SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biodiesel Promotion and Quality
Assurance Act of 2007''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the promotion of the biodiesel industry of the United
        States is a critical component of an energy policy that reduces
        dependence on foreign sources of petroleum;
            (2) a strong biodiesel industry will--
                    (A) significantly enhance the energy security of
                the United States; and
                    (B) promote economic development and job creation
                (particularly in rural areas of the United States),
                while providing environmental, health, and greenhouse
                gas reduction benefits;
            (3) a federally-implemented biodiesel standard will result
        in the most efficient pricing for biodiesel across the United
        States;
            (4) it is critical to ensure that only high quality
        biodiesel is dispensed;
            (5) biodiesel contributes to cleaner air and lifecycle
        reductions of greenhouse gases;
            (6) biodiesel is an environmentally safe fuel, and is the
        most viable transportation fuel when measuring its carbon
        footprint, life cycle and energy balance;
            (7) the United States Department of Agriculture lifecycle
        study shows a 78.4 percent reduction in lifecycle CO2 for B100;
            (8) 1 billion gallons of biodiesel will reduce current life
        cycle greenhouse gas emissions by 16.12 billion pounds, the
        equivalent of removing 1.4 million passenger vehicles from
        America's roads; and
            (9) in 2006 alone, biodiesel's contribution to reducing
        greenhouse gas emissions was equal to removing 350,000
        passenger vehicles from America's roads.

SEC. 3. BIODIESEL FUEL STANDARD.

    Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by
inserting after subsection (o) the following:
    ``(p) Biodiesel Fuel.--
            ``(1) Definitions.--In this subsection:
                    ``(A) ASTM.--The term `ASTM' means the American
                Society of Testing and Materials.
                    ``(B) Bio-based diesel replacement.--The term `bio-
                based diesel replacement' means any type of bio-based
                renewable fuel derived from plant or animal matter
                that--
                            ``(i) may be used as a substitute for
                        standard diesel fuel; and
                            ``(ii) meets--
                                    ``(I) the registration requirements
                                for fuels and fuel additives under this
                                section; and
                                    ``(II) the requirements of
                                applicable ASTM standards.
                    ``(C) Biodiesel.--
                            ``(i) In general.--The term `biodiesel'
                        means the monoalkyl esters of long chain fatty
                        acids derived from plant or animal matter that
                        meet--
                                    ``(I) the registration requirements
                                for fuels and fuel additives under this
                                section; and
                                    ``(II) the requirements of ASTM
                                standard D6751.
                            ``(ii) Inclusion.--For the purpose of
                        measuring the applicable volume of the
                        biodiesel fuel standard under paragraph (2),
                        the term `biodiesel' includes any bio-based
                        diesel replacement that meets--
                                    ``(I) applicable registration
                                requirements for fuels and fuel
                                additives under this section; or
                                    ``(II) applicable ASTM standards.
                    ``(D) Biodiesel blend.--The term `biodiesel blend'
                means a blend of biodiesel fuel that meets the
                requirements of ASTM standard D6751 with petroleum-
                based diesel fuel.
            ``(2) Biodiesel fuel standard.--
                    ``(A) In general.--Not later than 1 year after the
                date of enactment of this subsection, the Administrator
                shall promulgate regulations to ensure that diesel fuel
                sold or introduced into commerce in the United States,
                on an annual average basis, contains the applicable
                volume of biodiesel determined in accordance with
                subparagraphs (B) and (C).
                    ``(B) Calendar years 2008 through 2012.--For the
                purpose of subparagraph (A), the applicable volume for
                any of calendar years 2008 through 2012 shall be
                determined in accordance with the following table:
                                        Applicable volume of biodiesel
``Calendar year:                              (in millions of gallons):
        2008...................................................    450
        2009...................................................    625
        2010...................................................    800
        2011...................................................  1,000
        2012...................................................  1,250.
                    ``(C) Calendar year 2013 and thereafter.--For the
                purpose of subparagraph (A), the applicable volume for
                calendar year 2013 and each calendar year thereafter
                shall be determined by the Administrator, in
                consultation with the Secretary of Energy and the
                Secretary of Agriculture, based on a review of the
                implementation of the program during calendar years
                2008 through 2012, including a review of--
                            ``(i) the impact of the use of renewable
                        fuels on the environment, air quality, energy
                        security, job creation, and rural economic
                        development; and
                            ``(ii) the expected annual rate of future
                        production of biodiesel.
                    ``(D) Minimum percentage of biodiesel.--For the
                purpose of subparagraph (B), at least 80 percent of the
                minimum applicable volume for each of calendar years
                2008 through 2012 shall be biodiesel.
                    ``(E) Compliance.--The regulations promulgated
                under subparagraph (A) shall contain compliance
                provisions applicable to refineries, blenders,
                distributors, and importers, as appropriate, to ensure
                that the requirements of this paragraph are met, but
                shall not--
                            ``(i) restrict geographic areas in which
                        biodiesel may be used; or
                            ``(ii) impose any per-gallon obligation for
                        the use of biodiesel.
                    ``(F) Waivers.--
                            ``(i) Market evaluation.--The
                        Administrator, in consultation with the
                        Secretary of Energy and the Secretary of
                        Agriculture, shall continually evaluate the
                        impact of the biodiesel requirements
                        established under this paragraph on the price
                        of diesel fuel.
                            ``(ii) Waiver.--If the Administrator
                        determines that there is a significant
                        biodiesel feedstock disruption or other market
                        circumstances that would make the price of
                        biodiesel fuel unreasonable, the Administrator,
                        with the concurrence of the Secretary of Energy
                        and the Secretary of Agriculture, shall issue
                        an order to reduce, for a 60-day period, the
                        quantity of biodiesel required under
                        subparagraph (A) by an appropriate quantity
                        that does not exceed 15 percent of the
                        applicable annual requirement for biodiesel.
                            ``(iii) Factors.--In making determinations
                        under this subparagraph, the Administrator
                        shall consider--
                                    ``(I) the purposes of this Act;
                                    ``(II) the differential between the
                                price of diesel fuel and the price of
                                biodiesel; and
                                    ``(III) the impact the biodiesel
                                mandate has on consumers.
                            ``(iv) Extensions.--If the Administrator
                        determines that the feedstock disruption or
                        circumstances described in clause (ii) is
                        continuing beyond the 60-day period described
                        in clause (ii) or this clause, the
                        Administrator, with the concurrence of the
                        Secretary of Energy and the Secretary of
                        Agriculture, may issue an order to reduce, for
                        an additional 60-day period, the quantity of
                        biodiesel required under subparagraph (A) by an
                        appropriate quantity that does not exceed an
                        additional 15 percent of the applicable annual
                        requirement for biodiesel.
                            ``(v) Restoration.--If the Administrator
                        determines that the feedstock disruption or
                        circumstances described in clause (ii) or (iv)
                        has concluded and that it is practicable, the
                        Administrator, with the concurrence of the
                        Secretary of Energy and the Secretary of
                        Agriculture, may issue an order to increase the
                        quantity of biodiesel required under
                        subparagraph (A) by an appropriate quantity to
                        account for the gallons of biodiesel not used
                        during the period a waiver or extension was in
                        effect under this subparagraph.
                    ``(G) Preemption.--
                            ``(i) In general.--Except as provided in
                        clause (ii) of this subparagraph, the
                        provisions of this section shall supersede any
                        law of any State or political subdivision
                        thereof insofar as it mandates the use of
                        biodiesel.
                            ``(ii) Construction and application.--
                        Nothing in this section shall be construed--
                                    ``(I) to supersede any biodiesel
                                mandate provided in any law described
                                in clause (i) that is enacted as of
                                January 1, 2008;
                                    ``(II) to prohibit a State or
                                political subdivision thereof from
                                mandating the use of biodiesel in
                                vehicles owned by such State or
                                political subdivisions thereof; or
                                    ``(III) to prohibit a State or
                                political subdivision thereof from
                                enacting financial incentives to
                                promote the voluntary use of
                                biodiesel.''.

