SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Video Choice Act of 2005''.

SEC. 2. ESTABLISHMENT OF VIDEO CHOICE REGULATORY RELIEF.

    The Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended
by adding at the end the following new title:

              ``TITLE VIII--VIDEO CHOICE REGULATORY RELIEF

``SEC. 801. DEFINITIONS.

    ``(a) Competitive Video Services Provider.--For purposes of this
title, the term `competitive video services provider' means any
provider of video programming, interactive on-demand services, other
programming services, or any other video services, who has, pursuant to
any Federal, State, or local law, any right, permission, or authority
to establish or use lines in or across public rights-of-way, which
right, permission or authority does not rely on, and is independent of,
any cable franchise obtained pursuant to section 621.
    ``(b) Other Terms.--For the purposes of this title, any term used
in this title that is defined by section 602 has the meaning provided
by that section.

``SEC. 802. REGULATORY RELIEF.

    ``(a) Redundant Franchises Prohibited.--Notwithstanding any other
provision of this Act, no competitive video services provider may be
required, whether pursuant to section 621 or to any other provision of
Federal, State, or local law, to obtain a franchise, in order to
provide any video programming, interactive on-demand services, other
programming services, or any other video services in any geographic
area if the provider has, pursuant to any Federal, State, or local law,
any right, permission, or authority to establish lines in or across
public rights-of-way in such geographic area, which right, permission
or authority does not rely on, and is independent of, any cable
franchise obtained pursuant to section 621.
    ``(b) Fees.--
            ``(1) Fees permitted.--Any competitive video services
        provider may be subject to the payment of fees to a local
        franchising authority, based on the gross revenues of the
        provider within the jurisdiction of such franchising authority,
        subject to the limitations of paragraph (2).
            ``(2) Limits on fees.--In determining the fees that may be
        required under paragraph (1)--
                    ``(A) the rate at which fees are imposed shall not
                exceed--
                            ``(i) the rate at which franchise fees are
                        imposed on any cable operator providing cable
                        service in the jurisdiction of the franchising
                        authority, as determined in accordance with
                        section 622 and any related regulations; or
                            ``(ii) in any jurisdiction in which no
                        cable operator provides service, no more than
                        the rate at which franchise fees could be
                        imposed rate on a cable operator in accordance
                        with section 622 and any related regulations;
                        and
                    ``(B) the only revenues that shall be considered
                are those attributable to services that would be
                considered in calculating franchise fees if the
                provider were deemed a cable operator for purposes of
                section 622 and any related regulations.
            ``(3) Itemized billing permitted.--The competitive video
        services provider may designate that portion of the end user's
        bill attributable to the fee under this subsection as a
        separate item on the bill.
    ``(c) Regulatory Treatment.--
            ``(1) Obligations and duties.--Any competitive video
        services provider shall--
                    ``(A) be subject to the retransmission consent
                provisions of section 325(b);
                    ``(B) carry, within each local franchise area, any
                public, educational, or governmental use channels that
                are carried by cable operators within such franchise
                area, and, in any franchise area not served by a cable
                operator, provide reasonable public, educational or
                governmental access facilities pursuant to section 611;
                    ``(C) carry the signals of local commercial
                television stations as required by section 614;
                    ``(D) carry the signals of local noncommercial
                educational television stations as required by section
                615;
                    ``(E) not deny services to any group of potential
                residential subscribers because of the income of the
                residents of the local area in which such group
                resides;
                    ``(F) be entitled to the benefits and protection of
                section 628;
                    ``(G) protect the personally identifiable
                information of its subscribers in the same manner as is
                required of cable operators with respect to subscribers
                to cable services under section 631;
                    ``(H) comply with any consumer protection and
                customer service requirements promulgated by the
                Commission pursuant to section 632;
                    ``(I) be entitled to the benefits and protection of
                section 633;
                    ``(J) be subject to the requirements of section
                641;
                    ``(K) be subject to the prohibition on buy outs of
                or by the incumbent cable operator under section 652;
                and
                    ``(L) not be subject to any other provisions of
                title VI of this Act.
            ``(2) Determinations of local signals.--For purposes of
        complying with paragraphs (1) (C) and (D), a competitive video
        service provider shall treat as local television stations with
        respect to a customer located within the jurisdiction of any
        franchising authority the same stations that are treated as
        local television stations for a cable system located within
        such jurisdiction.
    ``(d) Other Regulation Prohibited.--Except to the extent expressly
provided in this title, neither the Commission nor any State or
political subdivision thereof may regulate the rates, charges, terms,
or conditions for, entry into, exit from, deployment or provision of,
or any other aspect of the services provided by a competitive video
services provider.
    ``(e) State and Local Government Authority.--Except as provided in
subsection (a), nothing in this section affects the authority of a
State or local government to manage the public rights-of-way.''.

