with the Internet using that cable system's facilities to offer such interconnection on terms and conditions that are fair, reasonable, and nondiscriminatory and to provide such interconnection with the facilities and equipment of any Internet service provider, whether or not affiliated with such cable operator. Directs a cable operator to designate channel capacity for the provision of other cable services . Provides that, until the FCC establishes open access or interconnection standards and obligations for cable providers, a service that provides high-speed data service and that seeks to obtain channel capacity for such service may be treated as seeking channel capacity for a commercial use. Subjects a telecommunications service that is provided by a cable system to Federal regulation as a common carrier service.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Security Improvement Act of
2000''.

SEC. 2. CRIMINAL HISTORY RECORD CHECKS.

    (a) Expansion of FAA Electronic Pilot Program.--
        (1) In general.--Not later than 2 years after the date of
    enactment of this Act, the Administrator of the Federal Aviation
    Administration shall develop, in consultation with the Office of
    Personnel Management and the Federal Bureau of Investigation, the
    pilot program for individual criminal history record checks (known
    as the electronic fingerprint transmission pilot project) into an
    aviation industry-wide program.
        (2) Limitation.--The Administrator shall not require any
    airport, air carrier, or screening company to participate in the
    program described in subsection (a) if the airport, air carrier, or
    screening company determines that it would not be cost effective
    for it to participate in the program and notifies the Administrator
    of that determination.
    (b) Application of Expanded Program.--
        (1) Interim report.--Not later than 1 year after the date of
    enactment of this Act, the Administrator shall transmit to the
    Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the House
    of Representatives a report describing the status of the
    Administrator's efforts to utilize the program described in
    subsection (a).
        (2) Notification concerning sufficiency of operation.--If the
    Administrator determines that the program described in subsection
    (a) is not sufficiently operational 2 years after the date of
    enactment of this Act to permit its utilization in accordance with
    subsection (a), the Administrator shall notify the committees
    referred to in paragraph (1) of that determination.
    (c) Changes in Existing Requirements.--Section 44936(a)(1) of title
49, United States Code, is amended--
        (1) in subparagraph (A) by striking ``, as the Administrator
    decides is necessary to ensure air transportation security,'';
        (2) in subparagraph (D) by striking ``as a screener'' and
    inserting ``in the position for which the individual applied''; and
        (3) by adding at the end the following:
            ``(E) Criminal history record checks for screeners and
        others.--
                ``(i) In general.--A criminal history record check
            shall be conducted for each individual who applies for a
            position described in subparagraph (A), (B)(i), or (B)(ii).
                ``(ii) Special transition rule.--During the 3-year
            period beginning on the date of enactment of this
            subparagraph, an individual described in clause (i) may be
            employed in a position described in clause (i)--

                    ``(I) in the first 2 years of such 3-year period,
                for a period of not to exceed 45 days before a criminal
                history record check is completed; and
                    ``(II) in the third year of such 3-year period, for
                a period of not to exceed 30 days before a criminal
                history record check is completed,

            if the request for the check has been submitted to the
            appropriate Federal agency and the employment investigation
            has been successfully completed.
                ``(iii) Employment investigation not required for
            individuals subject to criminal history record check.--An
            employment investigation shall not be required for an
            individual who applies for a position described in
            subparagraph (A), (B)(i), or (B)(ii), if a criminal history
            record check of the individual is completed before the
            individual begins employment in such position.
                ``(iv) Effective date.--This subparagraph shall take
            effect--

                    ``(I) 30 days after the date of enactment of this
                subparagraph with respect to individuals applying for a
                position at an airport that is defined as a Category X
                airport in the Federal Aviation Administration approved
                air carrier security programs required under part 108
                of title 14, Code of Federal Regulations; and
                    ``(II) 3 years after such date of enactment with
                respect to individuals applying for a position at any
                other airport that is subject to the requirements of
                part 107 of such title.

            ``(F) Exemption.--An employment investigation, including a
        criminal history record check, shall not be required under this
        subsection for an individual who is exempted under section
        107.31(m) of title 14, Code of Federal Regulations, as in
        effect on the date of enactment of this subparagraph.''.
    (d) List of Offenses Barring Employment.--Section 44936(b)(1)(B) of
title 49, United States Code, is amended--
        (1) by inserting ``(or found not guilty by reason of
    insanity)'' after ``convicted'';
        (2) in clause (xi) by inserting ``or felony unarmed'' after
    ``armed'';
        (3) by striking ``or'' at the end of clause (xii);
        (4) by redesignating clause (xiii) as clause (xv) and inserting
    after clause (xii) the following:
                ``(xiii) a felony involving a threat;
                ``(xiv) a felony involving--

                    ``(I) willful destruction of property;
                    ``(II) importation or manufacture of a controlled
                substance;
                    ``(III) burglary;
                    ``(IV) theft;
                    ``(V) dishonesty, fraud, or misrepresentation;
                    ``(VI) possession or distribution of stolen
                property;
                    ``(VII) aggravated assault;
                    ``(VIII) bribery; and
                    ``(IX) illegal possession of a controlled substance
                punishable by a maximum term of imprisonment of more
                than 1 year, or any other crime classified as a felony
                that the Administrator determines indicates a
                propensity for placing contraband aboard an aircraft in
                return for money; or''; and

        (5) in clause (xv) (as so redesignated) by striking ``clauses
    (i)-(xii) of this paragraph'' and inserting ``clauses (i) through
    (xiv)''.

SEC. 3. IMPROVED TRAINING.

    (a) Training Standards for Screeners.--Section 44935 of title 49,
United States Code, is amended by adding at the end the following:
    ``(e) Training Standards for Screeners.--
        ``(1) Issuance of final rule.--Not later than May 31, 2001, and
    after considering comments on the notice published in the Federal
    Register for January 5, 2000 (65 Fed. Reg. 559 et seq.), the
    Administrator shall issue a final rule on the certification of
    screening companies.
        ``(2) Classroom instruction.--
            ``(A) In general.--As part of the final rule, the
        Administrator shall prescribe minimum standards for training
        security screeners that include at least 40 hours of classroom
        instruction before an individual is qualified to provide
        security screening services under section 44901.
            ``(B) Classroom equivalency.--Instead of the 40 hours of
        classroom instruction required under subparagraph (A), the
        final rule may allow an individual to qualify to provide
        security screening services if that individual has successfully
        completed a program that the Administrator determines will
        train individuals to a level of proficiency equivalent to the
        level that would be achieved by the classroom instruction under
        subparagraph (A).
        ``(3) On-the-job training.--In addition to the requirements of
    paragraph (2), as part of the final rule, the Administrator shall
    require that before an individual may exercise independent judgment
    as a security screener under section 44901, the individual shall--
            ``(A) complete 40 hours of on-the-job training as a
        security screener; and
            ``(B) successfully complete an on-the-job training
        examination prescribed by the Administrator.''.
    (b) Computer-Based Training Facilities.--Section 44935 of title 49,
United States Code, is further amended by adding at the end the
following:
    ``(f) Accessibility of Computer-Based Training Facilities.--The
Administrator shall work with air carriers and airports to ensure that
computer-based training facilities intended for use by security
screeners at an airport regularly serving an air carrier holding a
certificate issued by the Secretary of Transportation are conveniently
located for that airport and easily accessible.''.