SEC. 4. BIODIESEL QUALITY.

    Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545)
(as added by section 3(a)) is amended by adding at the end the
following:
            ``(3) Biodiesel quality.--
                    ``(A) Quality regulations.--Not later than 180 days
                after the date of enactment of this subsection, the
                Administrator, in consultation with the Secretary of
                Energy and the Secretary of Agriculture, shall
                promulgate regulations to ensure that only high-quality
                biodiesel that is consistent with appropriate ASTM
                International standards for biodiesel and biodiesel
                blends is introduced into commerce.
                    ``(B) Enforcement.--The Administrator shall
                establish an inspection program to ensure that
                biodiesel and biodiesel blends entering commerce meets
                the standards established under subparagraph (A).
                    ``(C) Violations.--Regardless of whether the
                Administrator promulgates regulations under
                subparagraph (A), it shall be a violation of this Act
                to produce or distribute--
                            ``(i) biodiesel or any bio-based diesel
                        replacement that does not meet the requirements
                        of ASTM standard D6751; or
                            ``(ii) a biodiesel blend that does not meet
                        the equivalent ASTM standard, as determined by
                        the Administrator.
                    ``(D) Funding.--There are authorized to be
                appropriated to carry out this paragraph $3,000,000 for
                each of fiscal years 2008 through 2010.''.

SEC. 5. BIODIESEL LABELING.

    Subsection (p) of section 211 of the Clean Air Act (42 U.S.C. 7545)
(as amended by section 4) is amended by adding at the end the
following:
            ``(4) Biodiesel labeling.--
                    ``(A) In general.--Each retail diesel fuel pump
                shall be labeled in a manner that informs consumers of
                the percent of biodiesel that is contained in the
                biodiesel blend that is offered for sale, as determined
                by the Administrator.
                    ``(B) Labeling requirements.--Not later than 180
                days after the date of enactment of this subsection,
                the Administrator shall promulgate biodiesel labeling
                requirements as follows:
                            ``(i) Biodiesel blends that contain less
                        than or equal to 5 percent biodiesel by volume
                        and that meet ASTM D975 diesel specifications
                        shall not require any additional labels.
                            ``(ii) Biodiesel blends that contain more
                        than 5 percent biodiesel by volume but not more
                        than 20 percent by volume shall be labeled
                        `contains biodiesel in quantities between 5
                        percent and 20 percent'.
                            ``(iii) Biodiesel blends that contain more
                        than 20 percent biodiesel by volume shall be
                        labeled `contains more than 20 percent
                        biodiesel'.''.

Summary: Biodiesel Promotion and Quality Assurance Act of 2007 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to ensure that diesel fuel sold in the United States contains the volume of biodiesel specified for 2008 through 2012. Requires the Administrator to determine the volume for 2013 and thereafter based on a review of the program. Requires at least 80 of the minimum applicable volume for each of 2008 through 2012 to be biodiesel. Requires the biodiesel fuel standards to contain compliance provisions applicable to refineries, blenders, distributors, and importers. Prohibits such standards from restricting geographic areas in which biodiesel may be used or imposing any per-gallon obligation for the use of biodiesel. Authorizes the Administrator to reduce the quantity of biodiesel required by a specified amount if market circumstances would make the price of biodiesel fuel unreasonable. Declares that nothing in this Act shall be construed to supersede any biodiesel mandate provided in any state or local law enacted as of January 1, 2008. Requires the Administrator to: (1) promulgate regulations to ensure that only high-quality biodiesel that is consistent with appropriate International standards is introduced into commerce. And (2) establish an inspection program to ensure that biodiesel and biodiesel blends entering commerce meet such standards. Prohibits the production of distribution of biodiesel, a biodiesel blend, or any bio-based diesel replacement that does not meet American Society of Testing and Materials standards, regardless of whether the Administrator promulgates such regulations. Requires retail diesel fuel pumps to be labeled to inform consumers of the percent of biodiesel in the biodiesel blend.

To amend the Clean Air Act to promote and assure the quality of biodiesel fuel, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bipartisan Panel to Design Long-
Range Social Security Reform Act of 1998''.

SEC. 2. ESTABLISHMENT OF PANEL.

    There is established a panel to be known as the Bipartisan Panel to
Design Long-Range Social Security Reform (in this Act referred to as
the ``Panel'').

SEC. 3. DUTIES OF PANEL.

      The Panel shall design a single set of legislative and
administrative recommendations for long-range reforms for restoring the
solvency of the social security system and maintaining retirement
income security in the United States.

SEC. 4. MEMBERSHIP OF THE PANEL.

    (a) Number and Appointment.--The Panel shall be composed of eight
members, of whom--
            (1) two shall be appointed by the President,
            (2) four shall be appointed jointly by the Speaker of the
        House of Representatives, the Minority Leader of the House of
        Representatives, the Majority Leader of the Senate, and the
        Minority Leader of the Senate,
            (3) one shall be appointed jointly by the Chairman of the
        Committee on Ways and Means of the House of Representatives and
        the Chairman of the Committee on Finance of the Senate, and
            (4) one shall be appointed jointly by the Ranking Minority
        Member of the Committee on Ways and Means of the House of
        Representatives and the Ranking Minority Member of the
        Committee on Finance of the Senate.
The members of the Panel shall consist of individuals who are of
recognized standing and distinction, who can represent the multiple
generations who have a stake in the viability of the system, and who
possess the demonstrated capacity to discharge the duties imposed on
the Panel. At least one of the members shall be appointed from
individuals representing the interests of employees, and at least one
of the members shall be appointed from individuals representing the
interests of employers.
    (b) Co-Chairs.--The officials referred to in paragraphs (1) through
(4) of subsection (a) shall designate two of the members of the Panel
to serve as Co-Chairs of the Panel, who shall jointly chair the Panel,
determine its duties, and supervise its staff.
    (c) Terms of Appointment.--The members of the Panel shall serve for
the life of the Panel.
    (d) Vacancies.--A vacancy in the Panel shall not affect the power
of the remaining members to execute the duties of the Panel, but any
such vacancy shall be filled in the same manner in which the original
appointment was made.

SEC. 5. PROCEDURES.

    (a) Meetings.--The Panel shall meet at the call of its Co-Chairs or
a majority of its members.
    (b) Quorum.--A quorum shall consist of 4 members of the Panel,
except that a lesser number may conduct a hearing under subsection (c).
    (c) Hearings and Other Activities.--For the purpose of carrying out
its duties, the Panel may hold such hearings and undertake such other
activities as the Panel determines to be necessary to carry out its
duties. Meetings held in order to conduct fact finding, as determined
by the Co-Chairs, shall be open to the public. Meetings held in order
to develop policy, as determined by the Co-Chairs, may be held in
executive session, notwithstanding the Federal Advisory Committee Act
and any other provision of law.
    (d) Obtaining Information.--Upon request of the Panel, the
Commissioner of Social Security and the head of any other agency or
instrumentality of the Federal Government shall furnish information
deemed necessary by the Panel to enable it to carry out its duties.

SEC. 6. ADMINISTRATION.