SEC. 3. REGULATION OF COMMON CARRIERS.

    Section 651(a)(3) of the Communications Act of 1934 (47 U.S.C.
571(a)(3)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B)
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) if such carrier is a competitive video
                services provider providing video programming pursuant
                to title VIII of this Act, such carrier shall not be
                subject to the requirements of this title except as
                provided in title VIII.''.

Summary: Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees to a local franchising authority based on the gross revenue of the CVSP in that area. Provides for the regulatory treatment of CVSPs.

To promote deployment of competitive video services and eliminate redundant and unnecessary regulation.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Emergency Management Agency
Sunset Act of 1993''.

SEC. 2. TRANSFER OF FUNCTIONS.

    (a) In General.--There are transferred to and vested in the
Secretary of Defense all functions, powers, and duties of the Director
of the Federal Emergency Management Agency under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and any other provision of
law.
    (b) Effective Date.--The transfer of authority under subsection (a)
shall take effect beginning on the 90th day after the date of the
enactment of this Act.

SEC. 3. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL.

    (a) In General.--The personnel (including members of the Senior
Executive Service) employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds employed,
held, used, arising from, available to or to be made available in
connection with, any function transferred by section 2 of this Act,
subject to section 1531 of title 31, United States Code, shall be
transferred to the Secretary of Defense for appropriate allocation.
Personnel employed in connection with functions so transferred or
transferred in accordance with any other lawful authority, shall be
transferred in accordance with any applicable laws and regulations
relating to transfer of functions. Unexpended funds transferred
pursuant to this subsection shall only be used for the purpose for
which the funds were originally authorized and appropriated.
    (b) Facilitation of Transfer by O.M.B.--In order to facilitate the
transfers made by section 2 of this Act, the Director of the Office of
Management and Budget is authorized and directed, in consultation with
the Director of the Federal Emergency Management Agency and the
Secretary of Defense, to make such determinations as may be necessary
with regard to the functions so transferred, and to make such
additional incidental dispositions of personnel, assets, liabilities,
contracts, property, records, and unexpended balances of
appropriations, authorizations, allocations, and other funds held,
used, arising from, available to, or to be made available in connection
with, such functions, as may be necessary to resolve any disputes
between the Director of the Federal Emergency Management Agency and the
Secretary of Defense.
    (c) Planning.--The Director of the Federal Emergency Management
Agency and the Secretary of Defense shall, beginning as soon as
practicable after the date of the enactment of this Act, jointly plan
for the orderly transfer of functions and personnel pursuant to this
Act.

SEC. 4. EFFECT ON PERSONNEL.

    (a) Rate of Pay.--Employees covered by the merit pay system under
chapter 54 of title 5, United States Code, who are transferred under
section 3 of this Act to the Department of Defense shall have their
rate of basic pay adjusted in accordance with section 5402 of such
title. With respect to the evaluation period during which such an
employee is transferred, merit pay determinations for that employee
shall be based on the factors in section 5402(b)(2) of such title as
appraised in performance appraisals administered by the Federal
Emergency Management Agency in accordance with chapter 43 of title 5,
United States Code, in addition to those administered by the agency to
which the employee is transferred.
    (b) Use of Services of F.E.M.A. Personnel.--With the consent of the
Director of the Federal Emergency Management Agency, the Secretary of
Defense is authorized to use the services of such officers, employees,
and other personnel of the Federal Emergency Management Agency for such
period of time as may reasonably be needed to facilitate the orderly
transfer of such functions.

SEC. 5. SAVING PROVISIONS.

