SECTION. 1. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.

    (a) Application to House of Representatives.--
            (1) In general.--The rights and protections of the Age
        Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
        seq.) shall, subject to paragraph (2), apply with respect to
        any individual who occupies an employment position or who is an
        applicant for an employment position, as well as to any
        employing authority of the House of Representatives.
            (2) Administration.--In the administration of this
        subsection, the remedies and procedures referred to in the Fair
        Employment Practices Resolution shall apply.
            (3) Exercise of rulemaking power.--The provisions of
        paragraph (2) are enacted by the House of Representatives as an
        exercise of the rulemaking power of the House of
        Representatives, with full recognition of the right of the
        House to change its rules, in the same manner, and to the same
        extent as in any other rule of the House.
    (b) Application to Instrumentalities of the Congress.--
            (1) In general.--The rights and protections of the Age
        Discrimination in Employment Act of 1967 (29 U.S.C. 621 et
        seq.) shall, subject to paragraph (2), apply with respect to
        any individual who is an employee of, or an applicant for
        employment with, an instrumentality of the Congress.
            (2) Establishment of remedies and procedures.--The chief
        official of each instrumentality of the Congress shall
        establish remedies and procedures to be utilized with respect
        to the rights and protections provided pursuant to paragraph
        (1).
            (3) Report to the congress.--The chief official of each
        instrumentality of the Congress shall, after establishing
        remedies and procedures for purposes of paragraph (2), submit
        to the Congress a report describing the remedies and
        procedures.

SEC. 2. APPLICATION OF FAIR LABOR STANDARDS ACT TO INSTRUMENTALITIES OF
              THE CONGRESS.

    (a) In General.--The rights and protections of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) shall, subject to
subsection (b), apply with respect to any individual who is employed by
an instrumentality of the Congress.
    (b) Establishment of Remedies and Procedures.--The chief official
of each instrumentality of the Congress shall establish remedies and
procedures to be utilized with respect to the rights and protections
provided pursuant to subsection (a).
    (c) Report to the Congress.--The chief official of each
instrumentality of the Congress shall, after establishing remedies and
procedures for purposes of subsection (b), submit to the Congress a
report describing the remedies and procedures.
    (d) Architect of the Capitol.--The Architect of the Capitol shall,
no later than 90 days after the date of enactment of this Act, submit a
report to the Congress describing steps taken to implement section 8(b)
of the Fair Labor Standards Amendments of 1989 (2 U.S.C. 60k(b)).

SEC. 3. RECOMMENDATIONS ON THE OCCUPATIONAL SAFETY AND HEALTH ACT.

    It is the sense of the House of Representatives that the Committee
on House Administration should review the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.) and make recommendations to
the House of Representatives regarding the application of such Act to
the House.

SEC. 4. JUDICIAL REVIEW.

    (a) Application to House of Representatives.--
            (1) In general.--Any individual who occupies an employment
        position or who is an applicant for an employment position, and
        who has been aggrieved by a violation of section 2(a) of the
        Fair Employment Practices Resolution (relating to
        nondiscrimination), section 1(a)(1) of this Act, section
        117(a)(2)(A) of the Civil Rights Act of 1991 (2 U.S.C. 60l),
        section 8(a)(1) of the Fair Labor Standards Amendment of 1989
        (2 U.S.C. 60k), or section 509(b)(2)(A) of the Americans with
        Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)(A)) may,
        following a final decision pursuant to the Fair Employment
        Practices Resolution regarding such violation, petition for
        review by the United States Court of Appeals for the Federal
        Circuit.
            (2) Violations by members of the house of
        representatives.--It is the sense of the House of
        Representatives that the Rules of the House of Representatives
        should be amended to address the issue of the source of
        payments made by the House to satisfy a judgment against a
        Representative in, or Delegate or Resident Commissioner to, the
        Congress who has been found guilty by the United States Court
        of Appeals for the Federal Circuit of a violation of one of the
        sections referred to in paragraph (1).
    (b) Application to the Instrumentalities of the congress.--
            (1) Age discrimination in employment act of 1967.--Any
        employee of an instrumentality of the Congress, who has been
        aggrieved by a violation of section 1(b)(1) of this Act may,
        following a final decision pursuant to section 1(b)(2) of this
        Act, petition for review by the United States Court of Appeals
        for the Federal Circuit.
            (2) Americans with disabilities act.--Any employee of an
        instrumentality of the Congress who has been aggrieved by a
        violation of section 509(c)(1) of the Americans with
        Disabilities Act of 1990 (42 U.S.C. 12209(c)(1)) may, following
        a final decision pursuant to subsection (c)(2) of such Act,
        petition for review by the United States Court of Appeals for
        the Federal Circuit.
            (3) Civil rights act of 1991.--Any employee of an
        instrumentality of the Congress who has been aggrieved by a
        violation of section 117(b)(1) of the Civil Rights Act of 1991
        (2 U.S.C. 60l) may, following a final decision pursuant to
        subsection (b)(3) of such Act, petition for review by the
        United States Court of Appeals for the Federal Circuit.
            (4) Fair labor standards act.--Any employee of an
        instrumentality of the Congress who has been aggrieved by a
        violation of section 2(a) of this Act may, following a final
        decision pursuant to section 2(b) of this Act, petition for
        review by the United States Court of Appeals for the Federal
        Circuit.
    (c) Scope of Judicial Review.--A petition for review authorized by
subsection (a) or (b) shall be filed not later than 90 days following
receipt by the aggrieved individual of a written final decision
referred to in such subsection. The court shall decide all relevant
questions of law and shall interpret constitutional and statutory
provisions. The court shall set aside the decision if the court
determines that the decision is--
            (1) arbitrary, capricious, an abuse of discretion, or
        otherwise not consistent with law;
            (2) not made consistent with required procedures; or
            (3) not supported by substantial evidence.
In making its determination, the court shall review the whole record or
those parts of the record cited by a party, and due account shall be
taken of prejudicial error. If the aggrieved individual is the
prevailing party in an appeal under this section, a reasonable
attorney's fee may be allowed by the court in accordance with the
standards established under section 706(k) of the Civil Rights Act of
1964 (42 U.S.C. 2000e-5(k)).''.

SEC. 5. CONFORMING AMENDMENTS.

    (a) Americans with Disabilities Act.--Section 509 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12209(b)(2)) is amended--
            (1) by amending subsection (b)(2)(B) to read as follows:
                    ``(B) Administration.--This paragraph shall be
                administered according to the Fair Employment Practices
                Resolution (House Resolution 558 of the One Hundredth
                Congress, as agreed to October 4, 1988), as
                incorporated into the Rules of the House of
                Representatives as rule LI, or any other provision or
                resolution that continues in effect the provisions of
                such resolution.''; and
            (2) in subsection (c)(2) by striking ``Such remedies and
        procedures shall apply exclusively.''.
    (b) Civil Rights Act of 1991.--Section 117 of the Civil Rights Act
of 1991 (2 U.S.C. 60l) is amended--
            (1) by amending subsection (a)(2)(B) to read as follows:
                    ``(B) Administration.--This paragraph shall be
                administered according to the Fair Employment Practices
                Resolution (House Resolution 558 of the One Hundredth
                Congress, as agreed to October 4, 1988), as
                incorporated into the Rules of the House of
                Representatives as rule LI, or any other provision or
                resolution that continues in effect the provisions of
                such resolution.''; and
            (2) in section (b)(2) by striking ``Such remedies and
        procedures shall apply exclusively, except for the employees
        who are defined as Senate employees, in section 301(c)(1).''.

SEC. 6. DEFINITIONS.

    For the purposes of this Act--
            (1) the terms ``employment position'' and ``employing
        authority'' have the meaning given such terms in the Fair
        Employment Practices Resolution;
            (2) the term ``Fair Employment Practices Resolution'' means
        House Resolution 558 of the One Hundredth Congress, as agreed
        to October 4, 1988, and as incorporated into the Rules of the
        House of Representatives as rule LI, or any other provision or
        resolution that continues in effect the provisions of such
        resolution; and
            (3) the term ``instrumentalities of the Congress'' shall
        include the following: the Architect of the Capitol, the
        Congressional Budget Office, the General Accounting Office, the
        Government Printing Office, the Library of Congress, the Office
        of Technology Assessment, and the United States Botanic Garden,
        except that--
                    (A) for purposes of sections 1(b) and 4(b)(1), such
                term shall not include the Library of Congress; and
                    (B) for purposes of section 4(b)(4), and of
                subsections (a), (b), and (c) of section 2, such term
                shall not include the Architect of the Capitol.