SEC. 4. IMPROVING SECURED-AREA ACCESS CONTROL.

    Section 44903 of title 49, United States Code, is amended by adding
at the end the following:
    ``(g) Improvement of Secured-Area Access Control.--
        ``(1) Enforcement.--
            ``(A) Administrator to publish sanctions.--The
        Administrator shall publish in the Federal Register a list of
        sanctions for use as guidelines in the discipline of employees
        for infractions of airport access control requirements. The
        guidelines shall incorporate a progressive disciplinary
        approach that relates proposed sanctions to the severity or
        recurring nature of the infraction and shall include measures
        such as remedial training, suspension from security-related
        duties, suspension from all duties without pay, and termination
        of employment.
            ``(B) Use of sanctions.--Each airport operator, air
        carrier, and security screening company shall include the list
        of sanctions published by the Administrator in its security
        program. The security program shall include a process for
        taking prompt disciplinary action against an employee who
        commits an infraction of airport access control requirements.
        ``(2) Improvements.--The Administrator shall--
            ``(A) work with airport operators and air carriers to
        implement and strengthen existing controls to eliminate airport
        access control weaknesses by January 31, 2001;
            ``(B) require airport operators and air carriers to develop
        and implement comprehensive and recurring training programs
        that teach employees their roles in airport security, the
        importance of their participation, how their performance will
        be evaluated, and what action will be taken if they fail to
        perform;
            ``(C) require airport operators and air carriers to develop
        and implement programs that foster and reward compliance with
        airport access control requirements and discourage and penalize
        noncompliance in accordance with guidelines issued by the
        Administrator to measure employee compliance;
            ``(D) assess and test for compliance with access control
        requirements, report findings, and assess penalties or take
        other appropriate enforcement actions when noncompliance is
        found;
            ``(E) improve and better administer the Administrator's
        security database to ensure its efficiency, reliability, and
        usefulness for identification of systemic problems and
        allocation of resources;
            ``(F) improve the execution of the Administrator's quality
        control program by January 31, 2001; and
            ``(G) require airport operators and air carriers to
        strengthen access control points in secured areas (including
        air traffic control operations areas) to ensure the security of
        passengers and aircraft by January 31, 2001.''.

SEC. 5. PHYSICAL SECURITY FOR ATC FACILITIES.

    (a) In General.--In order to ensure physical security at Federal
Aviation Administration staffed facilities that house air traffic
control systems, the Administrator of the Federal Aviation
Administration shall act immediately to--
        (1) correct physical security weaknesses at air traffic control
    facilities so the facilities can be granted physical security
    accreditation not later than April 30, 2004; and
        (2) ensure that follow-up inspections are conducted,
    deficiencies are promptly corrected, and accreditation is kept
    current for all air traffic control facilities.
    (b) Reports.--Not later than April 30, 2001, and annually
thereafter through April 30, 2004, the Administrator shall transmit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the progress being made in improving the
physical security of air traffic control facilities, including the
percentage of such facilities that have been granted physical security
accreditation.

SEC. 6. EXPLOSIVES DETECTION EQUIPMENT.

    Section 44903(c)(2) of title 49, United States Code, is amended by
adding at the end the following:
            ``(C) Manual process.--
                ``(i) In general.--The Administrator shall issue an
            amendment to air carrier security programs to require a
            manual process, at explosive detection system screen
            locations in airports where explosive detection equipment
            is underutilized, which will augment the Computer Assisted
            Passenger Prescreening System by randomly selecting
            additional checked bags for screening so that a minimum
            number of bags, as prescribed by the Administrator, are
            examined.
                ``(ii) Limitation on statutory construction.--Clause
            (i) shall not be construed to limit the ability of the
            Administrator to impose additional security measures on an
            air carrier or a foreign air carrier when a specific threat
            warrants such additional measures.
                ``(iii) Maximum use of explosive detection equipment.--
            In prescribing the minimum number of bags to be examined
            under clause (i), the Administrator shall seek to maximize
            the use of the explosive detection equipment.''.

SEC. 7. AIRPORT NOISE STUDY.

    (a) In General.--Section 745 of the Wendell H. Ford Aviation
Investment and Reform Act for the 21st Century (49 U.S.C. 47501 note;
114 Stat. 178) is amended--
        (1) in the section heading by striking ``general accounting
    office'';
        (2) in subsection (a) by striking ``Comptroller General of the
    United States shall'' and inserting ``Secretary shall enter into an
    agreement with the National Academy of Sciences to'';
        (3) in subsection (b)--
            (A) by striking ``Comptroller General'' and inserting
        ``National Academy of Sciences'';
            (B) by striking paragraph (1);
            (C) by adding ``and'' at the end of paragraph (4);
            (D) by striking ``; and'' at the end of paragraph (5) and
        inserting a period;
            (E) by striking paragraph (6); and
            (F) by redesignating paragraphs (2), (3), (4), and (5) as
        paragraphs (1), (2), (3), and (4), respectively;
        (4) by striking subsection (c) and inserting the following:
    ``(c) Report.--Not later than 18 months after the date of the
agreement entered into under subsection (a), the National Academy of
Sciences shall transmit to the Secretary a report on the results of the
study. Upon receipt of the report, the Secretary shall transmit a copy
of the report to the appropriate committees of Congress.
    ``(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
    (b) Conforming Amendment.--The table of contents for such Act (114
Stat. 61 et seq.) is amended by striking the item relating to section
745 and inserting the following:
``Sec. 745. Airport noise study.''.

SEC. 8. TECHNICAL AMENDMENTS.

    (a) Federal Aviation Management Advisory Council.--Section
106(p)(2) is amended by striking ``15'' and inserting ``18''.
    (b) National Parks Air Tour Management.--Title VIII of the Wendell
H. Ford Aviation Investment and Reform Act for the 21st Century (49
U.S.C. 40128 note; 114 Stat. 185 et seq.) is amended--
        (1) in section 803(c) by striking ``40126'' each place it
    appears and inserting ``40128'';
        (2) in section 804(b) by striking ``40126(e)(4)'' and inserting
    ``40128(f)''; and
        (3) in section 806 by striking ``40126'' and inserting
    ``40128''.
    (c) Restatement of Provision Without Substantive Change.--Section
41104(b) of title 49, United States Code, is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) In general.--Except as provided in paragraph (3), an air
    carrier, including an indirect air carrier, may not provide, in
    aircraft designed for more than 9 passenger seats, regularly
    scheduled charter air transportation for which the public is
    provided in advance a schedule containing the departure location,
    departure time, and arrival location of the flight unless such air
    transportation is to and from an airport that has an airport
    operating certificate issued under part 139 of title 14, Code of
    Federal Regulations (or any subsequent similar regulation).''; and
        (2) by adding at the end the following:
        ``(3) Exception.--This subsection does not apply to any airport
    in the State of Alaska or to any airport outside the United
    States.''.