    (a) Existing Orders, Determinations, Rules, Regulations, and
Agreements.--All orders, determinations, rules, regulations, and
agreements--
            (1) which have been issued, made, granted, or allowed to
        become effective by the President, any agency or official
        thereof, or by a court of competent jurisdiction, in the
        performance of any function which is transferred by section 2
        of this Act; and
            (2) which are in effect on the date of the enactment of
        this Act,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the Secretary of Defense, or other authorized officials, a court of
competent jurisdiction, or by operation of law.
    (b) Pending Applications.--The transfers of functions made by
section 2 of this Act shall not affect any application for any
financial assistance pending at the time such transfers take effect
before the Director of the Federal Emergency Management Agency.
    (c) Pending Suits.--Except as provided in subsection (e)--
            (1) the transfer of any function under section 2 of this
        Act shall not affect any suit relating to such function which
        is commenced prior to the date the transfer takes effect; and
            (2) in all such suits, proceedings shall be had, appeals
        taken, and judgments rendered in the same manner and effect as
        if section 2 of this Act had not been enacted.
    (d) Causes of Action.--No suit, action, or other proceeding
commenced by or against any officer in his official capacity as an
officer of the Federal Emergency Management Agency shall abate by
reason of the transfer of any function under section 2 of this Act. No
cause of action by or against the Federal Emergency Management Agency,
or by or against any officer thereof in his official capacity, shall
abate by reason of the transfer of any function under section 2 of this
Act.
    (e) Party to a Suit.--If, before the date of the enactment of this
Act, the Federal Emergency Management Agency, or officer thereof in his
official capacity, is a party to a suit relating to a function
transferred by section 2 of this Act, then such suit shall be continued
with the Secretary of Defense.
    (f) References.--With respect to any function transferred to the
Secretary of Defense by section 2 of this Act and exercised after the
effective date of such transfer, reference in any Federal law to the
Federal Emergency Management Agency, or to any officer or office of the
Federal Emergency Management Agency, shall be deemed to refer to the
Department of Defense, or other official or component of the Department
of Defense.
    (g) Force and Effect of Actions.--In the exercise of any function
transferred under section 2 of this Act, the Secretary of Defense shall
have the same authority as that vested in the Director of the Federal
Emergency Management Agency with respect to such function, immediately
preceding its transfer, and actions of the Secretary of Defense shall
have the same force and effect as when exercised by the Director of the
Federal Emergency Management Agency.
    (h) Continuity.--In exercising any function transferred by section
2 of this Act, the Secretary of Defense shall give full consideration
to the need for operational continuity of the function transferred.

Summary: Federal Emergency Management Agency Sunset Act of 1993 - Transfers all powers, funds, and personnel of the Federal Emergency Management Agency to the Secretary of Defense. Provides for the adjustment of the rate of basic pay of personnel transferred to the Department of Defense who are currently covered by Federal merit pay provisions. Continues all existing orders, rules, regulations, and agreements and pending applications for financial assistance or lawsuits concerning functions transferred under this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Employees, Healthy Small
Businesses Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In 2002, 44,000,000 Americans were without health
        insurance for the entire year, and the vast majority of these
        uninsured people are in working families.
            (2) The number of employees in a business greatly affects
        the likelihood of whether or not its employees are offered
        health insurance. In 2003, 98 percent of firms with over 200
        employees offered health benefits, while only 55 percent of
        firms with under 10 workers did.
            (3) Among uninsured workers in 2001, over half held jobs
        with companies having fewer than 100 employees.
            (4) The cost of health insurance for employers is very
        high. On average, in 2003, the total cost of an individual
        health plan was $3,383, of which the employee paid an average
        of $508 and the employer paid an average of $2875. For a family
        policy, the average cost was $9,068, with the employer bearing
        $6,656 and the employee shouldering $2,412.

SEC. 3. REFUNDABLE CREDIT FOR SMALL BUSINESS EMPLOYEE HEALTH INSURANCE
              EXPENSES.

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

``SEC. 36. SMALL BUSINESS EMPLOYEE HEALTH INSURANCE EXPENSES.