Summary: Applies the Age Discrimination in Employment Act of 1967 and the remedies and procedures referred to in the Fair Employment Practices Resolution to any: (1) employee of the House of Representatives, (2) employing authority of the House. Or (3) employee of the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, or the US Botanic Garden. Applies the Fair Labor Standards Act of 1938 to: (1) the Congressional Budget Office, (2) the General Accounting Office, (3) the Government Printing Office, (4) the Library of Congress, (5) the Office of Technology Assessment. And (6) the US Botanic Garden. Requires the Architect of the Capitol to report to the Congress on steps taken pursuant to the Fair Labor Standards Amendments of 1989 relating to the minimum wage rate of its employees. Expresses the sense of the House that the Committee on House Administration should make recommendations regarding the application of the Occupational Safety and Health Act to the House. Authorizes any employee of the House who has been aggrieved by a violation of the Fair Employment Practices Resolution , the Age Discrimination in Employment Act of 1967, the Civil Rights Act of 1991, the Fair Labor Standards Amendment of 1989, or the Americans with Disabilities Act of 1990 to petition for review by the US Court of Appeals for the Federal Circuit of the final decision pursuant to the Fair Employment Practices Resolution. Expresses the sense of the House that the Rules of the House should be amended to address the issue of the source of payments by the House to satisfy a judgment against a Member who has been found guilty of a violation of one of such Acts. Gives employees of instrumentalities of the Congress who have been aggrieved by the violations of the following Acts the right to petition for judicial review: (1) the Age Discrimination in Employment Act of 1967, (2) the Americans with Disabilities Act of 1990, (3) the Civil Rights Act of 1991, and (4) the Fair Labor Standards Act of 1938 .

To make the Age Discrimination in Employment Act of 1967 applicable to the House of Representatives and the instrumentalities of the Congress, to give certain employees of the House of Representatives and the instrumentalities of the Congress the right to petition for judicial review for violations of certain laws and rules concerning civil rights and employment practices, and for other purposes.


SECTION 1. SHORT TITLE; ETC.

    (a) Short Title.--This Act may be cited as the ``Growing Our
Manufacturing Employment Act'' or the ``GoMe Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. MANUFACTURER'S JOBS CREDIT.

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

``SEC. 45O. MANUFACTURER'S JOBS CREDIT.

    ``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the manufacturer's jobs credit determined under this
section is an amount equal to the lesser of the following:
            ``(1) The excess of the W-2 wages paid by the taxpayer
        during the taxable year over the W-2 wages paid by the taxpayer
        during the preceding taxable year.
            ``(2) The W-2 wages paid by the taxpayer during the taxable
        year to any employee who is an eligible TAA recipient (as
        defined in section 35(c)(2)) or an eligible alternative TAA
        recipient (as defined in section 35(c)(3)) for any month during
        such taxable year.
            ``(3) 31.7 percent of the W-2 wages paid by the taxpayer
        during the taxable year.
    ``(b) Limitation.--The amount of credit determined under subsection
(a) shall be reduced by an amount which bears the same ratio to the
amount of the credit (determined without regard to this subsection)
as--
            ``(1) the excess of the W-2 wages paid by the taxpayer to
        employees outside the United States during the taxable year
        over such wages paid during the most recent taxable year ending
        before the date of the enactment of this section, bears to
            ``(2) the excess of the W-2 wages paid by the taxpayer to
        employees within the United States during the taxable year over
        such wages paid during such most recent taxable year.
    ``(c) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any taxpayer--
            ``(1) which has domestic production gross receipts for the
        taxable year and the preceding taxable year, and
            ``(2) which is not treated at any time during the taxable
        year as an inverted domestic corporation under section 7874.
    ``(d) Definitions.--For purposes of this section, W-2 wages and
domestic production gross receipts shall be determined in the same
manner as under section 199.
    ``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
    ``(f) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2009.''.
    (b) Credit To Be Part of General Business Credit.--Section 38(b)
(relating to current year business credit) is amended by striking
``plus'' at the end of paragraph (30), by striking the period at the
end of paragraph (31) and inserting ``, plus'', and by adding at the
end the following:
            ``(32) the manufacturer's jobs credit determined under
        section 45O.''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 is amended by adding at the end
the following:

``Sec. 45O. Manufacturer's jobs credit''.
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

SEC. 3. EXTENSION OF RESEARCH CREDIT.

    (a) In General.--Section 41(h)(1)(B) is amended by striking
``2007'' and inserting ``2012''.
    (b) Conforming Amendment.--Section 45C(b)(1)(D) is amended by
striking ``2007'' and inserting ``2012''.
    (c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2007.

SEC. 4. CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.

    (a) In General.--Section 7701 is amended by redesignating
subsection (p) as subsection (q) and by inserting after subsection (o)
the following new subsection:
    ``(p) Clarification of Economic Substance Doctrine; Etc.--
            ``(1) General rules.--
                    ``(A) In general.--In any case in which a court
                determines that the economic substance doctrine is
                relevant for purposes of this title to a transaction
                (or series of transactions), such transaction (or
                series of transactions) shall have economic substance
                only if the requirements of this paragraph are met.
                    ``(B) Definition of economic substance.--For
                purposes of subparagraph (A)--
                            ``(i) In general.--A transaction has
                        economic substance only if--
                                    ``(I) the transaction changes in a
                                meaningful way (apart from Federal tax
                                effects) the taxpayer's economic
                                position, and
                                    ``(II) the taxpayer has a
                                substantial nontax purpose for entering
                                into such transaction and the
                                transaction is a reasonable means of
                                accomplishing such purpose.
                        In applying subclause (II), a purpose of
                        achieving a financial accounting benefit shall
                        not be taken into account in determining
                        whether a transaction has a substantial nontax
                        purpose if the origin of such financial
                        accounting benefit is a reduction of income
                        tax.
                            ``(ii) Special rule where taxpayer relies
                        on profit potential.--A transaction shall not
                        be treated as having economic substance by
                        reason of having a potential for profit
                        unless--
                                    ``(I) the present value of the
                                reasonably expected pre-tax profit from
                                the transaction is substantial in
                                relation to the present value of the
                                expected net tax benefits that would be
                                allowed if the transaction were
                                respected, and
                                    ``(II) the reasonably expected pre-
                                tax profit from the transaction exceeds
                                a risk-free rate of return.
                    ``(C) Treatment of fees and foreign taxes.--Fees
                and other transaction expenses and foreign taxes shall
                be taken into account as expenses in determining pre-
                tax profit under subparagraph (B)(ii).
            ``(2) Special rules for transactions with tax-indifferent
        parties.--
                    ``(A) Special rules for financing transactions.--
                The form of a transaction which is in substance the
                borrowing of money or the acquisition of financial
                capital directly or indirectly from a tax-indifferent
                party shall not be respected if the present value of
                the deductions to be claimed with respect to the
                transaction is substantially in excess of the present
                value of the anticipated economic returns of the person
                lending the money or providing the financial capital. A
                public offering shall be treated as a borrowing, or an
                acquisition of financial capital, from a tax-
                indifferent party if it is reasonably expected that at
                least 50 percent of the offering will be placed with
                tax-indifferent parties.
                    ``(B) Artificial income shifting and basis
                adjustments.--The form of a transaction with a tax-
                indifferent party shall not be respected if--
                            ``(i) it results in an allocation of income
                        or gain to the tax-indifferent party in excess
                        of such party's economic income or gain, or
                            ``(ii) it results in a basis adjustment or
                        shifting of basis on account of overstating the
                        income or gain of the tax-indifferent party.
            ``(3) Definitions and special rules.--For purposes of this
        subsection--
                    ``(A) Economic substance doctrine.--The term
                `economic substance doctrine' means the common law
                doctrine under which tax benefits under subtitle A with
                respect to a transaction are not allowable if the
                transaction does not have economic substance or lacks a
                business purpose.
                    ``(B) Tax-indifferent party.--The term `tax-
                indifferent party' means any person or entity not
                subject to tax imposed by subtitle A. A person shall be
                treated as a tax-indifferent party with respect to a
                transaction if the items taken into account with
                respect to the transaction have no substantial impact
                on such person's liability under subtitle A.
                    ``(C) Exception for personal transactions of
                individuals.--In the case of an individual, this
                subsection shall apply only to transactions entered
                into in connection with a trade or business or an
                activity engaged in for the production of income.
                    ``(D) Treatment of lessors.--In applying paragraph
                (1)(B)(ii) to the lessor of tangible property subject
                to a lease--
                            ``(i) the expected net tax benefits with
                        respect to the leased property shall not
                        include the benefits of--
                                    ``(I) depreciation,
                                    ``(II) any tax credit, or
                                    ``(III) any other deduction as
                                provided in guidance by the Secretary,
                                and
                            ``(ii) subclause (II) of paragraph
                        (1)(B)(ii) shall be disregarded in determining
                        whether any of such benefits are allowable.
            ``(4) Other common law doctrines not affected.--Except as
        specifically provided in this subsection, the provisions of
        this subsection shall not be construed as altering or
        supplanting any other rule of law, and the requirements of this
        subsection shall be construed as being in addition to any such
        other rule of law.
            ``(5) Regulations.--The Secretary shall prescribe such
        regulations as may be necessary or appropriate to carry out the
        purposes of this subsection. Such regulations may include
        exemptions from the application of this subsection.''.
    (b) Effective Date.--The amendments made by this section shall
apply to transactions entered into after the date of the enactment of
this Act.