SEC. 9. EFFECTIVE DATE.

    Except as otherwise expressly provided, this Act and the amendments
made by this Act shall take effect 30 days after the date of enactment
of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: Amends Federal aviation law to require that a criminal history record check be done for any individual applying for a position as a security screener, a screener supervisor, or that will allow unescorted access to an aircraft or a secured area of an airport. Allows such persons during the first three years to work temporarily without a fingerprint check for 45 days during the first two years of such three year period, and for 30 days during the third year of such period. Requires all new employees, after the temporary periods, to have a fingerprint check before beginning work. Declares that an employment investigation shall not be required for an individual if a criminal history record check is completed before the individual begins working. Sets forth specified exceptions to the requirements of this Act. Lists additional crimes in the past ten years preceding an employment investigation for which an individual will be barred from employment in a position as a security screener or a position that will allow unescorted access. Directs the Administrator to issue a final rule on the certification of screening companies. Establishes new minimum standards for the training of security screeners. Directs the Administrator to work with air carriers and airports to ensure that computer-based training facilities intended for use by security screeners at an airport are conveniently located and easily accessible. Requires each airport operator, air carrier, and security screening company to include a list of sanctions published by the Administrator in its security program for use as guidelines in the discipline of its employees for infractions of airport access control requirements. Requires the Administrator to work with airport operators and air carriers to improve airport access controls by January 31, 2001. Directs the Administrator to take certain actions to ensure physical security at FAA staffed facilities that house air traffic control systems. Requires the Administrator to report to specified congressional committees on progress made in improving the physical security of air traffic control facilities, including the percentage of such facilities that have been granted physical security accreditation. Directs the Administrator to issue an amendment to air carrier security programs to require a manual process which will increase the number of checked bags that are selected for screening by explosive detection systems. Amends the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century to require the Secretary of Transportation to enter into an agreement with the National Academy of Sciences to conduct a certain airport noise study. Requires the National Academy of Sciences to report the results of such study to the Secretary. Authorizes appropriations. Revises the total number of members of the Federal Aviation Management Advisory Council.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reducing Gun Violence in our
Neighborhoods Act of 2015''.

SEC. 2. TAX ON FIREARMS.

    (a) In General.--Section 4181 of the Internal Revenue Code of 1986
is amended--
            (1) by striking ``There is hereby'' and inserting the
        following:
    ``(a) In General.--There is hereby'', and
            (2) by adding at the end the following new subsection:
    ``(b) Additional Tax on Firearms.--In addition to the tax imposed
by subsection (a), there is hereby imposed upon the sale by the
manufacturer, producer, or importer of any firearm a tax in the amount
of $100.''.
    (b) Exemption for Firearms Acquired for Law Enforcement.--Section
4182 of such Code is amended by redesignating subsection (d) as
subsection (e) and by inserting after subsection (c) the following new
subsection:
    ``(d) Exemption From Additional Tax for Firearms Acquired for Law
Enforcement.--The tax imposed by section 4181(b) shall not apply to any
firearm which is purchased by the United States or by a State or local
government for police or other law enforcement purposes.''.
    (c) Effective Date.--The amendments made by this section shall
apply to sales in calendar months beginning after the date of the
enactment of this Act.

SEC. 3. ESTABLISHMENT OF GUN VIOLENCE REDUCTION AND MENTAL HEALTH
              COUNSELING TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:

``SEC. 9512. GUN VIOLENCE REDUCTION AND MENTAL HEALTH COUNSELING TRUST
              FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Gun Violence
Reduction and Mental Health Counseling Trust Fund', consisting of such
amounts as may be appropriated or credited to such fund as provided in
this section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Gun Violence Reduction and Mental Health Counseling Trust Fund
amounts equivalent to taxes received in the Treasury under section
4181(b).
    ``(c) Expenditures.--Amounts in the Gun Violence Reduction and
Mental Health Counseling Trust Fund shall be available, without need of
further appropriation and without regard to any fiscal year limitation,
as follows:
            ``(1) 50 percent of such amounts for making expenditures to
        carry out, with respect to block grants for community mental
        health services, subparts I and III of part B of title XIX of
        the Public Health Service Act (42 U.S.C. 300x et seq.), and
            ``(2) 50 percent of such amounts for making expenditures to
        carry out subpart 1 of part E of the Omnibus Crime Control and
        Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.).
Amounts made available under this subsection shall supplement and not
supplant amounts otherwise made available to carry out the provisions
referred to this subsection.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following
new item:

``Sec. 9512. Gun Violence Reduction and Mental Health Counseling Trust
                            Fund.''.

SEC. 4. PASSIVE CAPABILITY TO IDENTIFY LOST AND STOLEN FIREARMS.

    (a) Establishment of National Standard.--
            (1) In general.--The Attorney General shall, in
        consultation with the National Institute for Standards and
        Technology, establish in regulations a national standard for
        the incorporation of a passive identification capability into
        all firearms sold in the United States.
            (2) Passive identification capability defined.--In this
        section, the term ``passive identification capability'' means a
        technology that--
                    (A) enables a firearm to be identified by a mobile
                or fixed reading device; and
                    (B) does not emit or broadcast an electronic signal
                or other information that would enable the firearm or
                its owner to be monitored or tracked.
            (3) Considerations.--In developing the standard, the
        Attorney General shall give equal priority to the following:
                    (A) The right of firearm owners to maintain their
                full right to privacy under the 4th Amendment and their
                right to legally own firearms under the 2nd Amendment.
                    (B) The ability of law enforcement authorities to
                use the capability to track lost and stolen guns.
                    (C) The ability of manufacturers to incorporate the
                capability using existing firearm manufacturing
                processes.
                    (D) The resistance to tampering and destruction of
                the technology used to incorporate the capability.
    (b) Prohibition; Penalty.--
            (1) Prohibition.--It shall be unlawful for a person, in or
        affecting interstate or foreign commerce, to manufacture a
        firearm that does not have a passive identification capability
        that meets the national standard established under subsection
        (a).
            (2) Civil penalty.--After notice and opportunity for
        hearing, the Attorney General shall impose on a person who
        violates paragraph (1) a civil money penalty in such amount,
        not exceeding $1,000 per firearm, as the Attorney General shall
        prescribe in regulations.
            (3) Effective date.--This subsection shall take effect on
        such date as the Attorney General shall prescribe in
        regulations that is not later than 3 years after the
        establishment of the national standard under subsection (a).