    ``(a) Determination of Amount.--In the case of a qualified small
employer, there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the expense
amount described in subsection (b) paid by the taxpayer during the
taxable year.
    ``(b) Subsection (b) Expense Amount.--For purposes of this
section--
            ``(1) In general.--The expense amount described in this
        subsection is the applicable percentage of the amount of
        qualified employee health insurance expenses of each qualified
        employee.
            ``(2) Applicable percentage.--For purposes of paragraph
        (1), the applicable percentage is equal to--
                    ``(A) for any qualified small employer described in
                subparagraph (A) of paragraph (4), 50 percent,
                    ``(B) for any qualified small employer described in
                subparagraph (B) of paragraph (4), 35 percent, and
                    ``(C) for any qualified small employer described in
                subparagraph (C) of paragraph (4), 25 percent.
            ``(3) Per employee dollar limitation.--
                    ``(A) In general.--The amount of qualified employee
                health insurance expenses taken into account under
                paragraph (1) with respect to any qualified employee
                for any taxable year shall not exceed--
                            ``(i) for any qualified small employer
                        described in subparagraph (A) of paragraph
                        (4)--
                                    ``(I) $1,500 in the case of self-
                                only coverage, and
                                    ``(II) $3,400 in the case of family
                                coverage,
                            ``(ii) for any qualified small employer
                        described in subparagraph (B) of paragraph
                        (4)--
                                    ``(I) $1,100 in the case of self-
                                only coverage, and
                                    ``(II) $2,400 in the case of family
                                coverage, and
                            ``(iii) for any qualified small employer
                        described in subparagraph (C) of paragraph
                        (4)--
                                    ``(I) $750 in the case of self-only
                                coverage, and
                                    ``(II) $1,700 in the case of family
                                coverage.
                    ``(B) Inflation adjustment.--
                            ``(i) In general.--In the case of any
                        taxable year beginning after 2006, each dollar
                        amount referred to in subparagraph (A) shall be
                        increased by an amount equal to--
                                    ``(I) such dollar amount,
                                multiplied by
                                    ``(II) the cost-of-living
                                adjustment determined under section
                                (1)(f)(3) for the calendar year in
                                which the taxable year begins, by
                                substituting `2005' for `1992'.
                            ``(ii) Rounding.--If any amount as adjusted
                        under clause (i) is not a multiple of $100,
                        such amount shall be rounded to the next lowest
                        multiple of $100.
            ``(4) Qualified small employers described.--A qualified
        small employer is described in--
                    ``(A) this subparagraph if such employer employed
                an average of 9 or fewer employees (as determined under
                subsection (c)(1)(A)(ii)),
                    ``(B) this subparagraph if such employer employed
                an average of more than 9 but less than 25 employees
                (as so determined), and
                    ``(C) this subparagraph if such employer employed
                an average of more than 24 but not more than 50
                employees (as so determined).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Qualified small employer.--
                    ``(A) In general.--The term `qualified small
                employer' means, with respect to any calendar year, any
                employer if--
                            ``(i) such employer pays or incurs at least
                        75 percent of the qualified employee health
                        insurance expenses of each qualified employee
                        (determined without regard to subsection
                        (b)(3)), and
                            ``(ii) such employer employed an average of
                        50 or fewer employees on business days during
                        either of the 2 preceding calendar years.
                For purposes of clause (ii), a preceding calendar year
                may be taken into account only if the employer was in
                existence throughout such year.
                    ``(B) Employers not in existence in preceding
                year.--In the case of an employer which was not in
                existence throughout the 1st preceding calendar year,
                the determination under subparagraph (A)(ii) shall be
                based on the average number of employees that it is
                reasonably expected such employer will employ on
                business days in the current calendar year.
            ``(2) Qualified employee health insurance expenses.--
                    ``(A) In general.--The term `qualified employee
                health insurance expenses' means any amount paid by an
                employer for health insurance coverage (as defined in
                section 9832(b)(1)) to the extent such amount is
                attributable to coverage provided to any employee while
                such employee is a qualified employee.
                    ``(B) Exception for amounts paid under salary
                reduction arrangements.--No amount paid or incurred for
                health insurance coverage pursuant to a salary
                reduction arrangement shall be taken into account under
                subparagraph (A).
            ``(3) Qualified employee.--
                    ``(A) In general.--The term `qualified employee'
                means, with respect to any period, an employee of an
                employer if--
                            ``(i) the annual amount of hours in the
                        employ of such employer by such employee is at
                        least 400 hours,
                            ``(ii) the total amount of wages paid or
                        incurred by such employer to such employee at
                        an annual rate during the taxable year is at
                        least $5,000, and
                            ``(iii) such employee is not eligible for--
                                    ``(I) any benefits under title
                                XVIII, XIX, or XXI of the Social
                                Security Act, or
                                    ``(II) any other publicly-sponsored
                                health insurance program.
                    ``(B) Treatment of certain employees.--For purposes
                of subparagraph (A), the term `employee'--
                            ``(i) shall not include an employee within
                        the meaning of section 401(c)(1), and
                            ``(ii) shall include a leased employee
                        within the meaning of section 414(n).
                    ``(C) Wages.--The term `wages' has the meaning
                given such term by section 3121(a) (determined without
                regard to any dollar limitation contained in such
                section).
    ``(d) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
    ``(e) Coordination With Deduction for Health Insurance Costs of
Self-Employed Individuals.--In the case of a taxpayer who is eligible
to deduct any amount under section 162(l) for the taxable year, this
section shall apply only if the taxpayer elects not to claim any amount
as a deduction under such section for such year.''.
    (b) Conforming Amendments.--
            (1) Paragraph (2) of section 1324(b) of title 31, United
        States Code, is amended by inserting before the period ``, or
        from section 36 of such Code''.
            (2) The table of sections for subpart C of part IV of
        subchapter A of chapter 1 of the Internal Revenue Code of 1986
        is amended by striking the last item and inserting the
        following new items:

                              ``Sec. 36. Small business employee health
                                        insurance expenses.
                              ``Sec. 37. Overpayments of tax.''.
    (e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2004.

Summary: Healthy Employees, Healthy Small Business Act of 2004 - Amends the Internal Revenue Code to allow certain small business employers a refundable tax credit for a portion of their employee health insurance costs.

A bill to amend the Internal Revenue Code of 1986 to provide a refundable tax credit for small business health insurance costs, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Reserves Small Business
Relief Act''.

SEC. 2. REPAYMENT DEFERRAL FOR ACTIVE DUTY RESERVES.

