SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Access for Small
Businesses Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) For most of the past 16 years, the number of Americans
        without health insurance has been on the rise, reaching more
        than 41,000,000 in 2002.
            (2) People without health insurance are less likely to get
        preventive care and often delay or forgo needed care. They are
        therefore more likely than those with health insurance to be
        hospitalized for conditions that could have been avoided.
            (3) Not only are the health and financial circumstances of
        uninsured Americans adversely affected by the lack of health
        insurance, their care is ultimately being paid for in the least
        efficient manner: after they get sick.
            (4) People who were uninsured during any part of 2001
        received $99,000,000,000 in care, of which $34,500,000,000 was
        not paid for either out of pocket or by a private or public
        insurance source. Federal, State, and local governments covered
        85 percent of such uncompensated care, amounting to
        $30,000,000,000.
            (5) Private health insurance enrollees also help pay for
        uncompensated care through higher premiums.
            (6) Covering more Americans will not only contribute to
        better overall health, it will lower the amount of health care
        costs assumed by taxpayers, businesses, and consumers.
            (7) Helping small businesses gain access to affordable
        health care benefits is essential to insuring more Americans.
            (8) Eighty-two percent of uninsured people are part of
        working families.
            (9) More than \1/2\ of small businesses with less than 50
        employees do not offer their employees health insurance.
            (10) Innovative community-based solutions have developed
        and should serve as a model for insuring more Americans.

SEC. 3. THREE-SHARE PROGRAMS.

    The Social Security Act (42 U.S.C. 301 et seq.) is amended by
adding at the end the following:

               ``TITLE XXII--PROVIDING FOR THE UNINSURED

``SEC. 2201. THREE-SHARE PROGRAMS.

    ``(a) Certification.--
            ``(1) In general.--The Secretary, acting through the
        Administrator, shall promulgate regulations for the
        certification of three-share programs for purposes of section
        36 of the Internal Revenue Code.
            ``(2) Three-share program requirements.--
                    ``(A) In general.--The Administrator shall require,
                for purposes of a certification under regulations under
                paragraph (1) that each three-share program shall--
                            ``(i) be either a non-profit or local
                        governmental entity;
                            ``(ii) define a region in which such
                        program will provide services;
                            ``(iii) have the capacity to carry out
                        administrative functions of managing health
                        plans, including monthly billings,
                        verification/enrollment of eligible employers
                        and employees, maintenance of membership
                        rosters, development of member materials (such
                        as handbooks and identification cards),
                        customer service, and claims processing; and
                            ``(iv) have community involvement, as
                        determined by the Administrator.
                    ``(B) Payment.--To obtain the certification
                described in paragraph (1), a three-share program shall
                pay the costs of services provided under subparagraph
                (A)(ii) by charging a monthly premium for each covered
                individual to be divided as follows:
                            ``(i) Not more than thirty percent of such
                        fee shall be paid by a qualified employee
                        desiring coverage under the three-share
                        program.
                            ``(ii) At least seventy percent of such fee
                        shall be paid by the qualified employer of such
                        a qualified employee.
            ``(3) Coverage.--
                    ``(A) In general.--To obtain the certification
                described in paragraph (1) a 3-share program shall
                provide at least the following benefits:
                            ``(i) Physicians services.
                            ``(ii) In-patient hospital services.
                            ``(iii) Out-patient services.
                            ``(iv) Emergency room visits.
                            ``(v) Emergency ambulance services.
                            ``(vi) Diagnostic lab fees and x-rays.
                            ``(vii) Prescription drug benefits.
                    ``(B) Limitation.--Nothing in subparagraph (A)
                shall be construed to require that a three-share
                program provide coverage for services performed outside
                the region described in paragraph (2)(A)(i).
                    ``(C) Preexisting conditions.--A program described
                in subparagraph (A) shall not be eligible for
                certification under paragraph (1) if any individual can
                be excluded from coverage under such program because of
                a preexisting health condition.
    ``(b) Startup Grants for Three-Share Programs.--
            ``(1) Establishment.--The Administrator may award startup
        grants to eligible entities to establish three-share programs
        for certification under subsection (a).
            ``(2) Three-share program plan.--Each entity desiring a
        grant under this subsection shall develop a plan for the
        establishment and operation of a three-share program that meets
        the requirements of paragraphs (2) and (3) of subsection (a).
            ``(3) Application.--Each entity desiring a grant under this
        subsection shall submit an application to the Administrator at
        such time, in such manner and containing such information as
        the Administrator may require, including--
                    ``(A) the three-share program plan described in
                paragraph (2); and
                    ``(B) an assurance that the eligible entity will--
                            ``(i) determine a benefit package;
                            ``(ii) recruit businesses and employees for
                        the three-share program;
                            ``(iii) build and manage a network of
                        health providers or contract with an existing
                        network or licensed insurance provider; and
                            ``(iv) manage all administrative needs.
            ``(4) Number of grants.--An eligible entity may receive
        only 1 grant under this subsection for each three-share program
        and may not receive a grant for such program under both this
        subsection and subsection (c).
    ``(c) Grants for Existing Three-Share Programs To Meet
Certification Requirements.--
            ``(1) In general.--The Administrator may award grants to
        three-share programs that are operating on the date of
        enactment of this section, to assist such programs in meeting
        the certification requirements of subsection (a).
            ``(2) Number of grants.--An eligible entity may receive
        only 1 grant under this subsection for a three-share program
        and may not receive a grant for such program under both this
        subsection and subsection (b).
            ``(3) Application.--Each eligible entity desiring a grant
        under this subsection shall submit an application to the
        Administrator at such time, in such manner, and containing such
        information as the Administrator may require.
    ``(d) Risk Pool Grants.--
            ``(1) In general.--The Administrator may award grants to
        eligible entities administering certified three-share programs
        to enhance the risk pools of such programs.
            ``(2) Number of grants.--An eligible entity administering a
        three-share program described in paragraph (1) may receive only
        1 grant under this subsection for such three-share program.
            ``(3) Application.--Each eligible entity desiring a grant
        under this subsection shall submit an application to the
        Administrator at such time, in such manner, and containing such
        information as the Administrator may require.
    ``(e) Application of State Laws.--Nothing in this Act shall be
construed to preempt State law.
    ``(f) Distressed Business Formula.--
            ``(1) In general.--Not later than 60 days after the date of
        enactment of this section, the Administrator of the Health
        Resources and Services Administration shall develop a formula
        to determine which businesses qualify as distressed businesses
        for purposes of this Act.
            ``(2) Effect on insurance market.--Granting eligibility to
        a distressed business using the formula under paragraph (1)
        shall not interfere with the insurance market. Any business
        found to have reduced benefits to qualify as a distressed
        business under the formula under paragraph (1) shall not be
        eligible for any three-share program certified pursuant to this
        section.
    ``(g) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the Health Resources and Services
        Administration.
            ``(2) Covered individual.--The term `covered individual'
        means--
                    ``(A) a qualified employee; or
                    ``(B) a child under the age of 23 or a spouse of
                such qualified employee who--
                            ``(i) lacks access to health care coverage
                        through their employment or employer;
                            ``(ii) lacks access to health coverage
                        through a family member;
                            ``(iii) is not eligible for coverage under
                        the medicare program under title XVIII or the
                        medicaid program under title XIX; and
                            ``(iv) does not qualify for benefits under
                        the State Children's Health Insurance Program
                        under title XXI.
            ``(3) Distressed business.--The term `distressed business'
        means a business that--
                    ``(A) in light of economic hardship and rising
                health care premiums may be forced to discontinue or
                scale back its health care coverage; and
                    ``(B) qualifies as a distressed business according
                to the formula under subsection (f).
            ``(4) Eligible entity.--The term `eligible entity' means an
        entity that meets the requirements of subsection (a)(2)(A).
            ``(5) Full time.--The term `full time', for purposes of
        employment, means regularly working at least 35 hours per week.
            ``(6) Qualified employee.--The term `qualified employee'
        means any individual employed by a qualified employer who meets
        certain criteria including--
                    ``(A) working full time;
                    ``(B) lacking access to health coverage through a
                family member or common law partner;
                    ``(C) not being eligible for coverage under the
                medicare program under title XVIII or the medicaid
                program under title XIX; and
                    ``(D) agreeing that the share of fees described in
                subsection (a)(2)(B)(i) shall be paid in the form of
                payroll deductions from the wages of such individual.
            ``(7) Qualified employer.--The term `qualified employer'
        means an employer as defined in section 3(d) of the Fair Labor
        Standards Act of 1938 (29 U.S.C. 203(d)) who--
                    ``(A) is a small business concern as defined in
                section 3(a) of the Small Business Act (15 U.S.C. 632);
                    ``(B) is located in the region described in
                subsection (a)(2)(A)(i); and
                    ``(C) has not contributed to the health care
                benefits of its employees for at least 12 months
                consecutively or currently provides insurance but is
                classified as a distressed business.
    ``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2004
and such sums as may be necessary for each subsequent fiscal year.''.