    (a) Compensation.--Except as provided in subsection (b), members of
the Panel shall receive no additional pay, allowances, or benefits by
reason of their service on the Panel.
    (b) Travel Expenses and Per Diem.--Each member of the Panel who is
not a present Member of the Congress and who is not otherwise an
officer or employee of the Federal Government shall receive travel
expenses and per diem in lieu of subsistence in accordance with
sections 5702 and 5703 of title 5, United States Code.
    (c) Staff and Support Services.--
            (1) Staff director.--
                    (A) Appointment.--The Panel shall appoint a staff
                director of the Panel.
                    (B) Compensation.--The staff director shall be paid
                at a rate not to exceed the rate established for level
                V of the Executive Schedule.
            (2) Staff.--The Panel shall appoint such additional
        personnel as the Panel determines to be necessary.
            (3) Applicability of civil service laws.--The staff
        director and other members of the staff of the Panel shall be
        appointed without regard to the provisions of title 5, United
        States Code, governing appointments in the competitive service,
        and shall be paid without regard to the provisions of chapter
        51 and subchapter III of chapter 53 of such title relating to
        classification and General Schedule pay rates.
            (4) Experts and consultants.--With the approval of the
        Panel, the staff director may procure temporary and
        intermittent services under section 3109(b) of title 5, United
        States Code.
    (d) Contract Authority.--The Panel may contract with and compensate
government and private agencies or persons for items and services,
without regard to section 3709 of the Revised Statutes (41 U.S.C. 5).
    (e) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Panel on a reimbursable basis. The facilities shall serve as the
headquarters of the Panel and shall include all necessary equipment and
incidentals required for the proper functioning of the Panel.
    (f) Detail of Federal Employees.--Upon the request of the Panel,
the head of any Federal agency may detail, on a reimbursable basis, any
of the personnel of such agency to the Panel to assist the Panel in
carrying out its duties.
    (g) Use of Mails.--The Panel may use the United States mails in the
same manner and under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
    (h) Administrative Support Services.--Upon the request of the
Panel, the Architect of the Capitol shall provide to the Panel on a
reimbursable basis such administrative support services as the Panel
may request.
    (i) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Panel shall be deemed to be a committee of the
Congress.

SEC. 7. REPORT.

    Not later than February 1, 1999, the Panel shall submit to the
President, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate a report
which shall contain a detailed statement of the findings and
conclusions of the Panel, including the set of recommendations required
under section 3. The report shall include only those recommendations of
the Panel that receive the approval of at least 6 members of the Panel,
including both Co-Chairs.

SEC. 8. TERMINATION.

    The Panel shall terminate March 31, 1999.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Panel, from the
Federal Old-Age and Survivors Insurance Trust Fund, such sums as are
necessary to carry out the provisions of this Act, but not to exceed
$2,000,000.

Summary: Bipartisan Panel to Design Long-Range Social Security Reform Act of 1998 - Establishes the Bipartisan Panel to Design Long-Range Social Security Reform to design a single set of legislative and administrative recommendations for long-range reforms for restoring the solvency of the social security system and maintaining retirement income security in the United States. Authorizes appropriations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transportation Information Recall
Enhancement Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) in an interview with ABC News on September 3, 2000,
        Secretary of Transportation Rodney Slater stated that he thinks
        there should be a law requiring that the United States be
        immediately notified of a foreign recall, ``especially in the
        global economy when you've got U.S. goods really being used by
        individuals around the world. We should know when there's a
        problem someplace else.'';
            (2) as of the date of enactment of this Act, there is no
        legal requirement for manufacturers of motor vehicles and their
        components to notify United States agencies of a recall issued
        in a foreign country;
            (3) between August 1999 and spring 2000, Ford Motor Company
        replaced Firestone tires on 46,912 vehicles in Saudi Arabia,
        Thailand, Malaysia, and South America;
            (4)(A) on May 2, 2000, the National Highway Traffic Safety
        Administration opened a preliminary evaluation into Firestone
        ATX, ATX II, and Wilderness AT tires after receiving 90
        complaints, primarily from consumers in the Southeast and
        Southwest, about tread separations or blowouts;
            (B) as of September 2000, the National Highway Traffic
        Safety Administration has received over 1,400 complaints,
        including reports of more than 250 injuries and 88 deaths; and
            (C) some of the complaints date back to the early 1990s,
        and 797 of the complaints report that a tire failure took place
        between August 1, 1999, and August 9, 2000; and
            (5)(A) on August 9, 2000, Bridgestone/Firestone announced a
        United States recall of 6,500,000 ATX, ATX II, and Wilderness
        AT tires; and
            (B) that date was 3 months after the National Highway
        Traffic Safety Administration commenced its investigation and
        nearly 9 months after Ford Motor Company initiated the
        replacement of the tires in foreign countries.
    (b) Purpose.--The purpose of this Act is to ensure that defects in
motor vehicles or replacement equipment in foreign countries are
quickly, accurately, and truthfully reported to the United States
Secretary of Transportation in cases in which--
            (1) the motor vehicles or replacement equipment is
        manufactured for export to the United States; or
            (2) the motor vehicles or replacement equipment is
        manufactured in the United States using a manufacturing process
        that is the same as, or similar to, the manufacturing process
        used in the foreign country, with the result that the motor
        vehicles or replacement equipment manufactured in the United
        States may also be defective.

SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION WITH REPORTING OF
              DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.

    (a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1036. Penalties in connection with reporting of defects in
              foreign motor vehicle products
    ``(a) Definitions.--
            ``(1) Foreign motor vehicle product.--The term `foreign
        motor vehicle product' means a motor vehicle or replacement
        equipment that--
                    ``(A) is manufactured in a foreign country for
                export to the United States; or
                    ``(B) is manufactured in a foreign country using a
                manufacturing process that is the same as, or similar
                to, a manufacturing process used in the United States
                for a motor vehicle or replacement equipment.
            ``(2) Other terms.--The terms `defect', `manufacturer',
        `motor vehicle', and `replacement equipment' have the meanings
        given the terms in section 30102 of title 49.
    ``(b) Criminal Penalty.--A manufacturer of a foreign motor vehicle
product, or an officer or employee of such a manufacturer, that, in
connection with a report required to be filed under section 30118(f) of
title 49, willfully--
            ``(1) falsifies or conceals a material fact;
            ``(2) makes a materially false, fictitious, or fraudulent
        statement or representation; or
            ``(3) makes or uses a false writing or document knowing
        that the writing or document contains any materially false,
        fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years, or
both.
    ``(c) Civil Penalty.--
            ``(1) In general.--In addition to any civil penalty that
        may be assessed under chapter 301 of title 49, a manufacturer
        that violates section 30118(f) of title 49 shall be subject to
        a civil penalty of not more than $500,000 for each day of the
violation.
            ``(2) Compromise of penalty.--The Attorney General may
        compromise the amount of a civil penalty imposed under
        paragraph (1).
            ``(3) Determination of amount.--In determining the amount
        of a civil penalty or compromise under this subsection, the
        Attorney General shall consider--
                    ``(A) the appropriateness of the penalty or
                compromise in relation to the size of the business of
                the manufacturer liable for the penalty; and
                    ``(B) the gravity of the violation.
            ``(4) Deduction of amount of penalty.--The United States
        Government may deduct the amount of the civil penalty imposed
        or compromised under this section from any amount that the
        Government owes the manufacturer liable for the penalty.''.
    (b) Conforming Amendment.--The analysis for chapter 47 of title 18,
United States Code, is amended by adding at the end the following:

``1036. Penalties in connection with reporting of defects in foreign
                            motor vehicle products.''.

SEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.