Summary: Growing Our Manufacturing Employment Act or the GoMe Act - Amends the Internal Revenue Code to: (1) allow certain employers with domestic production gross receipts in the current and preceding taxable year a manufacturer's jobs tax credit through 2009 for annual increases in wages paid to their employees and to employees eligible for benefits under the Trade Adjustment Act. (2) extend through 2012 the tax credit for increasing research expenses. And (3) set forth rules for the application of the economic substance doctrine.

A bill to amend the Internal Revenue Code of 1986 to provide for a manufacturer's jobs credit, and for other purposes.


SECTION 1. ENERGY INNOVATION HUBS.

    (a) Authorization of Program.--
            (1) In general.--The Secretary of Energy shall carry out a
        program to enhance the Nation's economic, environmental, and
        energy security by making awards to consortia for establishing
        and operating Energy Innovation Hubs to conduct and support,
        whenever practicable at one centralized location,
        multidisciplinary, collaborative research, development,
        demonstration, and commercial application of advanced energy
        technologies.
            (2) Technology development focus.--The Secretary shall
        designate for each Hub a unique advanced energy technology
        focus.
            (3) Coordination.--The Secretary shall ensure the
        coordination of, and avoid unnecessary duplication of, the
        activities of Hubs with those of other Department of Energy
        research entities, including the National Laboratories, the
        Advanced Research Projects Agency--Energy, Energy Frontier
        Research Centers, and within industry.
    (b) Consortia.--
            (1) Eligibility.--To be eligible to receive an award under
        this section for the establishment and operation of a Hub, a
        consortium shall--
                    (A) be composed of no fewer than 2 qualifying
                entities; and
                    (B) operate subject to an agreement entered into by
                its members that documents--
                            (i) the proposed partnership agreement,
                        including the governance and management
                        structure of the Hub;
                            (ii) measures to enable cost-effective
                        implementation of the program under this
                        section;
                            (iii) a proposed budget, including
                        financial contributions from non-Federal
                        sources;
                            (iv) a plan for managing intellectual
                        property rights; and
                            (v) an accounting structure that enables
                        the Secretary to ensure that the consortium has
                        complied with the requirements of this section.
            (2) Application.--A consortium seeking to establish and
        operate a Hub under this section, acting through a prime
        applicant, shall transmit to the Secretary an application at
        such time, in such form, and accompanied by such information as
        the Secretary shall require, including a detailed description
        of the elements of the consortium agreement required under
        paragraph (1)(B). If the consortium members will not be located
        at one centralized location, such application shall include a
        communications plan that ensures close coordination and
        integration of the Hub's activities.
    (c) Selection and Schedule.--The Secretary shall select consortia
for awards for the establishment and operation of Hubs through
competitive selection processes. In selecting consortia, the Secretary
shall consider the information a consortium must disclose according to
subsection (b), as well as any existing facilities a consortium will
provide for Hub activities. Awards made to a Hub shall be for a period
not to exceed 5 years, after which the award may be renewed, subject to
a rigorous merit review. A Hub already in existence on the date of
enactment of this Act may continue to receive support for a period of 5
years beginning on the date of establishment of that Hub.
    (d) Hub Operations.--
            (1) In general.--Each Hub shall conduct or provide for
        multidisciplinary, collaborative research, development,
        demonstration, and, where appropriate, commercial application
        of advanced energy technologies within the technology
        development focus designated under subsection (a)(2). Each Hub
        shall--
                    (A) encourage collaboration and communication among
                the member qualifying entities of the consortium and
                awardees by conducting activities whenever practicable
                at one centralized location;
                    (B) develop and publish on the Department of
                Energy's website proposed plans and programs;
                    (C) submit an annual report to the Secretary
                summarizing the Hub's activities, including detailing
                organizational expenditures, and describing each
                project undertaken by the Hub; and
                    (D) monitor project implementation and
                coordination.
            (2) Conflicts of interest.--
                    (A) Procedures.--Hubs shall maintain conflict of
                interest procedures, consistent with those of the
                Department of Energy, to ensure that employees and
                consortia designees for Hub activities who are in
                decisionmaking capacities disclose all material
                conflicts of interest and avoid such conflicts.
                    (B) Disqualification and revocation.--The Secretary
                may disqualify an application or revoke funds
                distributed to a Hub if the Secretary discovers a
                failure to comply with conflict of interest procedures
                established under subparagraph (A).
            (3) Prohibition on construction.--
                    (A) In general.--No funds provided pursuant to this
                section may be used for construction of new buildings
                or facilities for Hubs. Construction of new buildings
                or facilities shall not be considered as part of the
                non-Federal share of a Hub cost-sharing agreement.
                    (B) Test bed and renovation exception.--Nothing in
                this subsection shall prohibit the use of funds
                provided pursuant to this section, or non-Federal cost
                share funds, for research or for the construction of a
                test bed or renovations to existing buildings or
                facilities for the purposes of research if the
                Secretary determines that the test bed or renovations
                are limited to a scope and scale necessary for the
                research to be conducted.
    (e) Termination.--Consistent with the existing authorities of the
Department, the Secretary may terminate an underperforming Hub for
cause during the performance period.
    (f) Definitions.--For purposes of this section:
            (1) Advanced energy technology.--The term ``advanced energy
        technology'' means--
                    (A) an innovative technology--
                            (i) that produces energy from solar, wind,
                        geothermal, biomass, tidal, wave, ocean, or
                        other renewable energy resources;
                            (ii) that produces nuclear energy;
                            (iii) for carbon capture and sequestration;
                            (iv) that enables advanced vehicles,
                        vehicle components, and related technologies
                        that result in significant energy savings;
                            (v) that generates, transmits, distributes,
                        utilizes, or stores energy more efficiently
                        than conventional technologies, including
                        through Smart Grid technologies; or
                            (vi) that enhances the energy independence
                        and security of the United States by enabling
                        improved or expanded supply and production of
                        domestic energy resources, including coal, oil,
                        and natural gas;
                    (B) research, development, demonstration, and
                commercial application activities necessary to ensure
                the long-term, secure, and sustainable supply of energy
                critical elements; or
                    (C) another innovative energy technology area
                identified by the Secretary.
            (2) Energy critical element.--The term ``energy critical
        element'' means any of a class of chemical elements that have a
        high risk of a supply disruption and are critical to one or
        more new, energy-related technologies such that a shortage of
        such element would significantly inhibit large-scale deployment
        of technologies that produce, transmit, store, or conserve
        energy.
            (3) Hub.--The term ``Hub'' means an Energy Innovation Hub
        established or operating in accordance with this section,
        including any Energy Innovation Hub existing as of the date of
        enactment of this Act.
            (4) Qualifying entity.--The term ``qualifying entity''
        means--
                    (A) an institution of higher education;
                    (B) an appropriate State or Federal entity,
                including the Department of Energy Federally Funded
                Research and Development Centers;
                    (C) a nongovernmental organization with expertise
                in advanced energy technology research, development,
                demonstration, or commercial application; or
                    (D) any other relevant entity the Secretary
                considers appropriate.