SEC. 4. REFUNDABLE CREDIT FOR PORTION OF EMPLOYER COSTS OF THREE-SHARE
              PROGRAM.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and inserting
after section 35 the following new section:

``SEC. 36. EMPLOYER COSTS OF THREE-SHARE PROGRAM.

    ``(a) In General.--In the case of an eligible employer, there shall
be allowed as a credit against the tax imposed by this subtitle an
amount equal to 40 percent of the costs of a three-share program
resulting from the participation of the taxpayer in such program during
the taxable year.
    ``(b) Eligible Employer.--For purposes of this section, the term
`eligible employer' means any employer which pays or incurs at least 70
percent of the costs of a three-share program resulting from the
participation of the taxpayer in such program during the taxable year.
    ``(c) Three-Share Program.--For purposes of this section, the term
`three-share program' means an employee health care coverage program
approved for participation by an eligible employer pursuant to title
XXII of the Social Security Act.
    ``(d) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to costs
of a three-share program taken into account under subsection (a).
    ``(e) Advanced Refundability.--The Secretary shall provide for the
advanced refundability of the credit allowed under this section to be
made in quarterly payments to taxpayers providing such information as
the Secretary requires in order to make a proper determination of such
payments.
    ``(f) Regulations.--The Secretary may prescribe such regulations
and other guidance as may be necessary or appropriate to carry out this
section.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``, or
        from section 36 of such Code''.
            (2) The table of sections for subpart C of part IV of
        chapter 1 of the Internal Revenue Code of 1986 is amended by
        striking the last item and inserting the following new items:

                              ``Sec. 36. Employer costs of three-share
                                        program.
                              ``Sec. 37. Overpayments of tax.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

Summary: Health Care Access for Small Business Act of 2003 - Amends the Social Security Act to add a new title XXII to direct the Secretary of Health and Human Services to promulgate regulations for the certification of three-share programs for purposes of offering a refundable tax credit to small businesses who participate in such programs where: (1) not more than 30 percent of the cost of the monthly premium for health coverage is paid by the qualified employee who lacks access to health coverage and desires coverage. And (2) at least 70 percent of such cost is paid by the qualified employer of such a qualified employee. Authorizes the Administrator to award startup grants to eligible entities to establish three-share programs for certification. Amends the Internal Revenue Code to provide for a refundable tax credit in the case of an eligible employer in an amount equal to 40 percent of the costs of a three-share program resulting from the participation of the taxpayer in such program during the taxable year.

A bill to provide for the certification of programs to provide uninsured employees of small business access to health coverage, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iran Refined Petroleum Sanctions
Act''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The illicit nuclear activities of the Government of
        Iran represent a serious threat to the security of the United
        States and our allies in Europe, the Middle East, and around
        the world.
            (2) The United States and the international community have
        a vital interest in working together to prevent the Government
        of Iran from acquiring a nuclear weapons capability.
            (3) The international community, acting through the
        International Atomic Energy Agency and the United Nations, has
        already adopted a range of sanctions designed to encourage the
        Government of Iran to cease its unlawful nuclear activities and
        comply with its obligations under the Treaty on Non-
        Proliferation of Nuclear Weapons (commonly known as the
        ``Nuclear Non-Proliferation Treaty'').
            (4) As a presidential candidate, then-Senator Obama stated
        that additional sanctions, especially those targeting Iran's
        dependence on imported refined petroleum, may help to persuade
        the Government of Iran to abandon its illicit nuclear
        activities.
            (5) On October 7, 2008, then-Senator Obama stated, ``Iran
        right now imports gasoline, even though it's an oil producer,
        because its oil infrastructure has broken down. If we can
        prevent them from importing the gasoline that they need and the
        refined petroleum products, that starts changing their cost-
        benefit analysis. That starts putting the squeeze on them.''.
            (6) On June 4, 2008, then-Senator Obama stated, ``We should
        work with Europe, Japan, and the Gulf states to find every
        avenue outside the UN to isolate the Iranian regime--from
        cutting off loan guarantees and expanding financial sanctions,
        to banning the export of refined petroleum to Iran.''.
            (7) Our allies in the international community have
        expressed support for additional sanctions should the
        Government of Iran fail to verifiably suspend its illicit
        nuclear activities.
            (8) On March 17, 2009, British Prime Minister Gordon Brown
        stated, ``[L]et me be equally clear that Iran's current nuclear
        program is unacceptable. Iran has concealed nuclear activities,
        refused to cooperate with the IAEA, and flouted UN Security
        Council Resolutions. Its refusal to play by the rules leads us
        to view its nuclear program as a critical proliferation threat.
        Iran therefore faces a clear choice--continue in this way and
        face further and tougher sanctions, or change to a UN overseen
        civil nuclear energy program that will bring the greatest
        benefits to its citizens.''.
            (9) On February 7, 2009, British Foreign Secretary David
        Miliband stated, ``We welcome US willingness to talk to Iran.
        But if Iran doesn't respond we will need to be ready to impose
        much tougher sanctions, even if that imposes costs on us here
        in Europe. In this instance, nuclear security must come above
        commercial interests.''.
            (10) On February 7, 2009, German Chancellor Angela Merkel
        stated, ``Let me be quite clear. We have offered to enter into
        negotiations with Iran and we want a diplomatic solution. These
        offers are on the table. . . . We're prepared to travel along
        this road together, but we are also prepared to consider
        tougher sanctions should there be no progress. It's imperative
        that we prevent Iran from acquiring nuclear weapons.''.
            (11) On June 23, 2008, French President Nicolas Sarkozy
        stated, ``So that things are clear and there is no ambiguity, I
        want to say that Iran's military nuclear program demands an
        extremely firm response by the entire international community.
        . . . France is determined to pursue with her partners a policy
        of increasingly tough sanctions until there is a shift in
        position.''.
            (12) The serious and urgent nature of the threat from Iran
        demands that the United States work together with our allies to
        do everything possible--diplomatically, politically, and
        economically--to prevent Iran from acquiring a nuclear weapons
        capability.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the United States should continue to support diplomatic
        efforts in the International Atomic Energy Agency and the
        United Nations Security Council to end Iran's illicit nuclear
        activities;
            (2) diplomatic efforts with Iran are more likely to be
        effective if the President is empowered with the explicit
        authority to impose additional sanctions on the Government of
        Iran;
            (3) it should be the policy of the United States to
        encourage foreign governments to direct state-owned entities to
        cease all investment in, and support of, Iran's energy sector
        and all exports of refined petroleum products to Iran;
            (4) it should be the policy of the United States to
        encourage foreign governments to require private entities based
        in their territories to cease all investment in, and support
        of, Iran's energy sector and all exports of refined petroleum
        products to Iran;
            (5) the President is urged to impose sanctions on the
        Central Bank of Iran and any other Iranian bank or financial
        institution engaged in proliferation activities or support of
        terrorist groups;
            (6) the Department of the Treasury should continue to work
        with our allies to take appropriate measures to protect the
        international financial system from deceptive and illicit
        practices by Iranian banks and financial institutions involved
        in proliferation activities or support of terrorist groups;
            (7) the concerns of the United States regarding Iran are
        strictly the result of the actions of the Government of Iran;
        and
            (8) the people of the United States--
                    (A) have feelings of friendship for the people of
                Iran;
                    (B) regret that developments in recent decades have
                created impediments to that friendship; and
                    (C) hold the people of Iran, their culture, and
                their ancient and rich history in the highest esteem.

SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996.