    Section 30118 of title 49, United States Code, is amended by adding
at the end the following:
    ``(f) Reporting of Defects in Foreign Motor Vehicle Products.--
            ``(1) Definition of foreign motor vehicle product.--The
        term `foreign motor vehicle product' means a motor vehicle or
        replacement equipment that--
                    ``(A) is manufactured in a foreign country for
                export to the United States; or
                    ``(B) is manufactured in a foreign country using a
                manufacturing process that is the same as, or similar
                to, a manufacturing process used in the United States
                for a motor vehicle or replacement equipment.
            ``(2) Reporting of defects.--
                    ``(A) Initial report.--Not later than 48 hours
                after determining, or learning that a government of a
                foreign country has determined, that a foreign motor
                vehicle product contains a defect that could be related
                to motor vehicle safety, the manufacturer of the
                foreign motor vehicle product shall report the
                determination to the Secretary.
                    ``(B) Written report.--
                            ``(i) In general.--Not later than 5 days
                        after the end of the 48-hour period described
                        in subparagraph (A), the manufacturer shall
                        submit to the Secretary a written report that
                        meets the requirements of clause (ii).
                            ``(ii) Contents of written report.--A
                        written report under clause (i) shall contain--
                                    ``(I) a description of the foreign
                                motor vehicle product that is the
                                subject of the report;
                                    ``(II) a description of--
                                            ``(aa) the determination of
                                        the defect by the government of
                                        the foreign country or by the
                                        manufacturer of a foreign motor
                                        vehicle product; and
                                            ``(bb) any measures that
                                        the government requires to be
                                        taken, or the manufacturer
                                        determines should be taken, to
                                        obtain a remedy of the defect;
                                    ``(III) information concerning any
                                serious injuries or fatalities possibly
                                resulting from the defect; and
                                    ``(IV) such other information as
                                the Secretary determines to be
                                appropriate.
            ``(3) Reporting of possible defects.--Upon making a
        determination that there have been a significant number of
        serious injuries or fatalities in a foreign country that could
        have resulted from a defect in a foreign motor vehicle product
        that could be related to motor vehicle safety (as determined in
        accordance with regulations promulgated by the Secretary), the
        manufacturer of the foreign motor vehicle product shall report
        the determination to the Secretary in such manner as the
        Secretary establishes by regulation.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by this Act take effect on the
date that is 180 days after the date of enactment of this Act.

Summary: Amends Federal transportation law to require a manufacturer, not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, to report such determination to the Secretary of Transportation. Sets forth similar requirements with respect to the reporting of possible defects in such vehicle or equipment that have resulted in a significant number of serious injuries or fatalities in a foreign country. Sets forth both criminal and civil penalties for manufacturers of foreign motor vehicle products who falsify information with respect to, or otherwise violate, the reporting requirements contained in this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recall Unsafe Drugs Act of 2017''.

SEC. 2. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED OR
              MISBRANDED DRUGS.

    (a) Prohibited Acts.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
    ``(eee) The failure to comply with--
            ``(1) the notification requirement under section 569D(a);
            ``(2) an order issued under paragraph (1) of section
        569D(c), following a hearing, if requested, under paragraph
        (2)(C) of such section;
            ``(3) an order amended under paragraph (2) or paragraph (3)
        of section 569D(c); or
            ``(4) an emergency order issued under section 569D(d).
    ``(fff) The failure to have in effect a recall plan under section
569(g).''.
    (b) Nondistribution and Recall of Adulterated or Misbranded
Drugs.--Subchapter E of chapter V of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360bbb et seq.) is amended by adding at the end
the following:

``SEC. 569D. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF CERTAIN
              ADULTERATED OR MISBRANDED DRUGS.

    ``(a) Notification Regarding Certain Adulterated or Misbranded
Drugs.--
            ``(1) In general.--Any person required to register under
        section 510 shall, as soon as practicable, notify the Secretary
        of the identity and location of a drug, if such person has
        reason to believe--
                    ``(A) that such drug, when introduced into or while
                in interstate commerce, or while held for sale
                (regardless of whether the first sale) after shipment
                in interstate commerce, is adulterated or misbranded;
                and
                    ``(B) there is a reasonable probability that the
                use or consumption of, or exposure to, the drug (or an
                ingredient or component used in any such drug) will
                cause a threat of serious adverse health consequences
                or death to humans or animals.
            ``(2) Manner of notification.--Notification under paragraph
        (1) shall be made in such manner and by such means as the
        Secretary may require by regulation or guidance.
    ``(b) Voluntary Recall.--The Secretary may request that any person
who distributes a drug that the Secretary has reason to believe is
adulterated, misbranded, or otherwise in violation of this Act
voluntarily--
            ``(1) recall such drug; and
            ``(2) provide for notice, including to individuals as
        appropriate, to persons who may be affected by the recall.
    ``(c) Order To Cease Distribution and Recall Drug and Related
Procedures.--
            ``(1) Issuance of order.--If the Secretary has reason to
        believe that the use or consumption of, or exposure to, a drug
        (or an ingredient or component used in any such drug) may cause
        serious adverse health consequences or death to humans or
        animals, the Secretary shall have the authority to issue an
        order requiring any person who distributes such drug--
                    ``(A) to immediately cease distribution of such
                drug; and
                    ``(B) to provide for notice, including to
                individuals as appropriate, to persons who may be
                affected by such cessation of distribution.
            ``(2) Action following order.--
                    ``(A) Cease distribution and notification.--Any
                person who is subject to an order under paragraph (1)
                shall immediately cease distribution of such drug and
                provide notification as required by such order.
                    ``(B) Appeal.--Any person who is subject to an
                order under paragraph (1) may appeal within 24 hours of
                issuance such order to the Secretary. Such appeal may
                include a request for an informal hearing and a
                description of any efforts to recall such drug
                undertaken voluntarily by the person, including after a
                request under subsection (b).
                    ``(C) Informal hearing.--Except as provided in
                subsection (d), if an appeal made under subparagraph
                (B) contains a request for an informal hearing, such
                hearing shall be held as soon as practicable, but not
                later than 5 calendar days, or less as determined by
                the Secretary, after such an appeal is filed, unless
                the parties jointly agree to an extension.
                    ``(D) Determination.--After affording an
                opportunity for an informal hearing, the Secretary
                shall determine--
                            ``(i) whether--
                                    ``(I) the order under paragraph (1)
                                should be amended to require a recall
                                of such drug; or
                                    ``(II) inadequate grounds exist to
                                support the actions required by the
                                order; or
                            ``(ii) that the order under paragraph (1)
                        was appropriate as issued.
                    ``(E) Amendment or vacation of order.--
                            ``(i) Amendment.--In the case of a
                        determination made under subparagraph
                        (D)(i)(I), the Secretary shall amend the order
                        made under paragraph (1) accordingly.
                            ``(ii) Vacation.--In the case of a
                        determination made under subparagraph
                        (D)(i)(II), the Secretary shall vacate the
                        order made under paragraph (1).
            ``(3) Order to recall.--
                    ``(A) Amendment.--Except as provided under
                subsection (d), if after providing an opportunity for
                an informal hearing under paragraph (2)(C), the
                Secretary determines that the order should be amended
                to include a recall of the drug with respect to which
                the order was issued, the Secretary shall amend the
                order to require a recall.
                    ``(B) Contents.--An amended order under
                subparagraph (A) shall--
                            ``(i) specify a timetable in which the
                        recall will occur;
                            ``(ii) require periodic reports to the
                        Secretary describing the progress of the
                        recall; and
                            ``(iii) provide for notice, including to
                        individuals as appropriate, to persons who may
                        be affected by the recall.
                In providing for such notice, the Secretary may allow
                for the assistance of health professionals, State or
                local officials, or other individuals designated by the
                Secretary.
                    ``(C) Nondelegation.--An amended order under this
                paragraph shall be ordered by the Secretary or an
                official designated by the Secretary. An official may
                not be so designated unless the official is the
                director of the district under this Act in which the
                drug involved is located, or is an official senior to
                such director.
    ``(d) Emergency Recall Order.--
            ``(1) In general.--If the Secretary has credible evidence
        or information that a drug subject to an order under subsection
        (c)(1) presents an imminent threat of serious adverse health
        consequences or death to humans or animals, the Secretary may
        issue an order requiring any person who distributes such drug--
                    ``(A) to immediately recall such drug; and
                    ``(B) to provide for notice, including to
                individuals as appropriate, to persons who may be
                affected by the recall.
            ``(2) Action following order.--
                    ``(A) Recall and notification.--Any person who is
                subject to an emergency recall order under this
                subsection shall immediately recall such drug and
                provide notification as required by such order.
                    ``(B) Appeal.--
                            ``(i) Timing.--Any person who is subject to
                        an emergency recall order under this subsection
                        may appeal within 24 hours after issuance such
                        order to the Secretary.
                            ``(ii) Continuation of recall.--The person
                        subject to an emergency recall order shall
                        conduct the recall notwithstanding the pendency
                        of any appeal of such order.
                    ``(C) Informal hearing.--An informal hearing shall
                be held as soon as practicable but not later than 5
                calendar days, or less as determined by the Secretary,
                after an appeal under subparagraph (B) is filed, unless
                the parties jointly agree to an extension.
                    ``(D) Determination.--After affording an
                opportunity for an informal hearing, the Secretary
                shall determine--
                            ``(i) whether--
                                    ``(I) the order under paragraph (1)
                                should be amended to require a recall
                                of such drug; or
                                    ``(II) inadequate grounds exist to
                                support the actions required by the
                                order; or
                            ``(ii) that the order under paragraph (1)
                        was appropriate as issued.
                    ``(E) Amendment or vacation of order.--
                            ``(i) Amendment.--In the case of a
                        determination made under subparagraph
                        (D)(i)(I), the Secretary shall amend the order
                        made under paragraph (1) accordingly.
                            ``(ii) Vacation.--In the case of a
                        determination made under subparagraph
                        (D)(i)(II), the Secretary shall vacate the
                        order made under paragraph (1).
            ``(3) Nondelegation.--An order under this subsection shall
        be issued by the Commissioner of Food and Drugs, the Principal
        Deputy Commissioner, or the Associate Commissioner for
        Regulatory Affairs of the Food and Drug Administration.
    ``(e) Notice to Consumers and Health Officials.--The Secretary
shall, as the Secretary determines to be necessary, provide notice of a
recall order under this section to consumers to whom the drug was, or
may have been, distributed and to appropriate State and local health
officials.
    ``(f) Savings Clause.--Nothing contained in this section shall be
construed as limiting--
            ``(1) the authority of the Secretary to issue an order to
        cease distribution of, or to recall, a drug under any other
        provision of this Act or the Public Health Service Act; or
            ``(2) the ability of the Secretary to request any person to
        perform a voluntary activity related to any drug subject to
        this Act or the Public Health Service Act.
    ``(g) Recall Plan.--Any person required to register under section
510 shall have in effect a recall plan consistent with the requirements
of this section.''.
    (c) Delayed Applicability.--The amendments made by this section
apply beginning on the date that is one year after the date of the
enactment of this Act.