    Section 7 of the Small Business Act (15 U.S.C. 636) is amended by
adding at the end the following:
    ``(n) Repayment Deferred for Active Duty Reserves.--
            ``(1) Deferral of direct loans.--
                    ``(A) In general.--The Administration shall, upon
                written request, defer repayment of principal and
                interest due during the period of deferral described in
                subparagraph (B) on any direct loan made under
                subsection (a) or (b), if such loan was incurred by a
                qualified borrower.
                    ``(B) Period of deferral.--The period of deferral
                for repayment under this paragraph shall begin on the
                date on which the eligible reserve is ordered to active
                duty during a period of military conflict and shall
                terminate on the later of--
                            ``(i) the date that is 180 days after the
                        date such eligible reserve is discharged or
                        released from active duty; and
                            ``(ii) the date that is 180 days after the
                        date of enactment of this subsection.
                    ``(C) No accrual of interest during deferral.--
                During the period of deferral described in subparagraph
                (B), no interest shall accrue on any deferred loan.
            ``(2) Applicability.--This subsection shall apply with
        respect to any period of military conflict beginning on or
        after August 1, 1990.
            ``(3) Definitions.--In this subsection:
                    ``(A) Eligible reserve.--The term `eligible
                reserve' means a member of a reserve component of the
                Armed Forces serving pursuant to a call or order to
                active duty, or an order to remain on active duty,
                during a period of military conflict.
                    ``(B) Owner, manager, or key employee.--The term
                `owner, manager, or key employee' means an individual
                who--
                            ``(i) has not less than a 20 percent
                        ownership interest in a small business concern
                        described in subparagraph (D)(ii);
                            ``(ii) is a manager responsible for the
                        day-to-day operations of such small business
                        concern; or
                            ``(iii) is a key employee (as defined by
                        the Administration) of such small business
                        concern.
                    ``(C) Period of military conflict.--The term
                `period of military conflict' means--
                            ``(i) a period of war declared by Congress;
                            ``(ii) a period of national emergency
                        declared by Congress or by the President; or
                            ``(iii) a period for which members of
                        reserve components of the Armed Forces are
                        serving on active duty in the Armed Forces
                        under a call or order to active duty, under
                        section 688, 12301(a), 12302, 12304, or 12306
                        of title 10, United States Code.
                    ``(D) Qualified borrower.--The term `qualified
                borrower' means--
                            ``(i) an individual who is an eligible
                        reserve and who received a direct loan under
                        subsection (a) or (b) before being called or
                        ordered to active duty, or being ordered to
                        remain on active duty, during a period of
                        military conflict; or
                            ``(ii) a small business concern that
                        received a direct loan under subsection (a) or
                        (b) before an eligible reserve, who is
an owner, manager, or key employee, was called or ordered to active
duty, or was ordered to remain on active duty, during a period of
military conflict.''.

SEC. 3. DISASTER LOAN ASSISTANCE FOR MILITARY RESERVES' SMALL
              BUSINESSES.

    (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting after the undesignated paragraph that
begins with ``Provided, That no loan'', the following:
            ``(3)(A) The Administration may make such disaster loans
        (either directly or in cooperation with banks or other lending
        institutions through agreements to participate on an immediate
        or deferred basis) to assist a small business concern
        (including a small business concern engaged in the lease or
        rental of real or personal property) that has suffered or that
        is likely to suffer economic injury as the result of a call or
        order to active military duty, or an order to remain on active
        duty, of an owner, manager, or key employee of such small
        business concern during a period of military conflict.
            ``(B) Any loan or guarantee extended pursuant to this
        paragraph shall be made at an annual interest rate of 4
        percent, without regard to the ability of the small business
        concern to secure credit elsewhere.
            ``(C) No loan may be made under this paragraph, either
        directly or in cooperation with banks or other lending
        institutions through agreements to participate on an immediate
        or deferred basis, if the total amount outstanding and
        committed to the borrower under this subsection would exceed
        $500,000, except that the Administration may waive the $500,000
        limitation if the Administration determines that the applicant
        for the loan constitutes a major source of employment in its
        surrounding area, and such area is not larger than the
        surrounding county.
            ``(D) For purposes of assistance under this paragraph, no
        declaration of a disaster area shall be required.
            ``(E) This paragraph shall apply with respect to any period
        of military conflict beginning on or after August 1, 1990.
            ``(F) In this paragraph--
                    ``(i) the term `economic injury' means an economic
                harm to a business concern that results in the
                inability of the business concern to market, produce,
                or provide a product or service ordinarily marketed,
                produced, or provided by the business concern;
                    ``(ii) the term `owner, manager, or key employee'
                means an individual who--
                            ``(I) has not less than a 20 percent
                        ownership interest in the small business
                        concern;
                            ``(II) is a manager responsible for the
                        day-to-day operations of such small business
                        concern; or
                            ``(III) is a key employee (as defined by
                        the Administration) of such small business
                        concern; and
                    ``(iii) the term `period of military conflict' has
                the meaning given the term in subsection (n)(3).''.
    (b) Conforming Amendments.--Section 4(c) of the Small Business Act
(15 U.S.C. 633(c)) is amended--
            (1) in paragraph (1), by striking ``7(b)(4),''; and
            (2) in paragraph (2), by striking ``7(b)(4), 7(b)(5),
        7(b)(6), 7(b)(7), 7(b)(8),''.