    (a) Expansion of Sanctions.--Section 5(a) of the Iran Sanctions Act
of 1996 (50 U.S.C. 1701 note) is amended to read as follows:
    ``(a) Sanctions With Respect to the Development of Petroleum
Resources of Iran and Exportation of Refined Petroleum to Iran.--
            ``(1) Development of petroleum resources of iran.--
                    ``(A) Investment.--Except as provided in subsection
                (f), the President shall impose 2 or more of the
                sanctions described in paragraphs (1) through (6) of
                section 6(a) if the President determines that a person
                has, with actual knowledge, on or after the date of
                this Act, made an investment of $20,000,000 or more (or
                any combination of investments of at least $5,000,000
                each, which in the aggregate equals or exceeds
                $20,000,000 in any 12-month period), that directly and
                significantly contributed to the enhancement of Iran's
                ability to develop petroleum resources of Iran.
                    ``(B) Production of refined petroleum resources.--
                Except as provided in subsection (f), the President
                shall impose the sanctions described in section 6(b)
                (in addition to any sanctions imposed under
                subparagraph (A)) if the President determines that a
                person has, with actual knowledge, on or after the date
                of the enactment of the Iran Refined Petroleum
                Sanctions Act, sold, leased, or provided to Iran any
                goods, services, technology, information, or support
                that would allow Iran to maintain or expand its
                domestic production of refined petroleum resources,
                including any assistance in refinery construction,
                modernization, or repair.
            ``(2) Exportation of refined petroleum resources to iran.--
        Except as provided in subsection (f), the President shall
        impose the sanctions described in section 6(b) if the President
        determines that a person has, with actual knowledge, on or
        after the date of the enactment of the Iran Refined Petroleum
        Sanctions Act, provided Iran with refined petroleum resources
        or engaged in any activity that could contribute to the
        enhancement of Iran's ability to import refined petroleum
        resources, including--
                    ``(A) providing ships or shipping services to
                deliver refined petroleum resources to Iran;
                    ``(B) underwriting or otherwise providing insurance
                or reinsurance for such activity; or
                    ``(C) financing or brokering such activity.''.
    (b) Description of Sanctions.--Section 6 of such Act is amended--
            (1) by striking ``The sanctions to be imposed on a
        sanctioned person under section 5 are as follows:'' and
        inserting the following:
    ``(a) In General.--The sanctions to be imposed on a sanctioned
person under subsections (a)(1)(A) and (b) of section 5 are as
follows:''; and
            (2) by adding at the end the following:
    ``(b) Additional Sanctions.--The sanctions to be imposed on a
sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are
as follows:
            ``(1) Foreign exchange.--The President shall, under such
        regulations as the President may prescribe, prohibit any
        transactions in foreign exchange by the sanctioned person.
            ``(2) Banking transactions.--The President shall, under
        such regulations as the President may prescribe, prohibit any
        transfers of credit or payments between, by, through, or to any
        financial institution, to the extent that such transfers or
        payments involve any interest of the sanctioned person.
            ``(3) Property transactions.--The President shall, under
        such regulations as the President may prescribe, prohibit any
        acquisition, holding, withholding, use, transfer, withdrawal,
        transportation, importation, or exportation of, dealing in, or
        exercising any right, power, or privilege with respect to, or
        transactions involving, any property in which the sanctioned
        person has any interest by any person, or with respect to any
        property, subject to the jurisdiction of the United States.''.
    (c) Presidential Waiver.--Section 9(c)(2) of such Act is amended by
amending subparagraph (C) to read as follows:
                    ``(C) an estimate of the significance of the
                provision of the items described in paragraph (1) or
                (2) of section 5(a) or section 5(b) to Iran's ability
                to develop its petroleum resources, enhance its ability
                to import refined petroleum resources, or develop its
                weapons of mass destruction or other military
                capabilities (as the case may be); and''.
    (d) Reports on United States Efforts To Curtail Certain Business
Transactions Relating to Iran.--Section 10 of such Act is amended by
adding at the end the following:
    ``(d) Reports on Certain Business Transactions Relating to Iran.--
            ``(1) In general.--Not later than 90 days after the date of
        the enactment of the Iran Refined Petroleum Sanctions Act, and
        every 6 months thereafter, the President shall submit a report
        to the appropriate congressional committees regarding any
        person who has--
                    ``(A) provided Iran with refined petroleum
                resources;
                    ``(B) engaged in any activity that could contribute
                to the enhancement of Iran's ability to import refined
                petroleum resources; or
                    ``(C) sold, leased, or provided to Iran any goods,
                services, or technology that would allow Iran to
                maintain or expand its domestic production of refined
                petroleum resources.
            ``(2) Description.--For each activity set forth in
        subparagraphs (A) through (C) of paragraph (1), the President
        shall provide a complete and detailed description of such
        activity, including--
                    ``(A) the date or dates of such activity;
                    ``(B) the name of any persons who participated or
                invested in or facilitated such activity;
                    ``(C) the United States domiciliary of the persons
                referred to in subparagraph (B);
                    ``(D) any Federal Government contracts to which the
                persons referred to in subparagraph (B) are parties;
                and
                    ``(E) the steps taken by the United States to
                respond to such activity.
            ``(3) Form of reports; publication.--The reports required
        under this subsection shall be--
                    ``(A) submitted in unclassified form, but may
                contain a classified annex; and
                    ``(B) published in the Federal Register.''.
    (e) Clarification and Expansion of Definitions.--Section 14 of such
Act is amended--
            (1) in paragraph (13)(B)--
                    (A) by inserting ``financial institution, insurer,
                underwriter, guarantor, any other business
                organization, including any foreign subsidiary, parent,
                or affiliate of such a business organization,'' after
                ``trust,''; and
                    (B) by inserting ``, such as an export credit
                agency'' before the semicolon at the end; and
            (2) in paragraph (14), by striking ``petroleum and natural
        gas resources'' and inserting ``petroleum, petroleum by-
        products, oil or liquefied natural gas, oil or liquefied
        natural gas tankers, and products used to construct or maintain
        pipelines used to transport oil or liquefied natural gas''.
    (f) Conforming Amendment.--Section 4 of such Act is amended--
            (1) in subsection (b)(2), by striking ``(in addition to
        that provided in subsection (d))''; and
            (2) by striking subsection (d).

Summary: Iran Refined Petroleum Sanctions Act - Expresses the sense of Congress that: (1) the United States should continue to support diplomatic efforts in the International Atomic Energy Agency (IAEA) and the U. N. Security Council to end Iran's illicit nuclear activities. (2) diplomatic efforts with Iran are more likely to be effective if the President is empowered with the explicit authority to impose additional sanctions on the government of Iran. (3) it should be US policy to encourage foreign governments to direct state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran. (4) the President is urged to impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups. (5) the Department of the Treasury should continue to work with allies to protect the international financial system from deceptive and illicit practices by Iranian financial institutions involved in proliferation activities or support of terrorist groups. (6) US concerns regarding Iran are strictly the result of that governments actions. And (7) the people of the United States have feelings of friendship for the people of Iran and regret that developments in recent decades have created impediments to that friendship. Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more current sanctions under such Act if a person has, with actual knowledge, made an investment of $20 million or more that directly and significantly contributed to Iran's ability to develop its petroleum resources. Directs the President to impose: (1) sanctions established under this Act if a person has, with actual knowledge, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair. And (2) sanctions established under this Act if a person has, with actual knowledge, provided Iran with refined petroleum resources or engaged in any activity that could contribute to Iran's ability to import refined petroleum resources, including providing shipping, insurance, or financing services for such activity. Establishes additional sanctions prohibiting specified foreign exchange, banking, and property transactions. Includes references to refined petroleum resources in a presidential report to Congress requesting waiver of sanctions for purposes of national interest. Directs the President to report to the appropriate congressional committees every six months regarding any person who has: (1) provided Iran with refined petroleum resources. (2) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources. Or (3) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources.

A bill to amend the Iran Sanctions Act of 1996 to enhance United States diplomatic efforts with respect to Iran by expanding economic sanctions against Iran.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Second Chances for Murderers,
Rapists, or Child Molesters Act of 1998''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) any individual convicted of murder should receive the
        death penalty or be imprisoned for life without the possibility
        of parole; and
            (2) any individual convicted of rape or a dangerous sexual
        offense involving a child under the age of 14 should be
        imprisoned for life without the possibility of parole.

SEC. 3. PENALTY FOR STATES THAT RELEASE CERTAIN FELONS.