Summary: Recall Unsafe Drugs Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require producers of medications to notify the Food and Drug Administration (FDA) of the identity and location of a medication if the producer has reason to believe: (1) that the medication is adulterated or misbranded. And (2) there is a reasonable probability that the use or consumption of, or exposure to, the medication will cause a threat of serious adverse health consequences or death to humans or animals. The FDA may: (1) request that the distributor of a medication that is in violation of the FFDCA voluntarily recall the medication. (2) require the distributor of a medication that may cause serious adverse health consequences to immediately cease distribution of the medication. (3) recall a medication for which distribution has been ceased after giving the distributor an opportunity for an informal hearing. And (4) immediately recall a medication that presents an imminent threat of serious adverse health consequences. Distributors may appeal these FDA orders. In the case of a recall, the FDA must notify consumers and state and local health officials to whom the medication was, or may have been, distributed. Medication distributors must have a recall plan in effect.

Recall Unsafe Drugs Act of 2017


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity in Public Education Act of
1996''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) It is the responsibility of the Federal Government to
        prevent illegal immigration by enforcing existing laws and
        enacting new laws and policies.
            (2) The Federal Government has, to date, failed to carry
        out this responsibility, resulting in a large and increasing
        number of illegal immigrants residing within the borders of the
        United States.
            (3) Under current law, the States are required to provide
        certain public benefits to their residents, including education
        benefits for all children residing within their jurisdictions,
        regardless of immigration status.
            (4) The costs of educating illegal aliens are therefore
        borne primarily by the States.
            (5) The citizens of States that have a disproportionate
        number of illegal immigrants therefore have borne a
        disproportionate share of such educational costs, which result
        from the failures of the Federal Government.
            (6) In the interest of equity, the Federal Government
        should reimburse the States for such educational costs.

SEC. 3. REIMBURSEMENT OF STATES FOR CERTAIN EDUCATIONAL COSTS FOR
              ILLEGAL ALIEN STUDENTS.

    (a) Grants to States.--Subject to the availability of
appropriations and the succeeding provisions of this section, from the
amount appropriated under subsection (f), the Secretary of Education
shall provide for payment to each eligible State (as defined in
subsection (b)) for reimbursable costs (as defined in subsection (c)).
    (b) Eligible States.--In order for a State to be eligible for
payment under this section, the State--
            (1) shall be a State for which the Secretary of Commerce
        has made a determination with respect to any fiscal year under
        subsection (e); and
            (2) shall provide the Secretary of Education with
        assurances that--
                    (A) the State will cooperate with the Secretary of
                Commerce in carrying out such Secretary's duties under
                this Act; and
                    (B) such payments shall be used only for the
                purpose of reimbursing local educational agencies for
                reimbursable costs.
    (c) Reimbursable Costs Defined.--For purposes of this Act, the term
``reimbursable costs'' means, with respect to a State, the incremental
increase in costs incurred by local educational agencies in the State
in providing a free public education (as mandated by Federal law) to
eligible illegal alien students (as defined in subsection (d)(1)), as
determined by the Secretary of Commerce under subsection (e).
    (d) Eligible Illegal Alien Students.--For purposes of this Act, the
term ``eligible illegal alien student'' means an alien who is not
lawfully present in the United States and is enrolled in a public
elementary or secondary school of a local educational agency in a State
as of the date of a determination made by the Secretary of Commerce
under subsection (e)(2).
    (e) Amount of Payment.--
            (1) In general.--The amount of payment to an eligible State
        for a fiscal year under this section is the product of--
                    (A) the average number last determined under
                paragraph (3)(A) for the State; and
                    (B) the average incremental increase in
                expenditures last determined under paragraph (3)(B) for
                the State.
            (2) Commencement of determinations.--
                    (A) First group of states.--Before the beginning of
                fiscal year 1998, and before the beginning of every
                third fiscal year thereafter, the Secretary of Commerce
                shall make a determination under paragraph (3) for the
                States of California, Texas, and Florida.
                    (B) Second and third groups of states.--Before the
                beginning of fiscal year 1999, and before the beginning
                of every third fiscal year thereafter, the Secretary of
                Commerce shall make a determination under paragraph (3)
                for at least \1/2\ of the States that are not described
                in subparagraph (A). Before the beginning of fiscal
                year 2000, and before the beginning of every third
                fiscal year thereafter, the Secretary of Commerce shall
                make a determination under paragraph (3) for each of
                the remaining States. To the maximum extent possible,
                the Secretary shall make an equal number of
                determinations under this subparagraph before fiscal
                year 1999 and before fiscal year 2000.
            (3) Determinations.--Pursuant to paragraph (2), the
        Secretary of Commerce shall determine for a State before the
        beginning of a fiscal year--
                    (A) the average number of eligible illegal alien
                students in the State for any school day during the
                school year ending during the fiscal year; and
                    (B) the average incremental increase in per pupil
                expenditures for public education benefits in the State
                for such school year that is determined to be
                attributable to the enrollment of eligible illegal
                alien students in public elementary and secondary
                schools, as determined based on statistics of the
                National Center for Education Statistics relating to
                expenditure per pupil in average daily attendance in
                public elementary and secondary schools.
    (f) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year (beginning with fiscal year 1998)
such sums as may be necessary to make grants under this section.
    (g) State Defined.--In this Act, the term ``State'' has the meaning
given such term in section 101(a)(36) of the Immigration and
Nationality Act.

Summary: Equity in Public Education Act of 1996 - Directs the Secretary of Education to make payments to eligible States to reimburse local educational agencies for specified costs of educating certain illegal alien students. Provides for such payments first to the States of California, Texas, and Florida. Provides for later payments to second and third groups of eligible States. Authorizes appropriations.