SEC. 4. REGULATIONS.

    Not later than 60 days after the date of enactment of this Act, the
Small Business Administration shall issue such regulations as may be
necessary to carry out the amendments made by sections 2 and 3.

Summary: Military Reserves Small Business Relief Act - Amends the Small Business Act to require the Small Business Administration (SBA), upon written request, to defer repayment of principal and interest due on a direct general business or disaster loan made to a member of the reserves ordered to active duty during a period of military conflict, as long as such reservist: (1) received the loan before being ordered to such duty. And (2) is the owner, manager, or key employee of a small business for which the loan was made. Extends such deferral period until the later of 180 days after: (1) such reservist is discharged or released from active duty. Or (2) the date of enactment of this Act. Applies such assistance to periods of military conflict occurring on or after August 1, 1990. Authorizes the SBA to make disaster loans to assist a small business that has suffered or is likely to suffer economic injury as the result of the owner, manager, or key employee of such business being ordered to active duty during a period of military conflict. Provides a loan limitation. Applies such assistance to periods of military conflict occurring on or after August 1, 1990.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Freedom Agenda Act of
2007''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Unchecked power by any branch leads to oppressive
        transgressions on individual freedoms and ill-considered
        government policies.
            (2) The Founding Fathers enshrined checks and balances in
        the Constitution to protect against government abuses to derail
        ill-conceived domestic or foreign endeavors.
            (3) Checks and balances make the Nation safer by preventing
        abuses that would be exploited by Al Qaeda to boost terrorist
        recruitment, would deter foreign governments from cooperating
        in defeating international terrorism, and would make the
        American people reluctant to support aggressive counter-
        terrorism measures.
            (4) Checks and balances have withered since 9/11 and an
        alarming concentration of power has been accumulated in the
        presidency based on hyper-inflated fears of international
        terrorism and a desire permanently to alter the equilibrium of
        power between the three branches of government.
            (5) The unprecedented constitutional powers claimed by the
        President since 9/11 subtracted national security and have been
        asserted for non-national security purposes.
            (6) Experience demonstrates that global terrorism can be
        thwarted, deterred, and punished through muscular application
        of law enforcement measures and prosecutions in Federal
        civilian courts in lieu of military commissions or military
        law.
            (7) Congressional oversight of the executive branch is
        necessary to prevent secret government, which undermines self-
        government and invites lawlessness and maladministration.
            (8) The post-9/11 challenges to checks and balances are
        unique in the Nation's history because the war on global
        terrorism has no discernable end.
    (b) Purpose.--The American Freedom Agenda Act of 2007 is intended
to restore the Constitution's checks and balances and protections
against government abuses as envisioned by the Founding Fathers.

SEC. 3. MILITARY COMMISSIONS; ENEMY COMBATANTS; HABEAS CORPUS.

    (a) The Military Commissions Act of 2006 is hereby repealed.
    (b) The President is authorized to establish military commissions
for the trial of war crimes only in places of active hostilities
against the United States where an immediate trial is necessary to
preserve fresh evidence or to prevent local anarchy.
    (c) The President is prohibited from detaining any individual
indefinitely as an unlawful enemy combatant absent proof by substantial
evidence that the individual has directly engaged in active hostilities
against the United States, provided that no United States citizen shall
be detained as an unlawful enemy combatant.
    (d) Any individual detained as an enemy combatant by the United
States shall be entitled to petition for a writ of habeas corpus under
section 2241 of title 28, United States Code.

SEC. 4. TORTURE OR COERCED CONFESSIONS.

    No civilian or military tribunal of the United States shall admit
as evidence statements extracted from the defendant by torture or
coercion.

SEC. 5. INTELLIGENCE GATHERING.

    No Federal agency shall gather foreign intelligence in
contravention of the Foreign Intelligence Surveillance Act (50 U.S.C.
1801 et seq.). The President's constitutional power to gather foreign
intelligence is subordinated to this provision.

SEC. 6. PRESIDENTIAL SIGNING STATEMENTS.

    The House of Representatives and Senate collectively shall enjoy
standing to file a declaratory judgment action in an appropriate
Federal district court to challenge the constitutionality of a
presidential signing statement that declares the President's intent to
disregard provisions of a bill he has signed into law because he
believes they are unconstitutional.