    (a) Penalty.--
            (1) In general.--In a case in which a State convicts a
        person of murder, rape, or a dangerous sexual offense, who has
        a prior conviction for one of these offenses in another State,
        the Attorney General shall administer the transfer of the
        following amounts from Federal law enforcement assistance funds
        of the State that convicted such person of the first offense:
                    (A) Up to $100,000 shall be transferred to each
                victim (or if the victim is deceased, the victim's
                estate) of the subsequent offense.
                    (B) The cost of incarceration, prosecution, and
                apprehension of such person shall be transferred to the
                State that convicted of a subsequent offense. Half of
                the amounts transferred shall be paid to the State
                entity designated to administer crime victim
                assistance, and half shall be deposited in a State
                account that collects Federal law enforcement funds.
            (2) Multiple states.--In a case in which a State convicts a
        person of murder, rape, or a dangerous sexual offense, who has
        a prior conviction for one of these offenses in more than one
        State, the Attorney General shall administer the transfer of
        the following amounts from Federal law enforcement assistance
        funds of each State that convicted of a prior offense:
                    (A) Up to $100,000 shall be apportioned equally
                among the States that convicted of prior offenses and
                transferred to each victim (or if the victim is
                deceased, the victim's estate) of the subsequent
                offense.
                    (B) The cost of incarceration, prosecution, and
                apprehension of such person shall be apportioned
                equally among the States that convicted of prior
                offenses and transferred to the State that convicted of
                a subsequent offense. Half of the amounts transferred
                shall be paid to the State entity designated to
                administer crime victim assistance, and half shall be
                deposited in a State account that collects Federal law
                enforcement funds.
    (b) State Applications.--To receive funds under this section, the
chief executive of a State shall submit an application to the Attorney
General in such form and containing such information as the Attorney
General may reasonably require, including a certification that the
State has convicted a person of murder, rape, or a dangerous sexual
offense, who has a prior conviction for one of these offenses in
another State.
    (c) Source of Funds.--Any amount transferred as a result of
subsection (a) shall be derived by reducing funds from Federal law
enforcement assistance programs received by the State that convicted of
the first offense. The Attorney General, in consultation with the chief
executive of the State that convicted of the first offense, shall
develop a payment schedule.
    (d) Construction.--This section shall not be construed to diminish
or modify any court ordered restitution.

SEC. 4. UNITED STATES SENTENCING COMMISSION.

    The United States Sentencing Commission shall amend the Federal
Sentencing Guidelines to provide that--
            (1) whoever is guilty of murder, as defined in section 6 of
        this Act, shall be punished by death or by imprisonment for
        life; and
            (2) whoever is guilty of rape or a dangerous sexual
        offense, as defined in section 6 of this Act, shall be punished
        by imprisonment for life.

SEC. 5. COLLECTION OF RECIDIVISM DATA.

    Pursuant to guidelines established in the Uniform Federal Crime
Reporting Act of 1988 (Public Law 100-690), the Attorney General shall
collect and distribute data to the President, Members of the Congress,
State governments, and officials of localities and penal and other
institutions participating in the Uniform Crime Reports program which
includes--
            (1) the number of murders, rapes, and dangerous sexual
        offenses committed by persons previously convicted of one of
        these offenses; and
            (2) the percentage of cases in which a person convicted of
        murder, rape, or a dangerous sexual offense in one State
        commits a second offense in another State.

SEC. 6. DEFINITIONS.

    For purposes of this Act--
            (1) Murder.--The term ``murder'' means the unlawful killing
        of a human being with malice aforethought, and includes
        murder--
                    (A) perpetrated by poison, lying in wait, or any
                other kind of willful, deliberate, malicious, and
                premeditated killing;
                    (B) committed in the perpetration of, or attempt to
                perpetrate, any arson, escape, murder, kidnapping,
                treason, espionage, sabotage, aggravated sexual abuse
                or sexual abuse, burglary, or robbery; or
                    (C) perpetrated from a premeditated design
                unlawfully and maliciously to effect the death of any
                individual other than the individual who is killed.
            (2) Rape.--The term ``rape'' includes the carnal knowledge
        of an individual forcibly and against the will of such
        individual.
            (3) Dangerous sexual offense.--The term ``dangerous sexual
        offense'' means sexual abuse or sexually explicit conduct
        committed by an individual who is over the age of 18 against a
        child under the age of 14.
            (4)  Sexual abuse.--The term ``sexual abuse'' includes the
        employment, use, persuasion, inducement, enticement, or
        coercion of a child under the age of 14 to engage in, or assist
        another person to engage in, sexually explicit conduct or the
        rape, molestation, prostitution, or other form of sexual
        exploitation of children, or incest with children.
            (5) Sexually explicit conduct.--The term ``sexually
        explicit conduct'' means actual or simulated--
                    (A) sexual intercourse, including sexual contact in
                the manner of genital-genital, oral-genital, anal-
                genital, or oral-anal contact, whether between persons
                of the same or of opposite sex;
                    (B) bestiality;
                    (C) masturbation;
                    (D) lascivious exhibition of the genitals or pubic
                area of a person or animal; or
                    (E) sadistic or masochistic abuse.
            (6) Sexual contact.--The term ``sexual contact'' means the
        intentional touching, either directly or though clothing, of
        the genitalia, anus, groin, breast, inner thigh, or buttocks of
        any person with an intent to abuse, humiliate, harass, degrade,
        or arouse or gratify sexual desire of any person.

Summary: No Second Chances for Murderers, Rapists, or Child Molesters Act of 1998 - Expresses the sense of the Congress that any individual convicted of: (1) murder should receive the death penalty or be imprisoned for life without the possibility of parole. And (2) rape or a dangerous sexual offense involving a child under age 14 should be imprisoned for life without the possibility of parole. Requires the Attorney General to transfer the following amounts from Federal law enforcement assistance funds for a State that convicted a person of a first offense of murder, rape, or a dangerous sexual offense to a State that convicts that person for a subsequent such offense: (1) up to $100,000 for transfer to each victim of the subsequent offense. And (2) the cost of incarceration, prosecution, and apprehension of such person. Sets forth provisions regarding situations where a person has a prior conviction in more than one State. Requires the United States Sentencing Commission to amend the Federal sentencing guidelines to provide that whoever is guilty of: (1) murder shall be punished by death or by life imprisonment. And (2) rape or a dangerous sexual offense shall be punished by life imprisonment. Directs the Attorney General to collect and distribute data to the President, Members of Congress, State governments, and officials of localities and penal and other institutions participating in the Uniform Crime Reports program which includes: (1) the number of murders, rapes, and dangerous sexual offenses committed by persons previously convicted of one of these offenses. And (2) the percentage of cases in which a person convicted of murder, rape, or a dangerous sexual offense in one State commits a second offense in another State.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Pharmacist Services
Coverage Act of 2001''.

SEC. 2. MEDICARE COVERAGE OF PHARMACIST SERVICES.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by section 105(a) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public
Law 106-554, is amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by inserting ``and'' at the end;
        and
            (3) by adding at the end the following new subparagraph:
            ``(W) pharmacist services (as defined in subsection
        (ww));''.
    (b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 105(b) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000
(114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public
Law 106-554, is amended by adding at the end the following new
subsection:

                         ``Pharmacist Services

    ``(ww) The term `pharmacist services' means such drug therapy
management services furnished by a pharmacist, individually or on
behalf of a pharmacy provider, and such services and supplies furnished
as an incident to the pharmacist's drug therapy management service,
which the pharmacist is legally authorized to perform (in the State in
which the individual performs such services) in accordance with State
law (or the State regulatory mechanism provided by State law).''.
    (c) Payment.--
            (1) In general.--Section 1833(a)(1) of the Social Security
        Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) of
        the Medicare, Medicaid, and SCHIP Benefits Improvement and
        Protection Act of 2000 (114 Stat. 2763A-489), as enacted into
        law by section 1(a)(6) of Public Law 106-554, is amended--
                    (A) by striking ``and'' before ``(U)''; and
                    (B) by inserting before the semicolon at the end
                the following: ``, and (V) with respect to pharmacist
                services under section 1861(s)(2)(W), the amounts paid
                shall be 80 percent of the lesser of the actual charge
                or the amount established under section 1834(n);''.
            (2) Establishment of fee schedule; payments prior to
        implementation of fee schedule.--Section 1834 of the Social
        Security Act (42 U.S.C. 1395m), as amended by section 223(b) of
        the Medicare, Medicaid, and SCHIP Benefits Improvement and
        Protection Act of 2000 (114 Stat. 2763A-487), as enacted into
        law by section 1(a)(6) of Public Law 106-554, is amended by
        adding at the end the following new subsection:
    ``(n) Fee Schedules for Pharmacist Services.--
            ``(1) Development.--The Secretary shall develop--
                    ``(A) a relative value scale to serve as the basis
                for the payment of pharmacist services (as defined in
                section 1861(ww)) under this part; and
                    ``(B) using such scale and appropriate conversion
                factors, fee schedules (on a regional, statewide,
                locality, or carrier service area basis) for payment
                for pharmacist services under this part, to be
                implemented for such services furnished during years
                beginning after the expiration of the 3-year period
                which begins on the date of enactment of this
                subsection.
            ``(2) Considerations.--In developing the relative value
        scale and fee schedules under paragraph (1), the Secretary
        shall consider differences in--
                    ``(A) the time required to perform types of
                pharmacist services;
                    ``(B) the level of risk associated with the use of
                particular out-patient prescription drugs or groups of
                drugs; and
                    ``(C) the health status of individuals to whom
                pharmacist services are provided.
            ``(3) Consultation.--In developing the fee schedule for
        pharmacist services under this subsection, the Secretary shall
        consult with various national organizations representing
        pharmacists and pharmacies and share with such organizations
        the relevant data and data analysis being used in establishing
        such fee schedule, including data on variations in payments
        under this part by geographic area and by service.
            ``(4) Payments prior to implementation of fee schedule.--In
        the case of a pharmacist service (as defined in section
        1861(ww)) that is furnished before the implementation of the
        fee schedule developed under paragraph (1)(B), the Secretary
        shall pay an amount equal to 80 percent of the amount that the
        Secretary would pay for such service under the fee schedule
        established under section 1848 if the service were furnished by
        a physician or as an incident to a physician's service.''.
    (d) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to Congress a report on the relative value scale and fee
schedules developed under section 1834(n)(1) of the Social Security Act
(as added by subsection (c)(2)) for pharmacist services furnished under
part B of the medicare program under title XVIII of the Social Security
Act.
    (e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after January 1, 2002.

Summary: Medicare Pharmacist Services Coverage Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for Medicare coverage of pharmacist services.

To amend title XVIII of the Social Security Act to provide for coverage of pharmacist services under part B of the Medicare Program.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strengthening Entrepreneurs'
Economic Development Act of 2013''.

SEC. 2. DIRECT LENDING PROGRAM FOR SMALL BUSINESS CONCERNS.

    (a) Establishment.--The Administrator of the Small Business
Administration shall--
            (1) establish and carry out a loan program (in this Act
        referred to as the ``program''); and
            (2) establish a process under which an eligible small
        business concern may submit an application to the Administrator
        for the purpose of securing a loan under the program.
    (b) Loan Amount.--Each loan made to an eligible small business
concern under the program shall be in an amount not to exceed $150,000.
    (c) Repayment Period.--An eligible small business concern that
receives a loan under the program shall repay the loan not later than 6
years after the date on which such loan is disbursed.
    (d) No Prepayment Penalty.--There shall be no prepayment penalty on
a loan made under the program.
    (e) Interest Rate.--The maximum legal rate of interest on any loan
made under the program shall not exceed the sum of the rate prescribed
by the Administrator pursuant to section 7(a)(4)(A) of the Small
Business Act (15 U.S.C. 636(a)(4)(A)) for direct loans plus 5 percent.
    (f) Borrower Fees.--With respect to each loan made to an eligible
small business concern under the program, the Administrator may collect
a fee from the borrower using the formula established under section
7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)).
    (g) Underwriting Standards.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall issue guidance
regarding prudent underwriting standards that must be used for loans
made under the program.
    (h) Lender Participation.--
            (1) Lenders.--
                    (A) In general.--The Administrator shall establish
                a process under which the Administrator makes available
                to lenders each loan application submitted for the
                purpose of such lenders originating, underwriting,
                closing, and servicing the loan for which the applicant
                applied.
                    (B) Eligibility.--Lenders are eligible to receive a
                loan application described in subparagraph (A) if they
                participate in the program.
                    (C) Local lenders.--The Administrator shall first
                make available a loan application described in
                subparagraph (A) to lenders within 50 miles of the
                principal office of the loan applicant.
                    (D) Preferred lenders.--If a lender described in
                subparagraph (C) does not agree to originate,
                underwrite, close, and service the loan applied for
                within 5 business days of receiving a loan application
                described in subparagraph (A), the Administrator shall
                subsequently make available such loan application to
                lenders in the Preferred Lenders Program under section
                7(a)(2)(C)(ii) of the Small Business Act (15 U.S.C.
                636(a)(2)(C)(ii)).
                    (E) Authority of administration to lend.--If a
                lender described in subparagraphs (C) and (D) does not
                agree to originate, underwrite, close, and service the
                loan applied for within 10 business days of receiving a
                loan application described in subparagraph (A), the
                Administrator shall, in accordance with the
                underwriting standards promulgated under subsection
                (g), consider such loan for origination, underwriting,
                closing, and servicing by the Administration within 10
                business days.
            (2) Asset sales.--The Administrator shall offer to sell
        loans made by the Administrator under the program. Such sales
        shall be made through the semi-annual public solicitation (in
        the Federal Register and in other media) of offers to purchase.
        The Administrator may contract with vendors for due diligence,
        asset valuation, and other services related to such sales. The
        Administrator may not sell any loan under the program for less
        than 90 percent of the net present value of the loan, as
        determined and certified by a qualified third party.
            (3) Loans not sold.--The Administrator shall maintain and
        service loans made by the Administrator under this paragraph
        that are not sold through the asset sales under this
        subsection.
    (i) Definitions.--In this Act:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Small Business Administration.
            (2) Eligible small business concern.--The term ``eligible
        small business concern'' means a small business concern that
        has less than 20 employees.
            (3) Small business concern.--The term ``small business
        concern'' has the same meaning given such term under section 3
        of the Small Business Act (15 U.S.C. 632).

SEC. 3. FEE FOR HIGH-DOLLAR 7(A) LOANS.

    Section 7(a) of the Small Business Act is amended--
            (1) by redesignating paragraphs (31) through (35) as
        paragraphs (32) through (36); and
            (2) by inserting the following new paragraph:
            ``(31) Fee for high-dollar loans.--With respect to each
        loan in excess of $2,000,000 approved under this subsection,
        the Administration shall assess, collect, and retain a fee not
        to exceed a certain percentage, as determined by the
        Administrator, of the outstanding balance of the deferred
        participation share of the loan, as necessary to reduce to zero
        the cost to the Administration of making loans under this
        subsection. As used in the paragraph, the term `cost' has the
        meaning given that term in section 502 of the Federal Credit
        Reform Act of 1990 (2 U.S.C. 661a).''.

Summary: Strengthening Entrepreneurs' Economic Development Act of 2013 - Directs the Administrator of the Small Business Administration (SBA) to establish and carry out a direct lending program for small businesses . Sets forth provisions governing the amount and repayment period of, and interest rate on, such a loan. Authorizes the Administrator to collect a fee from the borrower. Directs the Administrator to: (1) issue guidance regarding prudent underwriting standards for such loans. (2) establish a process of making each loan application available to lenders for the purpose of originating, underwriting, closing, and servicing the loan. (3) first give priority to lenders within 50 miles of the principal office of the applicant, then make such applications available to lenders in the Preferred Lenders Program, and then consider such a loan for origination, underwriting, closing, and servicing by the Administrator. (4) offer to sell loans made under the program through the semi-annual public solicitation of offers to purchase. And (5) maintain and service loans that are not sold through asset sales. Amends the Small Business Act to require the SBA, for each small business loan in excess of $2 million that is approved under such Act, to collect a fee not to exceed a certain percentage of the outstanding balance of the deferred participation share of the loan as necessary to reduce to zero the cost to the SBA of making such loan.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Generating American Income and
Infrastructure Now Act''.

SEC. 2. REQUIRED SALE OF DISTRESSED NOTES AND OTHER OBLIGATIONS.