Equity in Public Education Act of 1996


5 of the 101st
Congress, agreed to on February 22, 1989 (103 Stat. 2533).
    ``(f) Display To Be in a Manner Visible to the Public.--Display of
the POW/MIA flag pursuant to this section shall be in a manner designed
to ensure visibility to the public.
    ``(g) Limitation.--This section may not be construed or applied so
as to require any employee to report to work solely for the purpose of
providing for the display of the POW/MIA flag.''.
        (2) In section 2102(b), strike ``designated personnel'' and
    substitute ``personnel made available to the Commission''.
        (3) In section 2501(2), insert ``solicit,'' before ``accept,''.
        (4)(A) Insert after chapter 201 the following:

             ``CHAPTER 202--AIR FORCE SERGEANTS ASSOCIATION

``Sec.
``20201. Definition.
``20202. Organization.
``20203. Purposes.
``20204. Membership.
``20205. Governing body.
``20206. Powers.
``20207. Restrictions.
``20208. Duty to maintain corporate and tax-exempt status.
``20209. Records and inspection.
``20210. Service of process.
``20211. Liability for acts of officers and agents.
``20212. Annual report.

``Sec. 20201. Definition

    ``For purposes of this chapter, `State' includes the District of
Columbia and the territories and possessions of the United States.

``Sec. 20202. Organization

    ``(a) Federal Charter.--Air Force Sergeants Association (in this
chapter, the `corporation'), a nonprofit corporation incorporated in
the District of Columbia, is a federally chartered corporation.
    ``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.

``Sec. 20203. Purposes

    ``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
        ``(1) helping to maintain a highly dedicated and professional
    corps of enlisted personnel within the United States Air Force,
    including the United States Air Force Reserve, and the Air National
    Guard;
        ``(2) supporting fair and equitable legislation and Department
    of the Air Force policies and influencing by lawful means
    departmental plans, programs, policies, and legislative proposals
    that affect enlisted personnel of the Regular Air Force, the Air
    Force Reserve, and the Air National Guard, its retirees, and other
    veterans of enlisted service in the Air Force;
        ``(3) actively publicizing the roles of enlisted personnel in
    the United States Air Force;
        ``(4) participating in civil and military activities, youth
    programs, and fundraising campaigns that benefit the United States
    Air Force;
        ``(5) providing for the mutual welfare of members of the
    corporation and their families;
        ``(6) assisting in recruiting for the United States Air Force;
        ``(7) assembling together for social activities;
        ``(8) maintaining an adequate Air Force for our beloved
    country;
        ``(9) fostering among the members of the corporation a devotion
    to fellow airmen; and
        ``(10) serving the United States and the United States Air
    Force loyally, and doing all else necessary to uphold and defend
    the Constitution of the United States.
    ``(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of the District of Columbia.

``Sec. 20204. Membership

    ``(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the bylaws and articles of incorporation.
    ``(b) Nondiscrimination.--The terms of membership may not
discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.

``Sec. 20205. Governing body

    ``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the bylaws and
articles of incorporation.
    ``(b) Officers.--The officers and the election of officers are as
provided in the bylaws and articles of incorporation.
    ``(c) Nondiscrimination.--The requirements for serving as a
director or officer may not discriminate on the basis of race, color,
religion, sex, disability, age, or national origin.

``Sec. 20206. Powers

    ``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.

``Sec. 20207. Restrictions

    ``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
    ``(b) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member during the life of the charter granted
by this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or employee or reimbursement for
actual necessary expenses in amounts approved by the board of
directors.
    ``(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member.
    ``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.

``Sec. 20208. Duty to maintain corporate and tax-exempt status

    ``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of the District of
Columbia.
    ``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).

``Sec. 20209. Records and inspection

    ``(a) Records.--The corporation shall keep--
        ``(1) correct and complete records of account;
        ``(2) minutes of the proceedings of its members, board of
    directors, and committees having any of the authority of its board
    of directors; and
        ``(3) at its principal office, a record of the names and
    addresses of its members entitled to vote.
    ``(b) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation for
any proper purpose, at any reasonable time.

``Sec. 20210. Service of process

    ``The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which it
carries on activities.

``Sec. 20211. Liability for acts of officers and agents

    ``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.

``Sec. 20212. Annual report

    ``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.''.
        (B) In the table of chapters at the beginning of subtitle II,
    insert after the item related to chapter 201:

``202. AIR FORCE SERGEANTS ASSOCIATION........................
                                                                20201''.

        (5)(A) Insert after chapter 209 the following:

         ``CHAPTER 210--AMERICAN GI FORUM OF THE UNITED STATES

``Sec.
``21001. Definition.
``21002. Organization.
``21003. Purposes.
``21004. Membership.
``21005. Governing body.
``21006. Powers.
``21007. Restrictions.
``21008. Duty to maintain corporate and tax-exempt status.
``21009. Records and inspection.
``21010. Service of process.
``21011. Liability for acts of officers and agents.
``21012. Annual report.

``Sec. 21001. Definition

    ``For purposes of this chapter, `State' includes the District of
Columbia and the territories and possessions of the United States.

``Sec. 21002. Organization

    ``(a) Federal Charter.--American GI Forum of the United States (in
this chapter, the `corporation'), a nonprofit corporation incorporated
in Texas, is a federally chartered corporation.
    ``(b) Expiration of Charter.--If the corporation does not comply
with any provision of this chapter, the charter granted by this chapter
expires.

``Sec. 21003. Purposes

    ``(a) General.--The purposes of the corporation are as provided in
its bylaws and articles of incorporation and include--
        ``(1) securing the blessing of American democracy at every
    level of local, State, and national life for all United States
    citizens;
        ``(2) upholding and defending the Constitution and the United
    States flag;
        ``(3) fostering and perpetuating the principles of American
    democracy based on religious and political freedom for the
    individual and equal opportunity for all;
        ``(4) fostering and enlarging equal educational opportunities,
    equal economic opportunities, equal justice under the law, and
    equal political opportunities for all United States citizens,
    regardless of race, color, religion, sex, or national origin;
        ``(5) encouraging greater participation of the ethnic minority
    represented by the corporation in the policy-making and
    administrative activities of all departments, agencies, and other
    governmental units of local and State governments and the United
    States Government;
        ``(6) combating all practices of a prejudicial or
    discriminatory nature in local, State, or national life which
    curtail, hinder, or deny to any United States citizen an equal
    opportunity to develop full potential as an individual; and
        ``(7) fostering and promoting the broader knowledge and
    appreciation by all United States citizens of their cultural
    heritage and language.
    ``(b) Corporate Function.--The corporation shall function as an
educational, patriotic, civic, historical, and research organization
under the laws of Texas.

``Sec. 21004. Membership

    ``(a) Eligibility.--Except as provided in this chapter, eligibility
for membership in the corporation and the rights and privileges of
members are as provided in the bylaws and articles of incorporation.
    ``(b) Nondiscrimination.--The terms of membership may not
discriminate on the basis of race, color, religion, sex, disability,
age, or national origin.

``Sec. 21005. Governing body

    ``(a) Board of Directors.--The board of directors and the
responsibilities of the board are as provided in the bylaws and
articles of incorporation.
    ``(b) Officers.--The officers and the election of officers are as
provided in the bylaws and articles of incorporation.
    ``(c) Nondiscrimination.--The requirements for serving as a
director or officer may not discriminate on the basis of race, color,
religion, sex, disability, age, or national origin.

``Sec. 21006. Powers

    ``The corporation has only the powers provided in its bylaws and
articles of incorporation filed in each State in which it is
incorporated.

``Sec. 21007. Restrictions

    ``(a) Stock and Dividends.--The corporation may not issue stock or
declare or pay a dividend.
    ``(b) Distribution of Income or Assets.--The income or assets of
the corporation may not inure to the benefit of, or be distributed to,
a director, officer, or member during the life of the charter granted
by this chapter. This subsection does not prevent the payment of
reasonable compensation to an officer or employee or reimbursement for
actual necessary expenses in amounts approved by the board of
directors.
    ``(c) Loans.--The corporation may not make a loan to a director,
officer, employee, or member.
    ``(d) Claim of Governmental Approval or Authority.--The corporation
may not claim congressional approval or the authority of the United
States Government for any of its activities.