Summary: This bill requires the Department of Energy (DOE) to carry out a grant program to enhance the nation's economic, environmental, and energy security by making awards to consortia for establishing and operating Energy Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies. Advanced energy technologies are innovative technologies or research, development, demonstration, and commercial application activities necessary to ensure the long-term, secure, and sustainable supply of energy critical elements. These elements have a high risk of a supply disruption and are critical to new, energy-related technologies in that a shortage of the element would significantly inhibit large-scale deployment of technologies that produce, transmit, store, or conserve energy. Examples of advanced energy technology include an innovative technology that: produces energy from renewable energy resources, produces nuclear energy, includes carbon capture and sequestration. Enables advanced vehicles, vehicle components, and related technologies that result in significant energy savings. Generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies. And enhances the energy independence and security of the United States by enabling improved or expanded supply and production of domestic energy resources. DOE must designate a unique advanced energy technology focus for each hub. Grants may not be used for constructing new buildings or facilities for hubs. Further, construction of new buildings or facilities may not be considered as part of the non-federal share of a hub cost-sharing agreement. Grants and non-federal cost share funds may be used for research or for the construction of a test bed or renovations to existing buildings or facilities for the purposes of research.

To authorize Energy Innovation Hubs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``San Francisco Old Mint Commemorative
Coin Act''.

SEC. 2. FINDINGS.

    The Congress hereby finds as follows:
        (1) The Granite Lady played an important role in the history of
    the Nation.
        (2) The San Francisco Mint was established pursuant to an Act
    of Congress of July 3, 1852, to convert miners' gold from the
    California gold rush into coins.
        (3) The San Francisco Old Mint Building was designed by
    architect A.B. Mullett, who also designed the United States
    Treasury Building and the Old Executive Office Building.
        (4) The solid construction of the Granite Lady enabled it to
    survive the 1906 San Francisco earthquake and fire, making it the
    only financial institution that was able to operate immediately
    after the earthquake as the treasury for disaster relief funds for
    the city of San Francisco.
        (5) Coins struck at the San Francisco Old Mint are
    distinguished by the ``S'' mint mark.
        (6) The San Francisco Old Mint is famous for having struck many
    rare, legendary issues, such as the 1870-S $3 coin, which is valued
    today at well over $1,000,000, and the 1894-S dime which is
    comparatively rare.
        (7) The San Francisco Old Mint Commemorative Coin will be the
    first commemorative coin to honor a United States mint.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--Notwithstanding any other provision of law, and
in commemoration of the San Francisco Old Mint, the Secretary of the
Treasury (hereafter in this Act referred to as the ``Secretary'') shall
mint and issue the following coins:
        (1) $5 gold coins.--Not more than 100,000 $5 coins, which
    shall--
            (A) weigh 8.359 grams;
            (B) have a diameter of 0.850 inches; and
            (C) contain 90 percent gold and 10 percent alloy.
        (2) $1 silver coins.--Not more than 500,000 $1 coins, which
    shall--
            (A) weigh 26.73 grams;
            (B) have a diameter of 1.500 inches; and
            (C) contain 90 percent silver and 10 percent copper.
    (b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--
        (1) In general.--The design of the coins minted under this Act
    shall be emblematic of the San Francisco Old Mint Building, its
    importance to California and the history of the United States, and
    its role in rebuilding San Francisco after the 1906 earthquake and
    fire.
        (2) Designation and inscriptions.--On each coin minted under
    this Act there shall be--
            (A) a designation of the value of the coin;
            (B) an inscription of the year ``2006''; and
            (C) inscriptions of the words ``Liberty'', ``In God We
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (b) Selection.--The design for the coins minted under this Act
shall be--
        (1) selected by the Secretary, after consultation with the
    Commission of Fine Arts, and the Board of the San Francisco Museum
    and Historical Society; and
        (2) reviewed by the Citizens Coinage Advisory Committee.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
    (b) Mint Facility.--The coins authorized under this Act shall be
struck at the San Francisco Mint to the greatest extent possible.
    (c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2006.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
        (1) the face value of the coins;
        (2) the surcharge provided in section 7(a) with respect to such
    coins; and
        (3) the cost of designing and issuing the coins (including
    labor, materials, dies, use of machinery, overhead expenses,
    marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
    (c) Prepaid Orders.--
        (1) In general.--The Secretary shall accept prepaid orders for
    the coins minted under this Act before the issuance of such coins.
        (2) Discount.--Sale prices with respect to prepaid orders under
    paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
        (1) A surcharge of $35 per coin for the $5 coin.
        (2) A surcharge of $10 per coin for the $1 coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the San Francisco Museum and Historical Society for use for the
purposes of rehabilitating the Historic Old Mint in San Francisco as a
city museum and an American Coin and Gold Rush Museum.
    (c) Audits.--The San Francisco Museum and Historical Society shall
be subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received by the Fund
under subsection (b).
    (d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.

SEC. 8. TECHNICAL CORRECTION.

    Notwithstanding the fifth sentence of section 5112(d)(1) of title
31, United States Code, the Secretary of the Treasury may continue to
issue, after December 31, 2005, numismatic items that contain 5-cent
coins minted in the years 2004 and 2005.

                               Speaker of the House of Representatives.

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

Summary: San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and US history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Sets forth: (1) coin specifications, (2) design requirements. And (3) guidelines for coin sales. Requires a surcharge of $35 for the $5 coin and of $10 for the $1 coin. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society to rehabilitate the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum. Prohibits a surcharge with respect to the issuance of any coin under this Act during a calendar year if such issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation under specified law. Permits the Secretary of the Treasury to continue to issue, after December 31, 2005, numismatic items that contain 5-cent coins minted in the years 2004 and 2005.

To require the Secretary of the Treasury to mint coins in commemoration of the Old Mint at San Francisco, otherwise known as the "Granite Lady", and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Regional Energy
Partnerships for Advancing Resilient Energy Systems Act'' or the
``PREPARE Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) energy systems in the United States are in a period of
        significant change;
            (2) aging infrastructure, new technologies, increasing
        complexity, and growing threats are posing new challenges to
        energy systems and their resilience;
            (3) the interconnected nature of energy systems means
        regional energy strategies and plans will be more effective at
        preparing for challenges and mitigating risks;
            (4) States have distinct needs and unique energy,
        environmental, and economic goals and will play a critical role
        in developing and implementing regional energy strategies and
        plans;
            (5) the views and participation of a broad range of
        stakeholders in the development and implementation of regional
        energy strategies and plans is needed for success; and
            (6) the Federal Government, in the role of a long-term
        strategic energy partner, can effectively--
                    (A) establish strategic alliances with States;
                    (B) convene stakeholders;
                    (C) facilitate the process of developing regional
                energy strategies and plans; and
                    (D) provide technical assistance and support in
                implementation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Cooperative agreement.--The term ``cooperative
        agreement'' has the meaning given the term in sections 6302 and
        6305 of title 31, United States Code.
            (2) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Energy, acting through the
                Assistant Secretary of the Office of Electricity
                Delivery and Energy Reliability in consultation with
                the Assistant Secretary of Energy Efficiency and
                Renewable Energy, the Assistant Secretary of Fossil
                Energy, and the Director of the Office of Nuclear
                Energy, Science, and Technology Programs; and
                    (B) the Secretary of the Interior, acting through
                the Assistant Secretary for Land and Minerals
                Management in consultation with the Director of the
                Bureau of Land Management, the Director of the Bureau
                of Ocean Energy Management, the Assistant Secretary for
                Indian Affairs, and the Assistant Secretary for Fish
                and Wildlife and Parks.
            (3) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico; and
                    (D) any other territory or possession of the United
                States.

SEC. 4. REGIONAL ENERGY PARTNERSHIPS.