    (a) In General.--
            (1) Coordination of sale of distressed notes.--The
        Secretary of Agriculture shall sell, under terms established by
        the Secretary of the Treasury, distressed notes and other
        obligations held by the Department of Agriculture.
            (2) Deposit of proceeds.--Of the proceeds from the sale of
        the notes and obligations pursuant to paragraph (1)--
                    (A) 50 percent shall be deposited in an account
                specifically designated for purposes of carrying out
                infrastructure projects in low-income communities (as
                defined in section 45D(e) of the Internal Revenue Code
                of 1986); and
                    (B) 50 percent shall be retained in the Treasury
                for purposes of deficit reduction.
    (b) Terms and Procedures of Sales.--
            (1) Fair market valuation.--The Secretary of the Treasury
        shall consult with the Secretary of Agriculture to establish a
        fair market valuation for the sale of the distressed notes or
        other obligations pursuant to this section.
            (2) No recourse or liability.--The sale of distressed notes
        or other obligations pursuant to this section shall be on a
        nonrecourse basis. The Secretary of Agriculture and any
        subsequent purchaser of such notes or other obligations sold on
        a nonrecourse basis shall be relieved of any responsibilities
        that might have been imposed had the borrower remained indebted
        to the Secretary of Agriculture.
            (3) Contract provisions.--The sale of distressed notes or
        other obligations pursuant to this section shall not alter the
        terms specified in the note or other obligation.
            (4) Notification; notice and comment.--Not less than 60
        days before the sale of a distressed note or other obligation
        pursuant to this section, the Secretary of Agriculture shall
        notify the borrower that the Department of Agriculture intends
        to sell such note or other obligation.
            (5) Notice and comment.--During the 60-day period before
        the sale of a distressed note or other obligation under this
        section, the Secretary of Agriculture shall provide an
        opportunity for notice and public comment in a manner that
        protects the personally identifiable information relating to
        the borrower.
            (6) Borrower opportunity to refinance.--A borrower may pay
        off a distressed note or other obligation at a discount to par
        value enabling the borrower to refinance the note or other
        obligation through a private market loan within 30 days after
        the borrower receives notification of the intent to sell such
        note or other obligation pursuant to paragraph (4).
            (7) Best price.--The Secretary of Agriculture shall obtain
        the highest possible return from the sales of distressed notes
        or other obligations under this section and may conduct sales
        on a competitive bidding or negotiated process, in amounts
        sufficiently large to assure market interest.
            (8) Financial advisor.--In order to assure the highest
        possible return, the Secretary of Agriculture may employ public
        finance advisors from micro-, woman-, and minority-owned
        businesses, as defined by the Small Business Administration.
            (9) Loan servicing.--Before selling any distressed note or
        other obligation under this section, the Secretary of
        Agriculture shall require persons offering to purchase the note
        or other obligation to demonstrate--
                    (A) an ability or resources to provide such
                servicing, with respect to the distressed note or other
                obligation, that the Secretary of the Treasury
                determines to be necessary to ensure the continued
                performance on the loan; and
                    (B) the ability to generate capital to provide the
                borrowers of the distressed notes or other obligations
                such additional credit as may be necessary in proper
                servicing of such notes or other obligations.
    (c) GAO Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on the sale of distressed notes or
other obligations of the Department of Agriculture under this section.
Such report shall include the recommendation of the Comptroller General
of the United States with respect to whether such a sale should be
undertaken by other Federal agencies.

Summary: Generating American Income and Infrastructure Now Act This bill requires the Department of Agriculture (USDA) to sell certain distressed notes and other obligations held by USDA. The sale must be conducted under terms and procedures established by the Department of the Treasury and specified in the bill. Of the proceeds from the sale: (1) 50 must be deposited into an account for carrying out infrastructure projects in low-income communities, and (2) 50 must be retained in the Treasury for deficit reduction.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''.

SEC. 2. WITHDRAWAL OF COAL PREFERENCE RIGHT LEASE APPLICATIONS.

    (a) In General.--Notwithstanding any other provision of law, if any
of the coal preference right lease applications captioned NMNM 3752,
NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM
3919, NMNM 6802, NMNM 7235 and NMNM 8745 are withdrawn by the holder or
holders of the applications, the Secretary of the Interior, acting
through the Bureau of Land Management (referred to in this Act as the
``Secretary''), shall issue under section 4(a)(2) to each such holder
or holders a certificate of bidding rights (in such form and manner as
provided for under regulations promulgated by the Secretary under the
Mineral Leasing Act (30 U.S.C. 181 et seq.)) that constitutes the
combined fair market value, as determined under section 3, of the coal
reserves for each coal preference right lease application withdrawn by
the holder.
    (b) Relinquishment.--The relinquishment of all rights associated
with the coal preference lease applications withdrawn shall be
effective on the date of the issuance of the certificate of bidding
rights under section 4(a)(2).
    (c) No Adjudication.--The withdrawals and issuances required under
subsection (a) shall occur without any further adjudication of coal
preference right lease applications by the Secretary.

SEC. 3. METHOD FOR DETERMINING FAIR MARKET VALUE.

    (a) In General.--Notwithstanding any other provision of law, this
section shall apply to the issuance of a certificate of bidding rights
under section 4(a)(2).
    (b) Value of Coal Reserves.--
            (1) In general.--The fair market value of the coal reserves
        of any coal preference right lease application withdrawn under
        section 2(a) shall be determined by the panel established under
        paragraph (2).
            (2) Panel.--
                    (A) Establishment.--Not later than 30 days after
                the date of enactment of this Act, the Secretary shall
                establish a panel to determine the fair market value of
                the coal reserves of any coal preference right lease
                applications withdrawn under section 2(a).
                    (B) Membership.--The panel shall be composed of 3
                representatives, of whom--
                            (i) 1 representative shall be appointed by
                        the Secretary;
                            (ii) 1 representative shall be appointed by
                        the holder of the preference right lease
                        application; and
                            (iii) 1 representative shall be appointed
                        by the Governor of the State of New Mexico.
            (3) Mineral appraiser.--The Secretary shall contract with a
        qualified coal reserve appraiser to assist the panel
        established under paragraph (2)(A) in determining the fair
        market value of a coal reserve.
            (4) Supplemental information.--In determining the fair
        market value of a coal reserve, the panel may supplement any
        information provided to the panel, as the panel determines to
        be appropriate.
            (5) Determination.--Not later than 75 days after the date
        on which the panel is established under paragraph (2)(A), the
        panel shall submit to the Secretary the determination of the
        panel with respect to the fair market value of a coal reserve
        of any coal preference right lease application withdrawn by the
        holder.

SEC. 4. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE
              APPLICATIONS.

    (a) In General.--Notwithstanding any other provision of law, not
later than 120 days after the withdrawal of a coal preference right
lease application, the Secretary shall--
            (1) issue to the Navajo Nation patents to the land,
        including the mineral estate, subject to the coal preference
        right lease application withdrawn--
                    (A) in full and final satisfaction of the right of
                the Navajo Nation to select land in New Mexico under
                section 11 of the Navajo-Hopi Land Settlement Act of
                1974 (25 U.S.C. 640d-10); and
                    (B) to facilitate land consolidation and facilitate
                mineral development in northwest New Mexico; and
            (2) issue a certificate of bidding rights in the amount of
        the fair market value determined under section 3.
    (b) Enforcement.--The duties of the Secretary under this section
shall be considered nondiscretionary and enforceable in a mandamus
proceeding brought under section 1361 of title 28, United States Code.

SEC. 5. USE OF EXCHANGE BIDDING RIGHTS.