SEC. 5. REPORTING OF LOST AND STOLEN FIREARMS.

    (a) In General.--Within 1 year after the date of the enactment of
this Act, the Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives shall establish a database of firearms reported to be lost
or stolen in the United States, which shall be known as the ``National
Database of Lost and Stolen Firearms''.
    (b) Contents.--The database shall include the following information
with respect to each firearm reported to the database:
            (1) A description of the firearm, including the type of the
        firearm.
            (2) Whether the firearm is reported lost or stolen.
            (3) The date of the report.
            (4) The name of the owner of the firearm, if known.
            (5) The name and location of the person from whom the
        firearm was obtained, if known.
            (6) The location where the firearm is reported to have been
        lost or stolen.
            (7) Whether the firearm has been reported to the database
        as having been recovered, since being reported to the database
        as lost or stolen.
    (c) Availability of Database.--The information in the database
shall be made available to all Federal, State, and local law
enforcement authorities.
    (d) Reporting of Lost or Stolen Firearms to Local Law Enforcement
Authorities.--
            (1) Reporting requirement.--Section 922 of title 18, United
        States Code, is amended by adding at the end the following:
    ``(aa) Within 48 hours after a person who owns a firearm that has
been shipped or transported in interstate or foreign commerce discovers
the theft or loss of the firearm, the person shall report the theft or
loss to local law enforcement authorities.''.
            (2) Penalty.--Section 924 of such title is amended by
        adding at the end the following:
    ``(q) Penalty for Failure To Report Loss or Theft of Firearm.--
Whoever violates section 922(aa) shall be fined $10,000 with respect to
each firearm involved in the violation.''.
    (e) Requirement That Local Law Enforcement Authorities Report Lost
or Stolen Firearms to the National Registry.--Within 7 days after a
local law enforcement authority receives a report that a firearm is
lost or stolen, the authority shall transmit the report to the National
Database of Lost and Stolen Firearms.

Summary: Reducing Gun Violence in our Neighborhoods Act of 2015 This bill amends the Internal Revenue Code to impose an additional tax of $100 on the sale of a firearm by a manufacturer, producer, or importer. Firearm purchases by federal, state, and local governments for law enforcement purposes are exempt from the additional tax. The bill establishes the Gun Violence Reduction and Mental Health Counseling Trust Fund at the Department of the Treasury. It transfers revenues from the additional tax into the trust fund to support the Community Mental Health Services Block Grant program and the Edward Byrne Memorial Justice Assistance Grant program. The Department of Justice (DOJ) must establish and newly manufactured firearms must meet a national standard for incorporating passive identification capability into all firearms sold in the United States. Passive identification capability means technology that: (1) enables identification by a mobile or fixed reading device, and (2) does not transmit an electronic monitoring or tracking signal. DOJ's Bureau of Alcohol, Tobacco, Firearms, and Explosives must establish the National Database of Lost and Stolen Firearms. This bill amends the federal criminal code to require a gun owner to report a lost or stolen firearm to local law enforcement authorities within 48 hours of discovery. Local law enforcement authorities must transmit the report to the national database within seven days.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FHA Seller-Financed Downpayment
Reform and Risk-Based Pricing Authorization Act of 2008''.

SEC. 2. FHA SELLER-FINANCED DOWNPAYMENT PROGRAM.

    Paragraph (9) of section 203(b) of the National Housing Act (12
U.S.C. 1709(b)(9)) is amended--
            (1) in subparagraph (C), by striking ``In no case shall the
        funds required by subparagraph (A)'' and inserting the
        following: ``Except in the case of a mortgage described in
        subparagraph (D), the funds required by subparagraph (A) shall
        not''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(D) Exceptions to prohibited sources.--A mortgage
                described in this subparagraph is any of the following
                mortgages:
                            ``(i) A mortgage under which the mortgagor
                        has a credit score equivalent to a FICO score
                        of 680 or greater.
                            ``(ii) A mortgage under which--
                                    ``(I) the mortgagor has a credit
                                score equivalent to a FICO score of at
                                least 620 but less than 680; and
                                    ``(II) mortgage insurance premiums
                                charged are established--
                                            ``(aa) at levels necessary,
                                        but no higher than needed, to
                                        allow such class of loans to be
                                        insured without resulting in a
                                        need for an appropriation for a
                                        credit subsidy, which may
                                        exceed the maximum amount
                                        permitted under section
                                        203(c)(2)(B);
                                            ``(bb) in the case of the
                                        single premium collected at the
                                        time of insurance, in an amount
                                        not exceeding 3.0 percent of
                                        the amount of the original
                                        principal obligation of the
                                        mortgage; and
                                            ``(cc) in the case of the
                                        annual premium for a mortgage
                                        under which the mortgagor has a
                                        credit score equivalent to a
                                        FICO score of at least 640 but
                                        less than 680, in an amount not
                                        exceeding 1.25 percent of the
                                        remaining insured principal
                                        balance (excluding the portion
                                        of the remaining balance
                                        attributable to the premium
                                        collected at the time of
                                        insurance and without taking
                                        into account delinquent
                                        payments or prepayments).
                            ``(iii) For mortgages insured in fiscal
                        year 2010 or thereafter, a mortgage under which
                        the mortgagor has a credit score equivalent to
                        a FICO score of 619 or less, but only if the
                        Secretary certifies that such loans can be
                        insured without resulting in a need for an
                        appropriation for a credit subsidy. For such
                        mortgages, the Secretary may charge premiums at
                        levels authorized under items (bb) and (cc) of
                        clause (ii)(II) and may establish a credit or
                        FICO score limitation or impose such other
                        requirements as are necessary to meet the
                        conditions for certification under this clause.
                    ``(E) Requirements for downpayment assistance
                entities.--Any entity participating in a program that
                provides downpayment assistance for a mortgage
                described in subparagraph (D) pursuant to the exception
                under subparagraph (C), which programs shall include
                programs of governmental agencies and private nonprofit
                organizations, shall, before the closing for the loan
                involved in the mortgage in connection with which such
                assistance is provided--
                            ``(i) offer to make available, to the
                        mortgagor, counseling regarding the
                        responsibilities and financial management
                        involved in homeownership;
                            ``(ii) if such offer is accepted by the
                        mortgagor, make such counseling available for
                        the mortgagor; and
                            ``(iii) in the case of any such entity that
                        is a private nonprofit organization, implement
                        a conflict of interest policy that prohibits
                        directors, officers, employees, and immediate
                        family members from receiving financial
                        benefits from any entity that is providing the
                        program with goods or services other than the
                        homeownership assistance program entity itself
                        or its wholly owned affiliate.
                    ``(F) Civil money penalties for improperly
                influencing appraisals.--The Secretary may impose a
                civil money penalty, in the same manner and to the same
                extent as for a violation under section 536, for
                compensating, instructing, inducing, coercing, or
                intimidating any person who conducts an appraisal of
                the property to be subject to a mortgage described in
                subparagraph (D) and under which any part of the funds
                required by subparagraph (A) are provided to a party
                described in subparagraph (C), or attempting to
                compensate, instruct, induce, coerce, or intimidate
                such a person, for the purpose of causing the appraised
                value assigned to the property under the appraisal to
                be based on any other factor other than the independent
                judgment of such person exercised in accordance with
                applicable professional standards.''.