    (a) In General.--The Secretaries shall provide assistance in
accordance with this section for the purpose of developing energy
strategies and plans that help harmonize and promote national,
regional, and State energy goals, including goals for advancing
resilient energy systems to mitigate risks and prepare for emerging
energy challenges.
    (b) Technical Assistance.--The Secretaries may provide such
technical assistance to States, political subdivisions of States,
substate regional organizations (including organizations that cross
State boundaries), multistate regional organizations, Indian tribes,
and nonprofit organizations as the Secretaries determine appropriate to
promote--
            (1) the development and improvement of regional energy
        strategies and plans that sustain and promote energy system
        modernization across the United States;
            (2) investment in energy infrastructure, technological
        capacity, innovation, and workforce development to keep pace
        with the changing energy ecosystem;
            (3) structural transformation of the financial, regulatory,
        legal, and institutional systems that govern energy planning,
        production, and delivery within States and regions; and
            (4) public-private partnerships for the implementation of
        regional energy strategies and plans.
    (c) Cooperative Agreements.--
            (1) In general.--The Secretaries may enter into cooperative
        agreements with 1 or more States and Indian tribes, on a
        regional basis, to develop and implement strategies and plans
        to address the energy challenges of States, Indian tribes, and
        regions.
            (2) Requirements.--A cooperative agreement entered into
        under this subsection shall include provisions covering or
        providing--
                    (A) the purpose and goals of the cooperative
                agreement, such as advancing energy efficiency, clean
                energy, fuel and supply diversity, energy system
                resiliency, economic development, or other goals to
                make measurable, significant progress toward specified
                metrics and objectives that are agreed to by the States
                or Indian tribes and the Secretaries;
                    (B) the roles and responsibilities of the States or
                Indian tribes and the Secretaries for various functions
                of the cooperative agreement, including outreach,
                communication, resources, and capabilities;
                    (C) a comprehensive framework for the development
                of energy strategies and plans for States, Indian
                tribes, or regions;
                    (D) timeframes with associated metrics and
                objectives;
                    (E) a governance structure to resolve conflicts and
                facilitate decisionmaking consistent with underlying
                authorities; and
                    (F) other provisions determined necessary by the
                Secretaries, in consultation with the States or Indian
                tribes, to achieve the purposes described in paragraph
                (1).
    (d) Staff.--
            (1) In general.--Not later than 30 days after the date of
        the entering into a cooperative agreement under subsection (c),
        the Secretaries shall, as appropriate, assign or employ
        individuals who have expertise in the technical and regulatory
        issues relating to the cooperative agreement, including
        particular expertise in (as applicable)--
                    (A) energy systems integration;
                    (B) renewable energy and energy efficiency;
                    (C) innovative financing mechanisms;
                    (D) utility regulatory policy;
                    (E) modeling and analysis;
                    (F) facilitation and arbitration;
                    (G) energy assurance and emergency preparedness;
                and
                    (H) cyber and physical security of energy systems.
            (2) Duties.--Each individual assigned to carry out a
        cooperative agreement under paragraph (1) shall--
                    (A) report to a location in the applicable State,
                Indian tribe, or region not later than 90 days after
                the date of assignment;
                    (B) be responsible for issues and technical
                assistance relating to the cooperative agreement;
                    (C) participate as part of the team of personnel
                working on developing and implementing the applicable
                regional energy strategy and plan; and
                    (D) build capacity within the State, Indian tribe,
                or region to continue to implement the goals of this
                Act after the expiration of the cooperative agreement.
    (e) Comprehensive Framework.--Under a cooperative agreement, a
comprehensive framework shall be developed that identifies
opportunities and actions across various energy sectors and cross-
cutting issue areas, including--
            (1) end-use efficiency;
            (2) energy supply, including electric generation and fuels;
            (3) energy delivery;
            (4) transportation;
            (5) technical integration, including standards and
        interdependencies;
            (6) institutional structures;
            (7) regulatory policies;
            (8) financial incentives; and
            (9) market mechanisms.
    (f) Awards.--
            (1) Definitions.--In this subsection:
                    (A) Application group.--The term ``application
                group'' means a group of States or Indian tribes that
                have--
                            (i) entered into a cooperative agreement,
                        on a regional basis, with the Secretaries under
                        subsection (c); and
                            (ii) submitted an application for an award
                        under paragraph (2)(A).
                    (B) Partner state.--The term ``partner State''
                means a State or Indian tribe that is part of an
                application group.
            (2) Applications.--
                    (A) In general.--Subject to subparagraph (B), an
                application group may apply to the Secretaries for
                awards under this subsection.
                    (B) Individual states.--An individual State or
                Indian tribe that has entered into a cooperative
                agreement with the Secretaries under subsection (c) may
                apply to the Secretaries for an award under this
                subsection if the State or Indian tribe demonstrates to
                the Secretaries the uniqueness of the energy challenges
                facing the State or Indian tribe.
            (3) Base amount.--Subject to paragraph (4), the Secretaries
        shall provide 6 awards under this subsection, with a base
        amount of $20,000,000 for each award.
            (4) Bonus amount for application groups.--
                    (A) In general.--Subject to subparagraph (B), the
                Secretaries shall increase the amount of an award
                provided under this subsection to an application group
                for a successful application under paragraph (2)(A) by
                the quotient obtained by dividing--
                            (i) the product obtained by multiplying--
                                    (I) the number of partner States in
                                the application group; and
                                    (II) $100,000,000; by
                            (ii) the total number of partner States of
                        all successful applications under this
                        subsection.
                    (B) Maximum amount.--The amount of a bonus
                determined under subparagraph (A) shall not exceed an
                amount that represents $5,000,000 for each partner
                State that is a member of the relevant application
                group.
            (5) Limitation.--A State or Indian tribe shall not be part
        of more than 1 award under this subsection.
            (6) Selection criteria.--In selecting applications for
        awards under this subsection, the Secretaries shall consider--
                    (A) existing commitments from States or Indian
                tribes, such as memoranda of understanding;
                    (B) for States that are part of the contiguous 48
                States, the number of contiguous States involved that
                cover a region;
                    (C) the diversity of the regions represented by all
                applications;
                    (D) the amount of cost-share or in-kind
                contributions from States or Indian tribes;
                    (E) the scope and focus of regional and State
                programs and strategies, with an emphasis on energy
                system resiliency and grid modernization, efficiency,
                and clean energy;
                    (F) a management and oversight plan to ensure that
                objectives are met;
                    (G) an outreach plan for the inclusion of
                stakeholders in the process for developing and
                implementing State or regional energy strategies and
                plans;
                    (H) the inclusion of tribal entities;
                    (I) plans to fund and sustain activities identified
                in regional energy strategies and plans; and
                    (J) the clarity of roles and responsibilities of
                each State and the Secretaries.
            (7) Use of awards.--
                    (A) In general.--Awards provided under this
                subsection shall be used to achieve the purpose of this
                section, including by--
                            (i) conducting technical analyses, resource
                        studies, and energy system baselines;
                            (ii) convening and providing education to
                        stakeholders on emerging energy issues;
                            (iii) building decision support and
                        planning tools; and
                            (iv) improving communication between and
                        participation of stakeholders.
                    (B) Limitation.--Awards provided under this
                subsection shall not be used for--
                            (i) capitalization of green banks or loan
                        guarantees; or
                            (ii) building facilities or funding capital
                        projects.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
out this Act $250,000,000, to remain available until expended.
    (b) Allocation.--Of the amount authorized to be appropriated under
subsection (a)--
            (1) $120,000,000 shall be used for the base amount of
        awards under section 4(f)(3);
            (2) $100,000,000 shall be used for the bonus amount of
        awards under section 4(f)(4); and
            (3) $30,000,000 shall be for the administration of this
        Act, including--
                    (A) the assignment of staff under section 4(d); and
                    (B) if the Secretaries determine appropriate, the
                sharing of best practices from regional partnerships by
                parties to cooperative agreements entered into under
                this Act.
    (c) State Energy Offices.--Funds provided to a State under this Act
shall be provided to the office within the State that is responsible
for developing the State energy plan for the State under part D of
title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et
seq.).
    (d) Maintenance of Funding.--The funding provided to States under
this Act shall supplement (and not supplant) funding provided under
part D of title III of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).

Summary: Promoting Regional Energy Partnerships for Advancing Resilient Energy Systems Act or the PREPARE Act - Directs the Secretary of Energy (DOE) and the Secretary of the Interior to provide technical assistance to governmental entities, Indian tribes, and regional and nonprofit organizations to develop energy strategies that harmonize and promote national, regional, and state energy goals. Sets forth an awards program addressing the uniqueness of the energy challenges facing states and Indian tribes.

PREPARE Act


SECTION 1. FINDINGS.