    (a) In General.--Notwithstanding any other provision of law--
            (1) a certificate of bidding rights issued under section
        4(a)(2) shall--
                    (A) be subject to such procedures as the Secretary
                may establish pertaining to notice of transfer and
                accountings of holders and their balances;
                    (B) be transferable by the holder or holders of the
                certificate of bidding rights in whole or in part; and
                    (C) constitute a monetary credit that, subject to
                paragraph (2), may be applied, at the election of the
                holder or holders of the certificate of bidding rights,
                against--
                            (i) rentals, advance royalties, or
                        production royalties payable to the Secretary
                        under Federal coal leases; and
                            (ii) bonus payments payable to the
                        Secretary in the issuance of a Federal coal
                        lease or Federal coal lease modification under
                        the coal leasing provisions of the Mineral
                        Leasing Act (30 U.S.C. 181 et seq.); and
            (2) in a case in which a certificate of bidding rights
        issued under section 4(a)(2) is applied by the holder or
        holders of the certificate of bidding rights as a monetary
        credit against a payment obligation under a Federal coal lease,
        the holder or holders--
                    (A) may apply the bidding rights only against 50
                percent of the amount payable under the lease; and
                    (B) shall pay the remaining 50 percent as provided
                for under the lease in cash or cash equivalent.
    (b) Payment Under Lease Obligations.--Any payment of a Federal coal
lease obligation by the holder or holders of a certificate of bidding
rights issued under section 4(a)(2)--
            (1) shall be treated as money received under section 35 of
        the Mineral Leasing Act (30 U.S.C. 191); but
            (2) shall be credited and redistributed by the Secretary
        only as follows:
                    (A) 50 percent of the amount paid in cash or its
                equivalent shall be--
                            (i) distributed to the State in which the
                        lease is located; and
                            (ii) treated as a redistribution under
                        section 35 of the Mineral Leasing Act (30
                        U.S.C. 191).
                    (B) 50 percent of the amount paid through a
                crediting of the bidding rights involved shall be
                treated as a payment that is subject to redistribution
                under that section to the Reclamation and Miscellaneous
                Receipts accounts in the Treasury.

Summary: Bisti PRLA Dispute Resolution Act - Directs the Secretary of the Interior, acting through the Bureau of Land Management, if any of specified coal preference right lease applications are withdrawn by the holder or holders of those applications, to issue to each such holder a certificate of bidding rights that constitutes the combined fair market value of the coal reserves for each coal preference right lease application withdrawn by the holder. Provides that such withdrawals and issuances shall occur without any further adjudication of coal preference right lease applications. Directs the Secretary to establish a panel to determine the fair market value of the coal reserves of any coal preference right applications withdrawn under this Act. Instructs the Secretary to contract with a qualified coal reserve appraiser to assist the panel. Directs the Secretary, after the withdrawal of a coal preference right lease application, to: (1) issue to the Navajo Nation patents to the land, including the mineral estate, subject to such withdrawn application in full and final satisfaction of the right of the Navajo Nation to select land in New Mexico and to facilitate land consolidation and mineral development in northwest New Mexico. And (2) issue a certificate of bidding rights in the amount of the fair market value of the coal reserves of such application. Provides that the Secretary's duties in issuing such patents and certificates shall be considered nondiscretionary and enforceable in a mandamus proceeding. Sets forth provisions regarding the use of exchange bidding rights.

A bill to provide the conveyance of certain public land in northwestern New Mexico by resolving a dispute associated with coal preference right lease interests on the land.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Durham Woods Natural Gas Pipeline
Safety Act of 1995''.

SEC. 2. INCREASED INSPECTION REQUIREMENTS IN HIGH-DENSITY POPULATION
              AREAS.

    (a) Instrumented Internal Inspection Devices.--Section 60102(f)(2)
of title 49, United States Code, is amended by inserting ``In the case
of gas pipelines, such inspection shall be required not less than once
every 7 years.'' after ``60109 of this title.''.
    (b) Additional Inspections.--Section 60108 of title 49, United
States Code, is amended by adding at the end the following new
subsection:
    ``(e) Additional Inspection Requirements for Gas Transmission
Pipeline Facilities.--Within 2 years after the date of the enactment of
this subsection, the Secretary shall prescribe regulations requiring
that each owner or operator of a gas transmission pipeline facility--
            ``(1) establish a program for observing from the air, or
        inspecting from the ground, or both, at least once every month,
        the surface conditions on and adjacent to the right-of-way of
        all of such owner or operator's gas transmission pipeline
        facilities identified under section 60109 of this title for
        indications of leaks, construction, and other circumstances
        affecting safety or operation; and
            ``(2) place line markers at suitable intervals along the
        rights-of-way of all of such owner or operator's gas
        transmission pipeline facilities identified under section 60109
        of this title, unless such placement is impractical.''.

SEC. 3. DAMAGE REPORTING.

    Section 60123(d)(2) of title 49, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by redesignating subparagraph (B) as subparagraph (C);
        and
            (3) by inserting after subparagraph (A) the following new
        subparagraph:
                    ``(B) a pipeline facility and does not report the
                damage promptly to the operator of the pipeline
                facility and other appropriate authorities; or''.

SEC. 4. INCREASED PENALTIES.

    (a) Criminal Penalties.--Section 60123 of title 49, United States
Code, is amended--
            (1) in subsection (a), by striking ``5 years'' and
        inserting in lieu thereof ``10 years'';
            (2) in subsection (b), by striking ``15 years'' and
        inserting in lieu thereof ``30 years'';
            (3) in subsection (c), by striking ``one year'' and
        inserting in lieu thereof ``5 years''; and
            (4) in subsection (d), by striking ``5 years'' and
        inserting in lieu thereof ``10 years''.
    (b) Civil Penalties.--Section 60122(a) of title 49, United States
Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``or 60118(a)'' and inserting in
                lieu thereof ``, 60102(l), or 60118(a)'';
                    (B) by striking ``$25,000'' and inserting in lieu
                thereof ``$50,000''; and
                    (C) by striking ``$500,000'' and inserting in lieu
                thereof ``$1,000,000''; and
            (2) in paragraph (2), by striking ``$50,000'' and inserting
        in lieu thereof ``$100,000''.

SEC. 5. PUBLIC AWARENESS.

    Section 60116 of title 49, United States Code, is amended--
            (1) by inserting ``(a) Requirement.--'' before ``Under
        regulations the Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) State Programs.--The Secretary shall, to the extent provided
in advance in appropriations Acts, make grants to States for the
promotion of public awareness of the dangers of excavating near
pipeline facilities by advertising in the media and other means.''.

SEC. 6. PIPELINE SAFETY STUDY.

    (a) Study.--The Secretary of Transportation shall conduct a
comprehensive study on the safety of all gas transmission pipeline
facilities in the State of New Jersey. Such study shall address, at a
minimum--
            (1) increasing population encroachment on pipeline rights-
        of-way;
            (2) environmental concerns;
            (3) financial pressures on the pipeline industry to control
        their costs; and
            (4) the feasibility of utilizing remotely operated or
        automatic shut-off valves, and their appropriate spacing.
    (b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Transportation shall
transmit to the Congress a report containing the results of the study
conducted under subsection (a).

SEC. 7. RISK ASSESSMENT.

    (a) Assessment.--The Secretary of Transportation shall conduct an
assessment of the risks to public safety and the environment posed by
the transportation of gas by pipeline. Such assessment shall--
            (1) rank the risks identified by the Secretary in terms of
        their probability of occurrence and the severity of their
        likely consequences, and in terms of any other factors the
        Secretary considers relevant;
            (2) identify and prioritize technically feasible and
        economically justified actions that should be taken to lessen
        the risks identified; and
            (3) address, at a minimum--
                    (A) inspection by instrumented internal inspection
                devices;
                    (B) installation of state-of-the-art leak detection
                systems, including automatic and remotely controlled
                valves;
                    (C) inspection and burial of underwater pipelines;
                and
                    (D) inspection and replacement of cast iron
                pipelines.
    (b) Report to Congress.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation shall
transmit to the Congress a report including the assessment required
under subsection (a) and a plan for actions proposed by the Secretary
to address each risk identified in the assessment.

SEC. 8. MAPPING.

    Section 60102 of title 49, United States Code, is amended by adding
at the end the following new subsection:
    ``(l) Mapping of Pipeline Facilities.--(1) The owner or operator of
a gas transmission or hazardous liquid pipeline facility, or a
regulated gathering line, shall inform the Secretary of the specific
location of such pipeline facility or gathering line.
    ``(2) The Secretary, using the information received under paragraph
(1) and any other information available to the Secretary, shall develop
a comprehensive mapping program to identify the specific location of
all gas transmission and hazardous liquid pipeline facilities, and
regulated gathering lines. The program shall include information on the
proximity of such pipeline facilities and gathering lines to high-
density population areas, environmentally sensitive areas, water
intakes, and other appropriate areas or facilities. The Secretary shall
establish an electronic data base for the comprehensive mapping
program, and shall ensure that such data base is available to State and
local governments and the public in an appropriate manner.
    ``(3) The Secretary shall ensure the security of the program
developed under paragraph (2) against terrorism, sabotage, and other
threats.''.