SEC. 3. LIMITATIONS ON RISK-BASED PRICING.

    Section 203(c) of the National Housing Act (12 U.S.C. 1709(c)) is
amended by adding at the end the following new paragraphs:
            ``(3) Limitations on risk-based pricing.--Except as
        provided in paragraph (4), the Secretary of Housing and Urban
        Development shall not take any action on or after October 1,
        2008, to implement or carry out--
                    ``(A) risk-based premiums, which are designed for
                mortgage lenders to offer borrowers an FHA-insured
                product that provides a range of mortgage insurance
                premium pricing, based on the risk that the insurance
                contract represents, as set forth in the Notice
                published in the Federal Register on May 13, 2008 (Vol.
                73, No. 93, Pages 27703 through 27711) (effective July
                14, 2008); or
                    ``(B) any other risk-based premium product related
                to the insurance of any mortgage on a single family
                residence under this title, where the premium price for
                such new product is based in whole or in part on a
                borrower's Decision Credit Score, as that term is
                defined in the Notice referred to in subparagraph (A),
                or any successor thereto.
            ``(4) Flexible risk-based premiums.--Notwithstanding
        paragraph (3) of this subsection and section 2133 of the FHA
        Modernization Act of 2008 (Public Law 110-289):
                    ``(A) Authority.--In the case only of a mortgage
                under which the mortgagor has a credit score equivalent
                to a FICO score of less than 600, the Secretary may
                establish a mortgage insurance premium structure
                involving a single premium payment collected prior to
                the insurance of the mortgage or annual payments (which
                may be collected on a periodic basis), or both, under
                which the rate of premiums for such a mortgage may vary
                according to the credit risk associated with the
                mortgagor and the rate of any annual premium for such a
                mortgage may vary according to such credit risk during
                the mortgage term as long as the basis for determining
                the variable rate is established before the execution
                of the mortgage. The Secretary may change a premium
                structure established under this subparagraph but only
                to the extent that such change is not applied to any
                mortgage already executed.
                    ``(B) Establishment and alteration of premium
                structure.--A premium structure shall be established or
                changed under subparagraph (A) only by providing notice
                to mortgagees and to the Congress, at least 30 days
                before the premium structure is established or changed.
                    ``(C) Annual report regarding premiums.--The
                Secretary shall submit a report to the Congress
                annually setting forth the rate structures and rates
                established and altered pursuant to this paragraph
                during the preceding 12-month period and describing how
                such rates were determined.
                    ``(D) Considerations for premium structure.--When
                establishing and collecting premiums for mortgages
                insured under a premium structure established under
                this paragraph, the Secretary shall consider the
                following:
                            ``(i) The effect of the proposed premiums
                        or structure on the Secretary's ability to meet
                        the operational goals of the Mutual Mortgage
                        Insurance Fund as provided in section 202(a).
                            ``(ii) Underwriting variables.
                            ``(iii) The extent to which new pricing
                        under the proposed premiums or structure has
                        potential for acceptance in the private market.
                            ``(iv) The administrative capability of the
                        Secretary to administer the proposed premiums
                        or structure.
                            ``(v) The effect of the proposed premiums
                        or structure on the Secretary's ability to
                        maintain the availability of mortgage credit
                        and provide stability to mortgage markets.
                    ``(E) Authority to base premium prices on product
                risk.--
                            ``(i) Authority.--In establishing premium
                        rates under this title, the Secretary may
                        provide for variations in such rates according
                        to the credit risk associated with the type of
                        mortgage product that is being insured under
                        this title, which may include providing that
                        premium rates differ between fixed-rate
                        mortgages and adjustable-rate mortgages insured
                        pursuant to section 251, between mortgages for
                        condominiums and mortgages for other interests
                        in properties, between mortgages having
                        different ratios of the principal obligation
                        under the mortgage to the appraised value of
                        the property, and between such other products
                        as the Secretary considers appropriate.
                    ``(F) Payment incentives.--
                            ``(i) Authority.--With respect to mortgages
                        for which insured the Secretary is authorized
                        to establish a premium structure under this
                        paragraph, the Secretary shall provide that the
                        payment incentive under subparagraph (ii)
                        applies upon the expiration of the 5-year
                        period beginning upon the time of insurance of
                        such a mortgage, and the Secretary may provide
                        that the payment incentive under clause (ii)
                        applies upon the expiration of the 3-year
                        period beginning upon the time of insurance of
                        such a mortgage. The Secretary may limit such
                        discretionary authority to mortgages prepaid or
                        paid in full during the 2-year period beginning
                        3 years after the time of insurance of such a
                        mortgage.
                            ``(ii) Payment incentive.--In the case of
                        any mortgage to which the payment incentive
                        under this subparagraph applies, if, during the
                        period referred to in clause (i), all mortgage
                        payments, including insurance premiums, for
                        such mortgage have been paid on a timely basis,
                        upon the expiration of such period the
                        Secretary shall refund to the mortgagor, upon
                        payment in full of the obligation of the
                        mortgage, all or a portion of--
                                    ``(I) the amount by which the
                                single premium payment for such
                                mortgage collected at the time of
                                insurance exceeded the amount of the
                                single premium payment chargeable under
                                paragraph (2) at the time of insurance
                                for a mortgage of the same product type
                                having the same terms, but for which
                                the mortgagor has a credit score
                                equivalent to a FICO score of 600 or
                                more; and
                                    ``(II) in the case only of
                                mortgages for which annual premiums are
                                established and collected under
                                subparagraph (G), the amount by which
                                the cumulative amount of annual
                                premiums paid exceeded the amount of
                                the maximum annual premium that
                                otherwise may be established and
                                collected notwithstanding such
                                subparagraph.
                    ``(G) Option for higher annual premium in lieu of
                higher up-front premium.--In the case only of mortgages
                for which the Secretary is authorized to establish a
                premium structure under this paragraph, notwithstanding
                paragraph (2)(B) of this subsection, the Secretary may
                establish and collect, for a period not exceeding the
                first 5 years of the term of the mortgage, annual
                premium payments in an amount not exceeding 0.75
                percent of the remaining insured principal balance of
                the mortgage (excluding the portion of the remaining
                balance attributable to the premium collected under
                paragraph (2)(A) and without taking into account
                delinquent payments or prepayments), except that--
                            ``(i) the Secretary may utilize such
                        authority only for such classes of mortgagors
                        that the Secretary determines would otherwise
                        be subject to a single premium payment
                        collected at the time of insurance exceeding
                        2.25 percent of the amount of the original
                        insured principal obligation of the mortgage;
                        and
                            ``(ii) for such mortgages, the Secretary
                        may not establish or collect a single premium
                        payment collected at the time of insurance
                        exceeding 2.25 percent of such original insured
                        principal obligation.''.