    Congress finds that--
            (1) the Cape Fox Corporation (referred to in this Act as
        ``Cape Fox'') is a Village Corporation for the Native Village
        of Saxman, Alaska, organized pursuant to the Alaska Native
        Claims Settlement Act (43 U.S.C. 1601 et seq.);
            (2) similar to other Village Corporations in southeast
        Alaska, under section 16 of that Act (43 U.S.C. 1615), Cape Fox
        could select only 23,040 acres from land withdrawn for the
        purpose of that selection;
            (3) under section 22(l) of that Act (43 U.S.C. 1621(l))--
                    (A) the Village Corporations in southeast Alaska,
                other than Cape Fox, were restricted with respect to
                the selection of land within 2 miles of a home rule
                city (as that term is used in that Act); and
                    (B) to protect the watersheds in the vicinity, Cape
                Fox was restricted with respect to the selection of
                land within 6 miles of the boundary of the home rule
                city of Ketchikan, Alaska;
            (4) the 6-mile restriction described in paragraph (3)(B)
        precluded Cape Fox from selecting valuable timber land,
        industrial sites, and other commercial property located--
                    (A) within the townships in which the Native
                Village of Saxman is located, more particularly
                described as T.75 S., T.76 S., R.91 E., Copper River
                Meridian; and
                    (B) on surrounding land that is far removed from
                Ketchikan, Alaska, and its watersheds;
            (5) as a result of that 6-mile restriction, only the
        remote, mountainous, northeast corner of the property described
        in paragraph (4)(A), which is nonproductive and has no known
        economic value, was available for selection by Cape Fox, as
        required under section 16(b) of the Alaska Native Claims
        Settlement Act (43 U.S.C. 1615(b));
            (6) land selections by Cape Fox under that Act were further
        limited by the fact that--
                    (A) the Annette Island Indian Reservation is
                located within the applicable selection area; and
                    (B) land of that reservation is unavailable for
                selection by Cape Fox;
            (7) Cape Fox is the only Village Corporation affected by
        the restrictions described in paragraphs (3)(B) and (6);
            (8) the Secretary of the Interior (referred to in this Act
        as the ``Secretary'') has advised Congress that the predicament
        of Cape Fox is sufficiently unique to warrant the legislative
        remedy provided by this Act; and
            (9) the adjustment of the selections available and
        conveyances of land to Cape Fox under the Alaska Native Claims
        Settlement Act (43 U.S.C. 1601 et seq.), and the related
        adjustment of selections available and conveyances of land to
        the Regional Corporation for Sealaska established pursuant to
        that Act, are in accordance with--
                    (A) the purposes of that Act; and
                    (B) the public interest.

SEC. 2. WAIVER OF CORE TOWNSHIP REQUIREMENT FOR CERTAIN LAND.

    Notwithstanding section 16(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1615(b)), Cape Fox shall not be required to
select or receive conveyance of the approximately 160 acres of
unconveyed Federal land located within sec. 1, T.75 S., R.91 E., Copper
River Meridian.

SEC. 3. SELECTION OUTSIDE EXTERIOR SELECTION BOUNDARY.

    (a) Selection and Conveyance of Surface Estate.--Not later than 90
days after the date of enactment of this Act, in addition to land made
available for selection under the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), Cape Fox may select, and, on receiving
written notice of the selection, the Secretary shall convey, the
approximately 99 acres of the surface estate of Tongass National Forest
land located outside the exterior selection boundary of Cape Fox (as in
existence on the day before the date of enactment of this Act) and more
particularly described as follows:
            (1) T.73 S., R.90 E., Copper River Meridian.
            (2) Of land located in sec. 33--
                    (A) the 38 acres located within the SW\1/4\SE\1/4\;
                    (B) the 13 acres located within the NW\1/4\SE\1/4\;
                    (C) the 40 acres located within the SE\1/4\SE\1/4\;
                and
                    (D) the 8 acres located within the SE\1/4\SW\1/4\.
    (b) Conveyance of Subsurface Estate.--On conveyance to Cape Fox of
the surface estate to the land identified in subsection (a), the
Secretary shall convey to Sealaska Corporation the subsurface estate to
the land.
    (c) Timing.--The Secretary shall complete the conveyances to Cape
Fox and Sealaska Corporation under this section as soon as practicable
after the date on which the Secretary receives a notice of the
selection of Cape Fox under subsection (a).
    (d) Entitlement Fulfilled.--
            (1) Definition of approved conveyance.--The term ``approved
        conveyance'' means the conveyance of the 40 acres described as
        the SW\1/4\NE\1/4\ of sec. 10, T.74 S., R.90 E., Copper River
        Meridian, selected and approved for conveyance by the decision
        of the Bureau of Land Management dated May 3, 2000.
            (2) Treatment as full entitlement.--The conveyance of land
        to Cape Fox and Sealaska Corporation pursuant to subsection (a)
        and the approved conveyance shall be considered to fulfill the
        entitlement of--
                    (A) Cape Fox under section 16 of the Alaska Native
                Claims Settlement Act (43 U.S.C. 1615); and
                    (B) Sealaska Corporation to any subsurface interest
                in the land under section 14(f) of that Act (43 U.S.C.
                1613(f)).

Summary: Declares that the Cape Fox Corporation of Saxman, Alaska, shall not be required to select or receive conveyance of specified unconveyed federal land. Allows Cape Fox to select, and requires the Secretary of the Interior to convey, on receiving written notice of the selection, the approximately 99 acres of the surface estate of Tongass National Forest land located outside the exterior selection boundary of Cape Fox. Requires the Secretary, on conveyance to Cape Fox of the surface estate to such land, to convey its subsurface estate to Sealaska Corporation.

A bill to provide equitable treatment for the people of the Village Corporation established for the Native Village of Saxman, Alaska, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Uphold Our Promise to Veterans
Act''.

SEC. 2. REPEAL OF ANNUAL ADJUSTMENT OF RETIRED PAY AND RETAINER PAY
              AMOUNTS FOR RETIRED MEMBERS OF THE ARMED FORCES UNDER AGE
              62.

    Section 403 of the Bipartisan Budget Act of 2013 is hereby
repealed.

SEC. 3. LIMITATIONS ON FOREIGN ASSISTANCE.

    (a) Foreign Assistance to the Government of Egypt.--
            (1) Restrictions on assistance under section 7008.--In
        accordance with section 7008 of the Department of State,
        Foreign Operations, and Related Programs Act, 2012 (division I
        of Public Law 112-74; 125 Stat. 1195), the United States
        Government, including the Department of State, shall refrain
        from providing to the Government of Egypt the assistance
        restricted under such section.
            (2) Additional restrictions.--In addition to the
        restrictions referred to in paragraph (1), the following
        restrictions shall be in effect with respect to United States
        assistance to the Government of Egypt:
                    (A) Deliveries of defense articles currently slated
                for transfer to Egyptian Ministry of Defense (MOD) and
                Ministry of Interior (MOI) shall be suspended until the
                President certifies to Congress that democratic
                national elections have taken place in Egypt followed
                by a peaceful transfer of power.
                    (B) Provision of defense services to Egyptian MOD
                and MOI shall be halted immediately until the President
                certifies to Congress that democratic national
                elections have taken place in Egypt followed by a
                peaceful transfer of power.
                    (C) Processing of draft Letters of Offer and
                Acceptance (LOAs) for future arms sales to Egyptian MOD
                and MOI entities shall be halted until the President
                certifies to Congress that democratic national
                elections have taken place in Egypt followed by a
                peaceful transfer of power.
                    (D) All costs associated with the delays in
                deliveries and provision of services required under
                subparagraphs (A) through (C) shall be borne by the
                Government of Egypt.
    (b) Other Limitations on Foreign Assistance.--
            (1) Prohibition.--No amounts may be obligated or expended
        to provide any direct United States assistance, loan guarantee,
        or debt relief to a Government described under paragraph (2).
            (2) Covered governments.--The Governments referred to in
        paragraph (1) are as follows:
                    (A) The Government of Libya.
                    (B) The Government of Pakistan.
                    (C) The Government of a host country of a United
                States diplomatic facility on the list submitted to
                Congress pursuant to paragraph (3).
            (3) Determination by secretary.--The Secretary of State
        shall submit to Congress a list of all United States diplomatic
        facilities attacked, trespassed upon, breached, or attempted to
        be attacked, trespassed upon, or breached on or after September
        1, 2012, not later than 5 days after the date of enactment of
        this Act and not later than 5 days after any subsequent attack,
        trespass, breach, or attempt.
            (4) Certification.--Beginning 90 days after the date of the
        enactment of this Act, the President may certify to Congress
        that--
                    (A) a Government described under paragraph (2)--
                            (i) is cooperating or has cooperated fully
                        with investigations into an attack, trespass,
                        breach, or attempted attack, trespass, or
                        breach;
                            (ii) has arrested or facilitated the arrest
                        of, and if requested has permitted extradition
                        of, all identifiable persons in such country
                        associated with organizing, planning, or
                        participating in the attack, trespass, breach,
                        or attempted attack, trespass, or breach;
                            (iii) is facilitating or has facilitated
                        any security improvements at United States
                        diplomatic facilities, as requested by the
                        United States Government; and
                            (iv) is taking or has taken sufficient
                        steps to strengthen and improve reliability of
                        local security in order to prevent any future
                        attack, trespass, or breach; and
                    (B) all identifiable persons associated with
                organizing, planning, or participating in the attack,
                trespass, breach, or attempted attack, trespass, or
                breach--
                            (i) have been identified by the Federal
                        Bureau of Investigation, the Bureau of
                        Diplomatic Security, or other United States law
                        enforcement entity; and
                            (ii) are in United States custody.
            (5) Request to suspend prohibition on foreign assistance.--
        Upon submitting a certification under paragraph (4) with
        respect to a Government described under paragraph (2), the
        President may submit a request to Congress to suspend the
        prohibition on foreign assistance to the Government.
    (c) Effective Date.--This section takes effect on the date of the
enactment of this Act and applies with respect to funds made available
to any Federal department or agency beginning with fiscal year 2015.