SEC. 7. KIDNAPPING, DETENTIONS, AND TORTURE ABROAD.

    No officer or agent of the United States shall kidnap, imprison, or
torture any person abroad based solely on the President's belief that
the subject of the kidnapping, imprisonment, or torture is a criminal
or enemy combatant; provided that kidnapping shall be permitted if
undertaken with the intent of bringing the kidnapped person for
prosecution or interrogation to gather intelligence before a tribunal
that meets international standards of fairness and due process. A
knowing violation of this section shall be punished as a felony
punishable by a fine or imprisonment of up to 2 years.

SEC. 8. JOURNALIST EXCEPTION TO ESPIONAGE ACT.

    Nothing in the Espionage Act of 1917 shall prohibit a journalist
from publishing information received from the executive branch or
Congress unless the publication would cause direct, immediate, and
irreparable harm to the national security of the United States.

SEC. 9. USE OF SECRET EVIDENCE TO MAKE FOREIGN TERRORIST DESIGNATIONS.

    Notwithstanding any other law, secret evidence shall not be used by
the President or any other member of the executive branch to designate
an individual or organization with a United States presence as a
foreign terrorist or foreign terrorist organization for purposes of the
criminal law or otherwise imposing criminal or civil sanctions.

Summary: American Freedom Agenda Act of 2007 - Repeals the Military Commissions Act of 2006. Authorizes the President to establish military commissions for the trial of war crimes only in places of active hostilities against the United States where an immediate trial is necessary to preserve fresh evidence or to prevent local anarchy. Prohibits the President from detaining any individual indefinitely as an unlawful enemy combatant absent proof by substantial evidence that the individual has directly engaged in active hostilities against the United States. Prohibits the detention of any US citizen as an unlawful enemy combatant. Entitles any individual detained as an enemy combatant by the United States to petition for a writ of habeas corpus. Prohibits any civilian or military tribunal of the United States from admitting as evidence statements extracted from the defendant by torture or coercion. Prohibits any federal agency from gathering foreign intelligence in contravention of the Foreign Intelligence Surveillance Act. Subordinates the President's constitutional power to gather foreign intelligence to such prohibition. Gives the House of Representatives and Senate standing to file a declatory judgment action in an appropriate federal district court to challenge the constitutionality of a presidential signing statement that declares the president's intent to disregard provisions of a bill he has signed into law because he believes they are unconstitutional. Prohibits any US officer or agent from kidnapping, imprisoning, or torturing any person abroad based soley on the president's belief that the subject of the action is a criminal or enemy combatant. Allows kidnapping if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process. Provides that nothing in the Espionage Act of 1917 shall prohibit a journalist from publishing information received from the executive branch or Congress unless the publication would cause direct, immediate, and irreparable harm to US national security. Prohibits the use of secret evidence by the President or any other member of the executive branch to designate an individual or organization with a US presence as a foreign terrorist or foreign terrorist organization for purposes of the criminal law or civil sanctions.

To restore the Constitution's checks and balances and protections against government abuses as envisioned by the Founding Fathers.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense Superfund Liability
Relief Act of 1997''.

SEC. 2. SMALL PARTY LIABILITY RELIEF UNDER SUPERFUND.

    (a) Liability Exemption.--Section 107(a) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607(a)) is amended as follows:
            (1) In paragraph (4), by striking ``by such person,'' and
        all that follows through ``shall be liable for--'' and
        inserting in lieu thereof the following: ``by such person--
from which there is a release, or a threatened release, that causes the
incurrence of response costs, of a hazardous substance, shall be liable
for--''.
            (2) By designating the text beginning with ``The amounts
        recoverable'' and ending with ``this subsection commences.'' as
        paragraph (5) and aligning the margin of such text with
        paragraph (4).
            (3) By adding the following new paragraph after paragraph
        (5):
            ``(6)(A) Notwithstanding paragraphs (1) through (4) of this
        subsection, a person who does not impede the performance of a
        response action or natural resource restoration at a facility
        shall not be liable to the extent liability at such facility is
        based solely on paragraph (3) or (4) of this subsection, and
        the person arranged for disposal, treatment, or transport for
        disposal or treatment, or accepted for transport for disposal
        or treatment of only municipal solid waste or sewage sludge
        owned or possessed by such person, and the person is--
                    ``(i) the owner, operator, or lessee of residential
                property;
                    ``(ii) a small business; or
                    ``(iii) a small non-profit organization.
            ``(B) This paragraph shall have no effect on the liability
        of any other person.''.
    (b) Small Business Defined.--Section 101 of such Act (42 U.S.C.
9601) is amended by adding at the end the following new paragraph:
            ``(39) Small business.--The term `small business' refers to
        any business entity that employs no more than 100 individuals
        and is a `small business concern' as defined under the Small
        Business Act (15 U.S.C. 631 et seq.).''.