Summary: FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008 - Amends the National Housing Act to make exceptions to the prohibition against mortgage insurance for mortgages involving a downpayment using funds furnished by: (1) the seller or any party that benefits financially from the transaction. Or (2) any third party that is reimbursed by the seller or any such party. Makes eligible for mortgage insurance, in spite of a seller-financed downpayment, any mortagors with credit scores equivalent to a FICO score of: (1) 680 or more, (2) at least 620 but less than 680. Or (3) 619 or less. Prescribes conditions for mortgage insurance in the latter two situations. Requires entities participating in a governmental or private nonprofit program that provides downpayment assistance for such a mortgage to offer and make available, before loan closing, counseling about the responsibilities and financial management involved in homeownership. Authorizes the Secretary of Housing and Urban Development to impose civil money penalties for improperly influencing appraisals. Prohibits the Secretary from implementing: (1) risk-based premiums designed for mortgage lenders to offer a Federal Housing Administration (FHA)-insured product that provides a range of mortgage insurance premium pricing based upon a specified risk that the insurance contract represents. Or (2) any other risk-based premium product for mortgage insurance on a single family residence where the premium price for such new product is based upon the borrower's Decision Credit Score. Makes an exception from such prohibition for flexible risk-based premiums. Authorizes the Secretary to establish, for a mortgagor whose FICO credit score is under 600, a mortgage insurance premium structure with a variable rate that reflects the mortgagor's credit risk, if the basis for determining such rate is established before the mortgage is executed. Requires notice to mortgagees and to Congress before such a premium structure is established or changed. Requires the Secretary to consider specified factors when premiums are established and collected under a flexible risk-based premium structure. Authorizes the Secretary to provide for variations in such rates according to the credit risk associated with the type of mortgage product that is being insured. Requires the Secretary to make payment incentives to a mortgagor, in the form of certain refunds, upon payment in full of timely mortgage payments. Authorizes the Secretary, for mortgages with a flexible risk-based premium, to establish a higher annual premium in lieu of a higher up-front premium.

To revise the requirements for seller-financed downpayments for mortgages for single-family housing insured by the Secretary of Housing and Urban Development under title II of the National Housing Act and to authorize risk-based insurance premiums for certain mortgagors under such mortgages.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bridge Ice and Snow Prevention Pilot
Program Act of 2009''.

SEC. 2. PILOT PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish
and implement a pilot program to evaluate the effectiveness and
efficiency of the use of technologies to prevent ice, snow, and other
adverse weather effects associated with freezing temperatures on
bridges on the National Highway System.
    (b) Grant.--
            (1) In general.--The Secretary may make grants to not more
        than 5 States to conduct projects under the pilot program.
            (2) Applications.--A State seeking a grant under the pilot
        program shall submit an application to the Secretary in such
        form, and containing such information, as the Secretary may
        require.
    (c) Eligibility.--
            (1) Selection of highway bridges.--
                    (A) In general.--In awarding grants under the pilot
                program, the Secretary shall select not more than 20
                highway bridges for participation in the program.
                    (B) Bridge requirements.--The Secretary may select
                a highway bridge under subparagraph (A) only if the
                bridge is--
                            (i) not greater than 500 feet in length;
                        and
                            (ii) on the National Highway System.
            (2) Selection of technologies.--The Secretary shall select
        technologies to be tested under the pilot program that are
        likely to improve bridge safety, extend the life of a bridge,
        and promote energy efficiency.
    (d) Federal Share.--The Federal share payable on account of a
project carried out under the pilot program shall not exceed 80 percent
of the cost of the project.
    (e) Duration of Pilot Program.--The Secretary shall carry out the
pilot program for a period of no more than 5 fiscal years.
    (f) Final Report.--
            (1) In general.--Not later than 6 months after the last day
        of the pilot program, the Secretary shall submit to the
        Committee on Transportation and Infrastructure of the House of
        Representatives and the Committee on Environment and Public
        Works of the Senate a report that describes the effectiveness
        and benefits of the technologies tested under the pilot
        program.
            (2) Contents.--The report shall describe, at a minimum, the
        following:
                    (A) The cost effectiveness of each technology used.
                    (B) The safety impacts of each technology tested
                and of the pilot program as a whole.
                    (C) Any change in the expected life span of each
                bridge participating in the pilot program due to the
                technologies used.
                    (D) The net effect of the pilot program on job
                creation or job loss.
                    (E) Recommendations for--
                            (i) an improved or expanded program, if
                        appropriate; and
                            (ii) the use of advanced bridge technology
                        to prevent ice, snow, and other adverse weather
                        effects associated with freezing temperatures
                        on bridges on the National Highway System.
    (g) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) $5,000,000 for fiscal year 2011.
    (h) Availability of Amounts.--
            (1) In general.--Amounts made available to carry out this
        section shall be available for obligation in the same manner as
        funds apportioned under chapter 1 of title 23, United States
        Code, except that the Federal share payable on account of a
        project carried out under the pilot program shall be determined
        in accordance with this section and such funds shall not be
        transferable and shall remain available for the duration of the
        pilot program.
            (2) Limitation.--A State may not receive a total of more
        than $2,000,000 in grants under the pilot program.
            (3) Prohibition of earmarks.--None of the funds
        appropriated to carry out this section may be used for a
        congressional earmark, as defined in clause 9(e) of Rule XXI of
        the Rules of the House of Representatives of the 111th
        Congress.
    (i) Report to Congress Relating to Competitive Procedures.--If
grants are awarded under this section using procedures other than
competitive procedures, the Secretary shall submit to Congress a report
explaining why competitive procedures were not used.

SEC. 3. DEFINITION.

    In this Act, the term ``State'' has the meaning given that term in
section 101(a) of title 23, United States Code.

Summary: Bridge Ice and Snow Prevention Pilot Program Act of 2009 - Directs the Secretary of Transportation to establish a pilot program authorizing grants to up to five states to conduct projects to evaluate the effectiveness of technologies to prevent ice, snow, and other adverse weather effects associated with freezing temperatures on National Highway System bridges.

To direct the Secretary of Transportation to establish a pilot program for evaluating technologies that are likely to prevent adverse weather effects associated with freezing temperatures on bridges, improve bridge safety, extend the life of bridges, and promote energy efficiency on bridges on the National Highway System.


SECTION 1. EXCISE TAX ON IMPORTED CRUDE OIL AND REFINED PETROLEUM
              PRODUCTS.