SEC. 4. AUTHORIZATION TO SELL LAND.

    (a) Authorization.--For each of fiscal years 2014 through 2024 or
when the authority under this section is terminated in accordance with
subsection (d), whichever occurs first, subject to valid existing
rights, the Secretary of the Interior or the Secretary of Agriculture,
as the case may be, shall offer for competitive sale by auction all
right, title, and interest, to the extent provided in subsection
(b)(2), in and to the following:
            (1) Eight percent of the Federal land managed by the Bureau
        of Land Management.
            (2) Eight percent of the National Forest System land.
    (b) Terms and Conditions.--
            (1) Configuration of land.--The Secretary concerned shall
        configure the land to be sold to maximize marketability or
        achieve management objectives, and may prescribe such terms and
        conditions on the land sales authorized by this Act as the
        Secretary deems in the public interest.
            (2) Mineral rights.--For each fiscal year, the Secretary
        concerned may include in the sale of land under subsection (a)
        the mineral rights to such land for not more than 50 percent of
        the total acreage sold under subsection (a) by that Secretary,
        if the Secretary determines that such inclusion is likely to
        maximize marketability.
    (c) Proceeds From the Sale of Land.--All proceeds from the sale of
land under this section shall be deposited into the Treasury and
applied--
            (1) to reduce the annual Federal budget deficit for the
        fiscal year in which the sums are received, except as provided
        in paragraph (2); and
            (2) if there is no annual Federal budget deficit for the
        fiscal year in which the sums are received, to reduce the
        outstanding Federal debt.
    (d) Termination of Authority.--The authority under this section
shall terminate when the proceeds deposited into the Treasury under
subsection (c) equal $3,500,000 or at the end of fiscal year 2024,
whichever occurs first.

Summary: Uphold Our Promise to Veterans Act - Repeals the provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Suspendsnbsp, delivery of defense articles and servicesnbsp. To the Government of Egypt until democratic elections and a peaceful transfer of power have taken place. Prohibits assistancenbsp, to the Governments of Libya and Pakistan and tonbsp, any country where a USnbsp, diplomatic facilitynbsp. Has been attacked until the President certifies to Congress that such country has cooperated with investigations into such attack and have taken steps to prevent any future attack. Authorizes the sale of 8 of federal land managed by the Bureau of Land Management (BLM) and 8 of National Forest System land. nbsp. Requires proceeds from the sale of such land to be used to reduce the annual federal budget deficit or the outstanding national debt. Terminates the authority for the sale of such lands when sales proceeds equal $3.5 million or at the end of FY2024, whichever occurs first.

Uphold Our Promise to Veterans Act


SECTION 1. CONVEYANCE OF PRESQUE ISLE LIGHT STATION FRESNEL LENS TO
              PRESQUE ISLE TOWNSHIP, MICHIGAN.

    (a) Conveyance of Lens Authorized.--
            (1) Transfer of possession.--Notwithstanding any other
        provision of law, the Commandant of the Coast Guard may
        transfer to Presque Isle Township, a township in Presque Isle
        County in the State of Michigan (in this section referred to as
        the ``Township''), possession of the Historic Fresnel Lens (in
        this section referred to as the ``Lens'') from the Presque Isle
        Light Station Lighthouse, Michigan (in this section referred to
        as the ``Lighthouse'').
            (2) Condition.--As a condition of the transfer of
        possession authorized by paragraph (1), the Township shall, not
        later than one year after the date of transfer, install the
        Lens in the Lighthouse for the purpose of operating the Lens
        and Lighthouse as a Class I private aid to navigation pursuant
        to section 85 of title 14, United States Code, and the
        applicable regulations under that section.
            (3) Conveyance of lens.--Upon the certification of the
        Commandant that the Township has installed the Lens in the
        Lighthouse and is able to operate the Lens and Lighthouse as a
        private aid to navigation as required by paragraph (2), the
        Commandant shall convey to the Township all right, title, and
        interest of the United States in and to the Lens.
            (4) Cessation of united states operations of aids to
        navigation at lighthouse.--Upon the making of the certification
        described in paragraph (3), all active Federal aids to
        navigation located at the Lighthouse shall cease to be operated
        and maintained by the United States.
    (b) Reversion.--
            (1) Reversion for failure of aid to navigation.--If the
        Township does not comply with the condition set forth in
        subsection (a)(2) within the time specified in that subsection,
        the Township shall, except as provided in paragraph (2), return
        the Lens to the Commandant at no cost to the United States and
        under such conditions as the Commandant may require.
            (2) Exception for historical preservation.--Notwithstanding
        the lack of compliance of the Township as described in
        paragraph (1), the Township may retain possession of the Lens
        for installation as an artifact in, at, or near the Lighthouse
        upon the approval of the Commandant. The Lens shall be retained
        by the Township under this paragraph under such conditions for
        the preservation and conservation of the Lens as the Commandant
        shall specify for purposes of this paragraph. Installation of
        the Lens under this paragraph shall occur, if at all, not later
        than two years after the date of the transfer of the Lens to
        the Township under subsection (a)(1).
            (3) Reversion for failure of historical preservation.--If
        retention of the Lens by the Township is authorized under
        paragraph (2) and the Township does not install the Lens in
        accordance with that paragraph within the time specified in
        that paragraph, the Township shall return the lens to the Coast
        Guard at no cost to the United States and under such conditions
        as the Commandant may require.
    (c) Conveyance of Additional Personal Property.--
            (1) Transfer and conveyance of personal property.--
        Notwithstanding any other provision of law, the Commandant may
        transfer to the Township any additional personal property of
        the United States related to the Lens that the Commandant
        considers appropriate for conveyance under this section. If the
        Commandant conveys the Lens to the Township under subsection
        (a)(3), the Commandant may convey to the Township any personal
        property previously transferred to the Township under this
        subsection.
            (2) Reversion.--If the Lens is returned to the Coast Guard
        pursuant to subsection (b), the Township shall return to the
        Coast Guard all personal property transferred or conveyed to
        the Township under this subsection except to the extent
        otherwise approved by the Commandant.
    (d) Conveyance Without Consideration.--The conveyance of the Lens
and any personal property under this section shall be without
consideration.
    (e) Delivery of Property.--The Commandant shall deliver property
conveyed under this section--
            (1) at the place where such property is located on the date
        of the conveyance;
            (2) in condition on the date of conveyance; and
            (3) without cost to the United States.
    (f) Maintenance of Property.--As a condition of the conveyance of
any property to the Township under this section, the Commandant shall
enter into an agreement with the Township under which the Township
agrees--
            (1) to operate the Lens as a Class I private aid to
        navigation under section 85 of title 14, United States Code,
        and application regulations under that section; and
            (2) to hold the United States harmless for any claim
        arising with respect to personal property conveyed under this
        section.
    (g) Limitation on Future Conveyance.--The instruments providing for
the conveyance of property under this section shall--
            (1) require that any further conveyance of an interest in
        such property may not be made without the advance approval of
        the Commandant; and
            (2) provide that, if the Commandant determines that an
        interest in such property was conveyed without such approval--
                    (A) all right, title, and interest in such property
                shall revert to the United States, and the United
                States shall have the right to immediate possession of
                such property; and
                    (B) the recipient of such property shall pay the
                United States for costs incurred by the United States
                in recovering such property.
    (h) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with the conveyances
authorized by this section as the Commandant considers appropriate to
protect the interests of the United States.