``Sec. 21008. Duty to maintain corporate and tax-exempt status

    ``(a) Corporate Status.--The corporation shall maintain its status
as a corporation incorporated under the laws of Texas.
    ``(b) Tax-Exempt Status.--The corporation shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).

``Sec. 21009. Records and inspection

    ``(a) Records.--The corporation shall keep--
        ``(1) correct and complete records of account;
        ``(2) minutes of the proceedings of its members, board of
    directors, and committees having any of the authority of its board
    of directors; and
        ``(3) at its principal office, a record of the names and
    addresses of its members entitled to vote.
    ``(b) Inspection.--A member entitled to vote, or an agent or
attorney of the member, may inspect the records of the corporation for
any proper purpose, at any reasonable time.

``Sec. 21010. Service of process

    ``The corporation shall comply with the law on service of process
of each State in which it is incorporated and each State in which it
carries on activities.

``Sec. 21011. Liability for acts of officers and agents

    ``The corporation is liable for the acts of its officers and agents
acting within the scope of their authority.

``Sec. 21012. Annual report

    ``The corporation shall submit an annual report to Congress on the
activities of the corporation during the prior fiscal year. The report
shall be submitted at the same time as the report of the audit required
by section 10101 of this title. The report may not be printed as a
public document.''.
        (B) In the table of chapters at the beginning of subtitle II,
    insert after the item related to chapter 209:

``210. AMERICAN GI FORUM OF THE UNITED STATES.................
                                                                21001''.

        (6) In section 21703(1)(A)(iv), strike ``December 22, 1961''
    and substitute ``February 28, 1961''.
        (7) In section 70103(b), strike ``the State of''.
        (8) In section 151303, subsections (f) and (g) are amended to
    read as follows:
    ``(f) Status.--Appointment to the board does not constitute
appointment as an officer or employee of the United States Government
for the purpose of any law of the United States.
    ``(g) Compensation.--Members of the board serve without
compensation.
    ``(h) Liability.--Members of the board are not personally liable,
except for gross negligence.''.
        (9) In section 151305(b), strike ``the State of''.
        (10) In section 152903(8), strike ``Corporation'' and
    substitute ``corporation''.

SEC. 2. TECHNICAL AMENDMENTS TO OTHER LAWS.

    (a) The provisos in the paragraph under the heading ``American
Battle Monuments Commission'' in the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1998 (Public Law 105-65, Oct. 27, 1997, 111 Stat.
1368, 36 App. U.S.C. 121b, 122, and 122a) are repealed.
    (b) Paragraph (3) of section 198(s) of the National and Community
Service Act of 1990 (42 U.S.C. 12653(s)(3)) is repealed.
    (c) Effective August 12, 1998, Public Law 105-225 (Aug. 12, 1998,
112 Stat. 1253) is amended as follows:
        (1) Section 4(b) is amended by striking ``2320(d)'' and
    substituting ``2320(e)''.
        (2) Section 7(a), and the amendment made by section 7(a), are
    repealed.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 1(8) of this Act shall take effect as
if included in the provisions of Public Law 105-225, as of the date of
enactment of Public Law 105-225.

SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUCTION.

    (a) No Substantive Change.--(1) Section 1 of this Act restates,
without substantive change, laws enacted before September 5, 1998, that
were replaced by section 1. Section 1 may not be construed as making a
substantive change in the laws replaced.
    (2) Laws enacted after September 4, 1998, that are inconsistent
with this Act supersede this Act to the extent of the inconsistency.
    (b) References.--A reference to a law replaced by this Act,
including a reference in a regulation, order, or other law, is deemed
to refer to the corresponding provision enacted by this Act.
    (c) Continuing Effect.--An order, rule, or regulation in effect
under a law replaced by this Act continues in effect under the
corresponding provision enacted by this Act until repealed, amended, or
superseded.
    (d) Actions and Offenses Under Prior Law.--An action taken or an
offense committed under a law replaced by this Act is deemed to have
been taken or committed under the corresponding provision enacted by
this Act.
    (e) Inferences.--An inference of a legislative construction is not
to be drawn by reason of the location in the United States Code of a
provision enacted by this Act or by reason of a heading of the
provision.
    (f) Severability.--If a provision enacted by this Act is held
invalid, all valid provisions that are severable from the invalid
provision remain in effect. If a provision enacted by this Act is held
invalid in any of its applications, the provision remains valid for all
valid applications that are severable from any of the invalid
applications.

SEC. 5. REPEALS.

    (a) Inferences of Repeal.--The repeal of a law by this Act may not
be construed as a legislative inference that the provision was or was
not in effect before its repeal.
    (b) Repealer Schedule.--The laws specified in the following
schedule are repealed, except for rights and duties that matured,
penalties that were incurred, and proceedings that were begun before
the date of enactment of this Act:

                                            Schedule of Laws Repealed
                                                Statutes at Large
----------------------------------------------------------------------------------------------------------------
                                                                  Statutes at Large              U.S. Code
      Date         Chapter or Public         Section       -----------------------------------------------------
                          Law                                Volume          Page           Title      Section
----------------------------------------------------------------------------------------------------------------
      1997
Nov. 18          105-85..............  1082, 1501-1516....      111  1917, 1963.........    36 App.  189a, 1101,
                                                                                5801-5815
Nov. 20          105-110.............  ...................      111  2270...............    36 App.           45
      1998
Aug. 7           105-220.............  413................      112  1241...............    36 App.         155b
Aug. 13          105-231.............  1-16...............      112  1530...............    36 App.  1101, 5901-
                                                                                5915
----------------------------------------------------------------------------------------------------------------

                               Speaker of the House of Representatives.

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

Summary: Amends title 36, United States Code to: (1) codify specified Federal laws related to Patriotic and National Observances, Ceremonies, and Organizations. And (2) make technical corrections to, or repeal, certain Federal laws.

A bill to clarify without substantive change laws related to Patriotic and National Observances, Ceremonies, and Organizations and to improve the United States Code.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes Protection and
Restoration Committee Act''.

SEC. 2. GREAT LAKES PROTECTION AND RESTORATION COMMITTEE.