    (a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:

    ``CHAPTER 55--IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS

                              ``Sec. 5885. Imposition of tax.
                              ``Sec. 5886. Average international price.
                              ``Sec. 5887. Definitions and special
                                        rules.
                              ``Sec. 5888. Registration.

``SEC. 5885. IMPOSITION OF TAX.

    ``(a) General Rule.--If the average international price of crude
oil for any 4-week period is less than $24, then there is hereby
imposed an excise tax on any petroleum product entered into the United
States for use, consumption, or warehousing during the week following
such 4-week period.
    ``(b) Amount of Tax.--
            ``(1) In general.--The amount of tax imposed by subsection
        (a) with respect to any barrel shall be equal to the excess
        of--
                    ``(A) $24, over
                    ``(B) the average international price of crude oil
                for the preceding 4-week period.
            ``(2) Fractional part of barrel.--In the case of a fraction
        of a barrel, the tax imposed by subsection (a) shall be the
        same fraction of the amount of such tax imposed on a whole
        barrel.
    ``(c) Time Tax Is Imposed.--
            ``(1) In general.--The tax imposed by subsection (a) shall
        be on the first sale within the United States of the petroleum
        product.
            ``(2) Tax on certain uses.--If--
                    ``(A) any petroleum product entered into the United
                States is used within the United States, and
                    ``(B) before such use, no tax was imposed under
                subsection (a),
        then the tax imposed by subsection (a) shall be on such use.
    ``(d) Liability for Payment of Tax.--
            ``(1) Sales.--The tax imposed on the first sale described
        in subsection (c)(1) shall be paid by the seller thereof.
            ``(2) Use.--The tax imposed on any use described in
        subsection (c)(2) shall be paid by the person using the
        petroleum product.

``SEC. 5886. AVERAGE INTERNATIONAL PRICE.

    ``(a) In General.--For purposes of this subchapter, the average
international price of crude oil for any 4-week period shall be the
average of the weighted average price per barrel of crude oil for each
week in such period, as estimated and published in the Weekly Petroleum
Status Report prepared by the Secretary of Energy or his delegate.
    ``(b) Publication.--The Secretary shall publish for each week the
average international price determined under subsection (a) for the
preceding 4-week period.

``SEC. 5887. DEFINITIONS AND SPECIAL RULES.

    ``(a) Definitions.--For purposes of this chapter--
            ``(1) Crude oil.--The term `crude oil' includes crude oil
        condensates and natural gasoline but does not include domestic
        crude oil (within the meaning of section 4612(a)(2)).
            ``(2) Barrel.--The term `barrel' means 42 United States
        gallons.
            ``(3) Export.--The term `export' includes shipment to a
        possession of the United States.
            ``(4) Petroleum product.--The term `petroleum product'
        includes--
                    ``(A) crude oil, and
                    ``(B) refined oil, fuels, and chemical feedstocks
                which are refined or derived from crude oil.
    ``(b) Tax-Free Exports.--
            ``(1) In general.--Under regulations prescribed by the
        Secretary, no tax shall be imposed under this chapter on the
        sale of any petroleum product for export or for resale by the
        purchaser to a second purchaser for export.
            ``(2) Proof of export.--Where any petroleum product has
        been sold free of tax under paragraph (1), such paragraph shall
        cease to apply with respect to the sale of such petroleum
        product unless, within the 6-month period which begins on the
        date of the sale, the seller receives proof that the petroleum
        product has been exported.

``SEC. 5888. REGISTRATION.

    ``Every person subject to tax under section 5885 shall register
with the Secretary at such time and in such manner as the Secretary may
prescribe.''
    (b) Conforming Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end thereof the following new
item:

                              ``Chapter 55. Imported crude oil and
                                        refined petroleum products.''
    (c) Deductibility of Imported Crude Oil Tax.--The first sentence of
section 164(a) of such Code (relating to deductions for taxes) is
amended by inserting after paragraph (5) the following new paragraph:
            ``(6) The tax on imported petroleum products imposed by
        section 5885.''
    (d) Effective Date.--The amendments made by this section shall
apply with respect to sales of imported crude oil and imported refined
petroleum products in calendar quarters beginning more than 30 days
after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to establish a fee on crude oil and refined petroleum products imported into the United States, other than oil or products purchased for export. Imposes the fee during any week following a four-week period when the average international price of crude oil has been less than $24 per barrel. Bases the fee on the difference between $24 per barrel and the average international price of a barrel of crude oil.

To amend the Internal Revenue Code of 1986 to impose a tax on the importation of crude oil and refined petroleum products.


SECTION 1. EXTERNAL REGULATION OF DEPARTMENT.