Summary: Authorizes the Commandant of the Coast Guard to transfer to Presque Isle Township in Presque County, Michigan: (1) possession of the historic Fresnel Lens from the Presque Isle Light Station Lighthouse. And (2) any additional US personal property related to the Lens that the Commandant considers appropriate for conveyance. Requires the Township, as condition of the transfer of possession, to install the Lens in the Lighthouse as a Class I private aid to navigation. Instructs the Commandant, upon certification of the Commandant that the Township has installed the Lens and is able to operate the Lens and Lighthouse as a private aid to navigation, to convey to the Township all interest of the United States in and to the Lens. Allows the Commandant, if the Commandant conveys the Lens to the Township, to convey to the Township any personal property previously transferred to the Township under this Act.

A bill to provide for the conveyance of the Presque Isle Light Station Fresnel Lens to Presque Isle Township, Michigan.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Catching Operational Vulnerabilities
by Ensuring Random Testing Act of 2008'' or the ``COVERT Act of 2008''.

SEC. 2. PROHIBITION OF ADVANCE NOTICE OF COVERT TESTING TO SECURITY
              SCREENERS.

    Section 111 of the Aviation and Transportation Security Act (Public
Law 107-71; 49 U.S.C. 44935 note) is amended--
            (1) by striking the section enumerator and heading and
        inserting the following:

``SEC. 111. TRAINING, EMPLOYMENT, AND TESTING OF SECURITY SCREENING
              PERSONNEL.''; AND

            (2) by adding at the end the following:
    ``(e) Prohibition of Advance Notice to Security Screeners of Covert
Testing and Evaluation.--
            ``(1) In general.--The Secretary of Homeland Security shall
        ensure that information concerning a covert test of a
        transportation security system to be conducted by a covert
        testing office, the Inspector General of the Department of
        Homeland Security, or the Government Accountability Office is
        not provided to any individual prior to the completion of the
        test.
            ``(2) Exceptions.--Notwithstanding paragraph (1)--
                    ``(A) an individual may provide information
                concerning a covert test of a transportation security
                system to employees, officers, and contractors of the
                Federal Government (including military personnel);
                employees and officers of State and local governments;
                and law enforcement officials, who are authorized to
                receive or directed to be provided such information by
                the Assistant Secretary of Homeland Security
                (Transportation Security Administration), the Inspector
                General of the Department of Homeland Security, or the
                Comptroller General of the United States, as the case
                may be; and
                    ``(B) for the purpose of ensuring the security of
                any individual in the vicinity of a site where a covert
                test of a transportation security system is being
                conducted, an individual conducting the test may
                disclose his or her status as an individual conducting
                the test to any appropriate individual if a security
                screener or other individual who is not a covered
                employee identifies the individual conducting the test
                as a potential threat.
            ``(3) Special rules for the transportation security
        administration.--
                    ``(A) Monitoring and security of testing
                personnel.--The head of each covert testing office
                shall ensure that a person or group of persons
                conducting a covert test of a transportation security
                system for the covert testing office is accompanied at
                the site of the test by a cover team comprised of one
                or more employees of the covert testing office for the
                purpose of monitoring the test and confirming the
                identity of personnel involved in the test under
                subparagraph (B).
                    ``(B) Responsibility of cover team.--Under this
                paragraph, a cover team for a covert test of a
                transportation security system shall--
                            ``(i) monitor the test; and
                            ``(ii) for the purpose of ensuring the
                        security of any individual in the vicinity of a
                        site where the test is being conducted,
                        confirm, notwithstanding paragraph (1), the
                        identity of any individual conducting the test
                        to any appropriate individual if a security
                        screener or other individual who is not a
                        covered employee identifies the individual
                        conducting the test as a potential threat.
                    ``(C) Aviation screening.--Notwithstanding
                subparagraph (A), the Transportation Security
                Administration is not required to have a cover team
                present during a test of the screening of persons,
                carry-on items, or checked baggage at an aviation
                security checkpoint at or serving an airport if the
                test--
                            ``(i) is approved by the Federal Security
                        Director for such airport; and
                            ``(ii) is carried out under an aviation
                        screening assessment program of the Department
                        of Homeland Security.
                    ``(D) Use of other personnel.--The Transportation
                Security Administration may use employees, officers,
                and contractors of the Federal Government (including
                military personnel) and employees and officers of State
                and local governments to conduct covert tests.
            ``(4) Impact study and report on covert testing
        procedures.--
                    ``(A) Impact study.--The Secretary of Homeland
                Security shall conduct a study of the impact of the
                implementation of this subsection on the Department of
                Homeland Security's efforts to improve transportation
                security.
                    ``(B) Requirements.--The study under subparagraph
                (A) shall include an assessment of--
                            ``(i) the impact of the implementation of
                        this subsection on personnel of the Department
                        of Homeland Security;
                            ``(ii) the impact of such implementation on
                        information sharing within the Department;
                            ``(iii) best practices for integrating the
                        topic of covert testing into existing training
                        and testing programs for personnel of the
                        Department; and
                            ``(iv) the effectiveness of covert testing
                        as a method to improve security.
                    ``(C) Report.--Not later than 270 days after the
                date of the enactment of this subsection, the Secretary
                shall submit to the Committee on Homeland Security of
                the House of Representatives and the Committee on
                Homeland Security and Governmental Affairs of the
                Senate a report that contains--
                            ``(i) the results of the study under
                        subparagraph (A);
                            ``(ii) recommendations for changes to the
                        training of personnel of the Department that
                        are necessary to ensure compliance with the
                        requirements of this subsection; and
                            ``(iii) recommendations to improve the
                        effectiveness of the implementation of this
                        subsection.
            ``(5) Definitions.--For purposes of this subsection, the
        following definitions apply:
                    ``(A) Appropriate individual.--The term
                `appropriate individual', as used with respect to a
                covert test of a transportation security system, means
                any individual that--
                            ``(i) the individual conducting the test
                        determines needs to know his or her status as
                        an individual conducting a test under paragraph
                        (2)(B); or
                            ``(ii) the cover team monitoring the test
                        under paragraph (3)(B)(i) determines needs to
                        know the identity of an individual conducting
                        the test.
                    ``(B) Covered employee.--The term `covered
                employee' means any individual who receives notice of a
                covert test before the completion of a test under
                paragraph (2)(A).
                    ``(C) Covert test.--
                            ``(i) In general.--The term `covert test'
                        means an exercise or activity conducted by a
                        covert testing office, the Inspector General of
                        the Department of Homeland Security, or the
                        Government Accountability Office to
                        intentionally test, compromise, or circumvent
                        transportation security systems to identify
                        vulnerabilities in such systems.
                            ``(ii) Limitation.--Notwithstanding clause
                        (i), the term `covert test' does not mean an
                        exercise or activity by an employee or
                        contractor of the Transportation Security
                        Administration to test or assess compliance
                        with regulations under title 49 of the Code of
                        Federal Regulations.
                    ``(D) Covert testing office.--The term `covert
                testing office' means any office of the Transportation
                Security Administration designated by the Assistant
                Secretary of Homeland Security (Transportation Security
                Administration) to conduct covert tests of
                transportation security systems.
                    ``(E) Employee of a covert testing office.--The
                term `employee of a covert testing office' means an
                individual who is an employee of a covert testing
                office or a contractor or an employee of a contractor
                of a covert testing office.''.

            Passed the House of Representatives June 18, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Catching Operational Vulnerabilities by Ensuring Random Testing Act of 2008, or the COVERT Act of 2008 - Amends the Aviation and Transportation Security Act to require the Secretary of Homeland Security to make sure that advance notice of a covert test of a transportation security system is not provided to any individual before completion of the test, except: (1) that such information may be provided to certain federal, state, and local government employees, officers, and contractors. And (2) an individual conducting such a test may disclose his or her status if a security screener or other non-covered employee identifies such tester as a potential threat. Requires the head of each covert testing office to make sure that a covert testing person or group is accompanied by a cover team to monitor the test and confirm the identity of personnel involved. States, however, that a cover team is not required to be present during a test of the screening of persons or baggage at an aviation security checkpoint if the test: (1) is approved by the Federal Security Director for the airport. And (2) is administered under an aviation screening assessment program of the Department of Homeland Security. Directs the Secretary of Homeland Security to study and report to Congress on the impact of implementing covert testing procedures under this Act on the Department's efforts to improve transportation security.

To amend the Aviation and Transportation Security Act to prohibit advance notice to certain individuals, including security screeners, of covert testing of security screening procedures for the purpose of enhancing transportation security at airports, and for other purposes.