    (a) Establishment.--There is established a committee to be known as
the ``Great Lakes Protection and Restoration Committee'' (hereinafter
referred to in this section as the ``Committee'').
    (b) Purpose.--The purpose of the Committee is to conduct a study
and report on programs established and carried out to achieve
restoration goals for the Great Lakes prepared by the Governors of
Great Lakes States and to make recommendations for prioritization of
such goals, legislation and funding to achieve such goals, and
improvement of coordination among programs and governments with respect
to such goals.
    (c) Study and Report.--
            (1) Study.--The Committee shall conduct a study, based on
        restoration goals for the Great Lakes prepared by the Governors
        of Great Lakes States, to identify the best methods by which to
        protect and restore the Great Lakes. The study shall include--
                    (A) an analysis of Federal and State funding for
                the 10-year period ending on the date of the enactment
                of this Act for programs established and carried out to
                achieve the restoration goals, including an assessment
                of the success of the programs; and
                    (B) an analysis of the expected accomplishments of
                such programs for the 10-year period beginning on the
                date of the enactment of this Act based on existing
                funding levels for the programs.
            (2) Report.--Not later than one year after the date of the
        initial meeting of the Committee under subsection (e)(1), the
        Committee shall submit to the President, Congress, and the
        Governor of each Great Lakes State, and make available to the
        national Government of Canada and the Premiers of the Provinces
        of Ontario and Quebec, a report that includes--
                    (A) the results of the study, including a detailed
                statement of the findings and conclusions of the
                Committee;
                    (B) recommendations for the prioritization of the
                restoration goals for the Great Lakes prepared by the
                Governors of the Great Lakes States;
                    (C) specific benchmarks for the 10-year period
                beginning on the date of the enactment of this Act to
                measure the achievement of such restoration goals;
                    (D) recommendations for proposed Federal and State
                legislation for obtaining additional authority and
                funding as necessary to achieve such restoration goals;
                    (E) recommendations for methods to improve
                coordination among existing Federal, State, local, and
                non-governmental programs established to achieve the
                restoration goals prepared by the Governors of the
                Great Lakes States; and
                    (F) recommendations for methods to improve
                coordination between Federal, State, and local programs
                in the United States and the national Government of
                Canada and the Governments of the Provinces of Ontario
                and Quebec with respect to environmental protection and
                restoration activities in the Great Lakes.
    (d) Membership.--
            (1) Voting members.--The Committee shall be composed of 25
        voting members, of whom--
                    (A) 8 members shall be the Governors of the Great
                Lakes States (or designees of the Governors);
                    (B) 13 members shall be appointed by the President,
                of whom--
                            (i) 1 member shall be a representative of
                        the Department of the Interior;
                            (ii) 1 member shall be a representative of
                        the Corps of Engineers;
                            (iii) 1 member shall be a representative of
                        the Great Lakes National Program Office of the
                        Environmental Protection Agency;
                            (iv) 1 member shall be a representative of
                        the National Oceanic and Atmospheric
                        Administration;
                            (v) 1 member shall be a representative of
                        the Department of Agriculture; and
                            (vi) 8 members shall be chief executives of
                        cities, counties, or municipalities in the
                        Great Lakes Region, of whom 1 member shall be
                        from each Great Lakes State;
                    (C) 1 member shall be appointed by the Speaker of
                the House of Representatives;
                    (D) 1 member shall be appointed by the minority
                leader of the House of Representatives;
                    (E) 1 member shall be appointed by the President
                pro tempore of the Senate; and
                    (F) 1 member shall be appointed by the minority
                leader of the Senate.
            (2) Nonvoting members.--The Committee shall include 10
        nonvoting members appointed by the President, of whom--
                    (A) 2 members shall be representatives of the
                environmental community;
                    (B) 2 members shall be representatives of industry;
                    (C) 2 members shall be representatives of the
                scientific community with expertise on the
                environmental conditions of the Great Lakes;
                    (D) 2 members shall be representatives of Indian
                tribes located in the Great Lakes Region;
                    (E) 1 member shall be a United States Commissioner
                of the Great Lakes Fishery Commission appointed under
                section 3(a)(1) of the Great Lakes Fishery Act of 1956
                (16 U.S.C. 932(a)(1)); and
                    (F) 1 member shall be the Chair of the United
                States Section of the International Joint Commission
                established by the Boundary Waters Treaty of 1909.
            (3) Nonvoting observers.--The Committee may include
        nonvoting observers, including--
                    (A) the Premiers of the Canadian Provinces of
                Ontario and Quebec;
                    (B) a representative of the national Government of
                Canada; and
                    (C) a representative of the Department of State.
            (4) Date of appointment.--The appointment of each member of
        the Committee shall be made not later than 90 days after the
        date of the enactment of this Act.
            (5) Term.--A member shall be appointed for the life of the
        Committee.
            (6) Vacancies.--A vacancy on the Committee--
                    (A) shall not affect the powers of the Committee;
                and
                    (B) shall be filled in the same manner as the
                original appointment was made.
            (7) Chairperson and vice chairperson.--The Committee shall
        select a Chairperson from among the members of the Committee
        described in paragraph (1)(A) and a Vice Chairperson from among
        the members of the Committee appointed under clauses (i)
        through (v) of paragraph (1)(B).
            (8) Compensation.--Members of the Committee shall serve
        without pay.
            (9) Travel expenses.--A member of the Committee shall be
        allowed travel expenses, including per diem in lieu of
        subsistence, in accordance with sections 5702 and 5703 of title
        5, United States Code.
    (e) Meetings.--
            (1) Initial.--Not later than 30 days after the date on
        which all members of the Committee have been appointed, the
        Committee shall hold the initial meeting of the Committee.
            (2) Subsequent.--The Committee shall meet at the call of
        the Chairperson.
            (3) Quorum.--A majority of the voting members of the
        Committee described in subsection (d)(1) shall constitute a
        quorum, but a lesser number of members may hold hearings.
    (f) Powers.--
            (1) Hearings.--The Committee may hold hearings, meet and
        act, take testimony, and receive evidence as the Committee
        considers advisable to carry out this Act.
            (2) Information from federal agencies.--
                    (A) In general.--The Committee may secure directly
                from a Federal agency such information as the Committee
                considers necessary to carry out this Act.
                    (B) Provision of information.--On request of the
                Chairperson of the Committee, the head of the agency
                shall provide the information to the Committee.
            (3) Postal services.--The Committee may use the United
        States mails in the same manner and under the same conditions
        as other agencies of the Federal Government.
            (4) Gifts.--The Committee may accept, use, and dispose of
        gifts or donations of services or property.
    (g) Staff.--
            (1) Appointment.--
                    (A) Executive director.--The Committee may appoint
                and terminate an executive director.
                    (B) Other staff.--The Chairperson of the Committee
                may appoint and terminate such other additional
                personnel as are necessary to enable the Committee to
                perform the duties of the Committee.
            (2) Compensation.--
                    (A) In general.--Except as provided in subparagraph
                (B), the Chairperson of the Committee may fix the
                compensation of the executive director and other
                personnel without regard to the provisions of chapter
                51 and subchapter III of chapter 53 of title 5, United
                States Code, relating to classification of positions
                and General Schedule pay rates.
                    (B) Maximum rate of pay.--The rate of pay for the
                executive director and other personnel shall not exceed
                the rate payable for level V of the Executive Schedule
                under section 5316 of title 5, United States Code.
            (3) Detail of federal government employees.--
                    (A) In general.--An employee of the Federal
                Government may be detailed to the Committee without
                reimbursement.
                    (B) Civil service status.--The detail of the
                employee shall be without interruption or loss of civil
                service status or privilege.
            (4) Procurement of temporary and intermittent services.--
        The Chairperson of the Committee may procure temporary and
        intermittent services in accordance with section 3109(b) of
        title 5, United States Code, at rates for individuals that do
        not exceed the daily equivalent of the annual rate of basic pay
        prescribed for level V of the Executive Schedule under section
        5316 of that title.
    (h) Termination.--The Committee shall terminate 90 days after the
date on which the Committee submits the report of the Committee under
subsection (c)(2).
    (i) Definitions.--In this Act:
            (1) Great lakes.--The term ``Great Lakes'' means Lake Erie,
        Lake Huron (including Lake Saint Clair), Lake Michigan, Lake
        Ontario, Lake Superior, and the connecting channels of those
        lakes, including the Saint Mary's River, the Saint Clair River,
        the Detroit River, and the Saint Lawrence River to the Canadian
        border.
            (2) Great lakes state.--The term ``Great Lakes State''
        means each of the States of Illinois, Indiana, Ohio, Michigan,
        Minnesota, New York, Pennsylvania, and Wisconsin.
            (3) Great lakes region.--The term ``Great Lakes region''
        means the region comprised of the Great Lakes States.
            (4) Indian tribe.--The term ``Indian tribe'' has the
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
    (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $5,000,000 for fiscal year 2005.
            (2) Availability.--Amounts appropriated pursuant to the
        authorization of appropriations under paragraph (1) are
        authorized to remain available until the date of termination of
        the Committee under subsection (h).

Summary: Great Lakes Protection and Restoration Committee Act - Establishes the Great Lakes Protection and Restoration Committee to: (1) study and report to the President, the Congress, and the Governor of each Great Lakes State on programs established and carried out to achieve restoration goals for the Great Lakes prepared by the Governors of Great Lakes States. And (2) make recommendations for prioritization of such goals, legislation, and funding to achieve them, and improvement of coordination among programs and governments with respect to them.

To establish the Great Lakes Protection and Restoration Committee.