    (a) Elimination of Department Authority.--Effective 2 years after
the date of enactment of this Act, the Department shall have no
regulatory or enforcement authority with respect to nuclear safety and
occupational safety and health responsibilities assumed by the Nuclear
Regulatory Commission under subsection (b) or by the Occupational
Safety and Health Administration under subsection (c) at any
nonmilitary energy laboratory owned or operated by the Department.
    (b) Nuclear Regulatory Commission Authority.--
            (1) Nuclear safety regulatory and enforcement
        responsibilities.--Effective 2 years after the date of
        enactment of this Act, the Nuclear Regulatory Commission shall
        assume the nuclear safety regulatory and enforcement
        responsibilities of the Department under the Atomic Energy Act
        of 1954 with regard to nonmilitary energy laboratories owned or
        operated by the Department.
            (2) Licensed entities.--For the purposes of carrying out at
        nonmilitary energy laboratories owned or operated by the
        Department regulatory and enforcement responsibilities
        described in paragraph (1), the Nuclear Regulatory Commission
        may regulate, through licensing, certification, or other
        appropriate means, the Department's contractors.
            (3) Decommissioning.--A contractor operating a nonmilitary
        energy laboratory owned by the Department shall not be
        responsible for the costs of decommissioning that facility. No
        enforcement action may be taken against such contractor for any
        violation of Nuclear Regulatory Commission decommissioning
        requirements, if such violation is the result of a failure of
        the Department to authorize or fund decommissioning activities.
        The Nuclear Regulatory Commission and the Department shall, not
        later than 1 year after the date of enactment of this Act,
        enter into a memorandum of understanding establishing
        decommissioning procedures and requirements for nonmilitary
        energy laboratories owned or operated by the Department.
            (4) Accelerators.--Notwithstanding the provisions of the
        Atomic Energy Act of 1954 (42 U.S.C. 2011 et. seq.), effective
        2 years after the date of enactment of this Act, the Nuclear
        Regulatory Commission shall have exclusive regulatory authority
        over accelerators, other electronic sources of radiation not
        assigned to the Commission as of the date of enactment of this
        Act, accelerator-produced radioisotopes, and naturally
        occurring radioactive materials at nonmilitary energy
        laboratories, consistent with the authorities granted the
        Nuclear Regulatory Commission in the Atomic Energy Act of 1954.
        Until such time as the Commission has completed a rulemaking
        for the foregoing equipment and radioisotopes, nonmilitary
        energy laboratories shall be required to meet the requirements
        stipulated in a license for the facility.
            (5) Administration.--The responsibilities assumed by the
        Nuclear Regulatory Commission under this subsection shall be
        administered by the Nuclear Regulatory Commission, not by
        States.
            (6) Judicial review.--Section 189 b. of the Atomic Energy
        Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the
        following paragraph after paragraph (4):
            ``(5) Any final order or regulation of the Commission
        establishing standards to govern nonmilitary energy
        laboratories owned or operated by the Department of Energy that
        is issued to implement the Commission's responsibilities under
        the Act which enacted this paragraph, and any final
        determination of the Commission relating to whether a
        nonmilitary energy laboratory owned or operated by the
        Department is in compliance with such standards and all
        applicable Commission regulations or orders.''.
            (7) Employee protection.--Any Department contractor
        operating a nonmilitary energy laboratory that is regulated by
        the Nuclear Regulatory Commission under this section shall be
        subject to section 211 of the Energy Reorganization Act of 1974
        (42 U.S.C. 5851) to the same extent as any other employer
        subject to such section 211.
            (8) Conflict of interest.--Section 170A of the Atomic
        Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts,
        agreements, or other arrangements of the Nuclear Regulatory
        Commission proposed or entered into pursuant to its
        responsibilities assumed under this subsection.
    (c) Occupational Safety and Health.--
            (1) OSHA jurisdiction.--Notwithstanding section 4(b)(1) of
        the Occupational Safety and Health Act of 1970 (29 U.S.C.
        653(b)(1)), effective 2 years after the date of enactment of
        this Act, the Occupational Safety and Health Administration
        shall assume the exclusive regulatory and enforcement
        responsibilities of the Department relating to matters covered
        by the Occupational Safety and Health Act of 1970 with regard
        to all nonmilitary energy laboratories owned or operated by the
        Department, except as provided in paragraph (2). The
        responsibilities assumed by the Occupational Safety and Health
        Administration under this subsection shall be administered by
        the Occupational Safety and Health Administration, not by
        States. Any Department contractor operating such a laboratory
        shall, with respect to matters relating to occupational safety
        and health, be considered to be an employer for purposes of the
        Occupational Safety and Health Act of 1970.
            (2) Regulation of hazards containing radiological and non-
        radiological component.--If a hazard at a nonmilitary energy
        laboratory owned or operated by the Department presents a risk
        of occupational exposure and contains both a radiological and
        non-radiological component, the Occupational Safety and Health
        Administration and the Nuclear Regulatory Commission shall,
        effective 2 years after the date of enactment of this Act,
        share regulatory and enforcement responsibilities with respect
        to the hazard in accordance with the memorandum of
        understanding entered into pursuant to subsection (d).
    (d) Memorandum of Understanding.--The Nuclear Regulatory Commission
and the Occupational Safety and Health Administration shall, not later
than 1 year after the date of enactment of this Act, enter into and
transmit to the Congress a memorandum of understanding to govern the
exercise of their respective authorities over nuclear safety and
occupational safety and health at nonmilitary energy laboratories owned
or operated by the Department.
    (e) Civil Penalties.--The Department's contractor operating a
nonmilitary energy laboratory owned or operated by the Department shall
not be liable for civil penalties under the Atomic Energy Act of 1954
or the Occupational Safety and Health Act of 1970 for any actions taken
before the date of transfer of regulatory authority under this section,
pursuant to the instructions of a Federal agency in preparation for the
transfer of regulatory and enforcement responsibilities required by
this section.
    (f) Indemnification.--The Secretary shall continue to indemnify
nonmilitary energy laboratories owned or operated by the Department in
accordance with the provisions of section 170 d. of the Atomic Energy
Act of 1954.
    (g) Department Reporting Requirement.--Not later than 18 months
after the date of enactment of this Act, the Secretary shall transmit
to the Congress a plan for the termination of the Department's
regulatory and enforcement responsibilities for nonmilitary energy
laboratories owned or operated by the Department required by this
section. The report shall include--
            (1) a detailed transition plan, drafted in coordination
        with the Nuclear Regulatory Commission and the Occupational
        Safety and Health Administration, giving the schedule for
        termination of self-regulation authority as outlined in
        subsection (a), including the activities to be coordinated with
        the Nuclear Regulatory Commission and the Occupational Safety
        and Health Administration;
            (2) a description of any issues remaining to be resolved
        with the Nuclear Regulatory Commission, the Occupational Safety
        and Health Administration, or other external regulators, and a
        timetable for resolving such issues by the authority transfer
        date established under this section; and
            (3) an estimate of--
                    (A) the annual cost of administering and
                implementing self-regulation of the nuclear safety and
                occupational safety and health responsibilities
                described in subsections (b) and (c) at nonmilitary
                energy laboratories owned or operated by the
                Department;
                    (B) the number of Federal and contractor employees
                administering and implementing such self-regulation;
                and
                    (C) the extent and schedule by which the Department
                and the staffs at its nonmilitary energy laboratories
                will be reduced as a result of implementation of this
                section.
    (h) General Accounting Office Reporting Requirement.--The
Comptroller General of the United States shall periodically report to
the Congress on the progress made in implementing this section. The
Comptroller General shall provide a report not later than 20 months
after the date of enactment of this Act on the Department's transition
plan, and not later than 26 months after the date of enactment of this
Act on the implementation of Nuclear Regulatory Commission and
Occupational Safety and Health Administration regulations in the
nonmilitary energy laboratories.
    (i) Definitions.--For purposes of this section--
            (1) the term ``Department'' means the Department of Energy;
            (2) the term ``nonmilitary energy laboratory'' means--
                    (A) Ames Laboratory;
                    (B) Argonne National Laboratory;
                    (C) Brookhaven National Laboratory;
                    (D) Fermi National Accelerator Laboratory;
                    (E) Lawrence Berkeley National Laboratory;
                    (F) Oak Ridge National Laboratory;
                    (G) Pacific Northwest National Laboratory;
                    (H) Princeton Plasma Physics Laboratory;
                    (I) Stanford Linear Accelerator Center; or
                    (J) Thomas Jefferson National Accelerator Facility;
                and
            (3) the term ``Secretary'' means the Secretary of Energy.

Summary: Directs the Nuclear Regulatory Commission (NRC) and the Occupational Safety and Health Administration (OSHA), respectively, to assume specified responsibilities for nuclear safety and for occupational safety and health at nonmilitary energy laboratories owned or operated by the Department of Energy (DOE). Eliminates DOE's regulatory and enforcement authority with respect to such responsibilities assumed by NRC and OSHA. Makes such transfers of authority effective two years after enactment of this Act.

To provide for the external regulation of nuclear safety and occupational safety and health responsibilities at any nonmilitary energy laboratory owned or operated by the Department of Energy.