SEC. 9. TECHNICAL SAFETY STANDARDS COMMITTEE.

    Section 60115(f) is amended--
            (1) by striking the first 2 sentences thereof; and
            (2) by inserting ``of a committee under this section''
        after ``A member''.

SEC. 10. DEFINITIONS.

    Terms used in this Act shall have the same definitions given such
terms in section 60101 of title 49, United States Code.

Summary: Durham Woods Natural Gas Pipeline Safety Act of 1995 - Amends Federal pipeline safety law to instruct the Secretary of Transportation to issue regulations requiring: (1) periodic inspections of gas pipeline facilities with the use of instrumented internal inspection devices at least once every seven years in high-density population areas. And (2) transmission pipeline operators to institute a monthly inspection program for leaks and other specified hazards and line markers along pipeline rights-of-way. Declares it is a criminal offense to fail to report damage to a gas or hazardous liquid pipeline facility after knowingly and willfully engaging in excavation activities without taking specified steps to establish the location of underground facilities. Increases the civil and criminal penalties for violations of such law. Directs the Secretary to: (1) make grants to the States to promote public awareness programs regarding the dangers of excavating near gas pipelines. (2) study and report to the Congress on the safety of all gas transmission pipelines in the State of New Jersey and on an assessment of the risks to public safety and the environment posed by gas pipeline transportation. And (3) develop a comprehensive mapping program to identify the specific location of all gas and hazardous liquid transmission pipelines , and gathering lines, in the country.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Suburban and Community Forestry and
Open Space Initiative Act of 2001''.

SEC. 2. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.

    The Cooperative Forestry Assistance Act of 1978 is amended by
inserting after section 7 (16 U.S.C. 2103c) the following:

``SEC. 7A. SUBURBAN AND COMMUNITY FORESTRY AND OPEN SPACE INITIATIVE.

    ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means a
        State (including a political subdivision) or nonprofit
        organization that the Secretary determines under subsection
        (c)(1)(A)(ii) is eligible to receive a grant under subsection
        (c)(2).
            ``(2) Indian tribe.--The term `Indian tribe'--
                    ``(A) in the case of the State of Alaska, means a
                Native corporation (as defined in section 3 of the
                Alaska Native Claims Settlement Act (43 U.S.C. 1602));
                and
                    ``(B) in the case of any other State, has the
                meaning given the term in section 4 of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C.
                450b).
            ``(3) Private forest land.--The term `private forest land'
        means land that is--
                    ``(A)(i) covered by trees; or
                    ``(ii) suitable for growing trees, as determined by
                the Secretary;
                    ``(B) suburban, as determined by the Secretary; and
                    ``(C) owned by--
                            ``(i) a private entity; or
                            ``(ii) an Indian tribe.
            ``(4) Program.--The term `program' means the Suburban and
        Community Forestry and Open Space Initiative established by
        subsection (b).
            ``(5) Secretary.--The term `Secretary' means the Secretary
        of Agriculture, acting through the Chief of the Forest Service.
    ``(b) Establishment.--
            ``(1) In general.--There is established within the Forest
        Service a program to be known as the `Suburban and Community
        Forestry and Open Space Initiative'.
            ``(2) Purpose.--The purpose of the program is to provide
        assistance to eligible entities to carry out projects and
        activities to--
                    ``(A) identify and preserve private forest land;
                and
                    ``(B) contain suburban sprawl.
    ``(c) Grant Program.--
            ``(1) Identification of eligible private forest land.--
                    ``(A) In general.--The Secretary, in consultation
                with State foresters or equivalent State officials and
                State planning offices, shall establish criteria for--
                            ``(i) the identification, subject to
                        subparagraph (B), of private forest land in
                        each State that may be preserved under this
                        section; and
                            ``(ii) the identification of eligible
                        entities.
                    ``(B) Conditions for eligible private forest
                land.--Private forest land identified for preservation
                under subparagraph (A)(i) shall be land that is--
                            ``(i) located in an area that is affected,
                        or threatened to be affected, by significant
                        suburban sprawl, as determined by the
                        appropriate planning office of the State in
                        which the private forest land is located; and
                            ``(ii) threatened by present or future
                        conversion to nonforest use.
            ``(2) Grants.--
                    ``(A) Projects and activities.--
                            ``(i) In general.--In carrying out this
                        section, the Secretary shall award grants to
                        eligible entities to carry out a project or
                        activity described in clause (ii).
                            ``(ii) Types.--A project or activity
                        referred to in clause (i) is a project or
                        activity that--
                                    ``(I) is carried out to preserve
                                private forest land or contain suburban
                                sprawl; and
                                    ``(II) provides for guaranteed
                                public access to land on which the
                                project or activity is carried out,
                                unless the appropriate State planning
                                office requests, and provides
                                justification for the request, that
                                that requirement be waived.
                    ``(B) Application.--An eligible entity that seeks
                to receive a grant under this section shall submit to
                the Secretary, in such form as the Secretary shall
                prescribe, an application for the grant (including a
                description of any private forest land to be preserved
                using funds from the grant).
                    ``(C) Approval or disapproval.--
                            ``(i) In general.--Subject to clause (ii),
                        as soon as practicable after the date on which
                        the Secretary receives an application under
                        subparagraph (B) or a resubmission under
                        subclause (II)(bb), the Secretary shall--
                                    ``(I)(aa) approve the application;
                                and
                                    ``(bb) award a grant to the
                                applicant; or
                                    ``(II)(aa) disapprove the
                                application; and
                                    ``(bb) provide the applicant a
                                statement that describes the reasons
                                why the application was disapproved
                                (including a deadline by which the
                                applicant may resubmit the
                                application).
                            ``(ii) Priority.--In awarding grants under
                        this section, the Secretary shall give priority
                        to applicants that propose to fund projects and
                        activities that promote, in addition to the
                        primary purposes of preserving private forest
                        land and containing suburban sprawl--
                                    ``(I) the active management, in a
                                sustainable manner, of private forest
                                land;
                                    ``(II) community and school
                                education programs and curricula
                                relating to sustainable forestry; and
                                    ``(III) community involvement in
                                determining the care and management of
                                forest resources.
            ``(3) Cost sharing.--
                    ``(A) In general.--The Federal share of the cost of
                carrying out any project or activity using funds from a
                grant awarded under this section shall not exceed \1/2\
                of the total cost of the project or activity.
                    ``(B) Assurances of non-federal share.--As a
                condition of receipt of a grant under this section, an
                eligible entity shall provide to the Secretary such
                assurances as the Secretary determines are sufficient
                to demonstrate that the non-Federal share of the cost
                of each project or activity to be funded by the grant
                has been secured.
                    ``(C) Form of non-federal share.--The non-Federal
                share of the cost of carrying out any project or
                activity described in subparagraph (A) may be provided
                in cash or in kind.
    ``(d) Use of Grant Funds for Purchases of Land or Easements.--
            ``(1) Purchases.--
                    ``(A) In general.--Except as provided in
                subparagraph (B), funds made available, and grants
                awarded, under this section may be used to purchase
                private forest land or interests in private forest land
                (including conservation easements) only from willing
                sellers at fair market value.
                    ``(B) Sales at less than fair market value.--A sale
                of private forest land or an interest in private forest
                land at less than fair market value shall be permitted
                only on certification by the landowner that the sale is
                being entered into willingly and without coercion.
            ``(2) Title.--Title to private forest land or an interest
        in private forest land purchased under paragraph (1) may be
        held, as determined appropriate by the Secretary, by--
                    ``(A) a State (including a political subdivision of
                a State); or
                    ``(B) a nonprofit organization.
    ``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
            ``(1) $50,000,000 for fiscal year 2003; and
            ``(2) such sums as are necessary for each fiscal year
        thereafter.''.

Summary: Suburban and Community Forestry and Open Space Initiative Act of 2001 - Amends the Cooperative Forestry Assistance Act of 1978 to establish in the Forest Service the Suburban and Community Forestry and Open Space Initiative, which shall provide grants to preserve private forest land and contain suburban sprawl.

A bill to amend the Cooperative Forestry Assistance Act of 1978 to establish a program to provide assistance to States and nonprofit organizations to preserve suburban open space and contain suburban sprawl, and for other purposes.