SEC. 3. INNOCENT LANDOWNER PROTECTION UNDER SUPERFUND.

    (a) Environmental Site Assessment.--Section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9607) is further amended by adding at the end the
following new subsection:
    ``(o) Innocent Landowners.--
            ``(1) Conduct of environmental assessment.--A person who
        has acquired real property shall have made all appropriate
        inquiry within the meaning of subparagraph (B) of section
        101(35) if he establishes that, within 180 days prior to the
        time of acquisition, an environmental site assessment of the
        real property was conducted which meets the requirements of
        paragraph (2).
            ``(2) Definition of environmental site assessment.--For
        purposes of this subsection, the term `environmental site
        assessment' means an assessment conducted in accordance with
        the standards set forth in the American Society for Testing and
        Materials (ASTM) Standard E1527-94, titled `Standard Practice
        for Environmental Site Assessments: Phase I Environmental Site
        Assessment Process' or with alternative standards issued by
        rule by the President or promulgated or developed by others and
        designated by rule by the President. Before issuing or
        designating alternative standards, the President shall first
        conduct a study of commercial and industrial practices
        concerning environmental site assessments in the transfer of
        real property in the United States. Any such standards issued
        or designated by the President shall also be deemed to
constitute commercially reasonable and generally accepted standards and
practices for purposes of this paragraph. In issuing or designating any
such standards, the President shall consider requirements governing
each of the following:
                    ``(A) Interviews of owners, operators, and
                occupants of the property to determine information
                regarding the potential for contamination.
                    ``(B) Review of historical sources as necessary to
                determine previous uses and occupancies of the property
                since the property was first developed. For purposes of
                this subclause, the term `historical sources' means any
                of the following, if they are reasonably ascertainable:
                recorded chain of title documents regarding the real
                property, including all deeds, easements, leases,
                restrictions, and covenants, aerial photographs, fire
                insurance maps, property tax files, USGS 7.5 minutes
                topographic maps, local street directories, building
                department records, zoning/land use records, and any
                other sources that identify past uses and occupancies
                of the property.
                    ``(C) Determination of the existence of recorded
                environmental cleanup liens against the real property
                which have arisen pursuant to Federal, State, or local
                statutes.
                    ``(D) Review of reasonably ascertainable Federal,
                State, and local government records of sites or
                facilities that are likely to cause or contribute to
                contamination at the real property, including, as
                appropriate, investigation reports for such sites or
                facilities; records of activities likely to cause or
                contribute to contamination at the real property,
                including landfill and other disposal location records,
                underground storage tank records, hazardous waste
                handler and generator records and spill reporting
                records; and such other reasonably ascertainable
                Federal, State, and local government environmental
                records which could reflect incidents or activities
                which are likely to cause or contribute to
                contamination at the real property.
                    ``(E) A visual site inspection of the real property
                and all facilities and improvements on the real
                property and a visual inspection of immediately
                adjacent properties, including an investigation of any
                hazardous substance use, storage, treatment, and
                disposal practices on the property.
                    ``(F) Any specialized knowledge or experience on
                the part of the landowner.
                    ``(G) The relationship of the purchase price to the
                value of the property if uncontaminated.
                    ``(H) Commonly known or reasonably ascertainable
                information about the property.
                    ``(I) The obviousness of the presence or likely
                presence of contamination at the property, and the
                ability to detect such contamination by appropriate
                investigation.
        A record shall be considered to be `reasonably ascertainable'
        for purposes of this paragraph if a copy or reasonable
        facsimile of the record is publicly available by request
        (within reasonable time and cost constraints) and the record is
        practically reviewable.
            ``(3) Appropriate inquiry.--A person shall not be treated
        as having made all appropriate inquiry under paragraph (1)
        unless--
                    ``(A) the person has maintained a compilation of
                the information reviewed and gathered in the course of
                the environmental site assessment;
                    ``(B) the person exercised appropriate care with
                respect to hazardous substances found at the facility
                by taking reasonable steps to stop on-going releases,
                prevent threatened future releases of hazardous
                substances, and prevent or limit human or natural
                resource exposure to hazardous substances previously
                released into the environment; and
                    ``(C) the person provides full cooperation,
                assistance, and facility access to persons authorized
                to conduct response actions or natural resource
                restoration at the facility, including the cooperation
                and access necessary for the installation, integrity,
                operation, and maintenance of any complete or partial
                response action or natural resource restoration at the
                facility.''.
    (b) Cross Reference.--Section 101(35)(B) of such Act (42 U.S.C.
9601(35)(B)) is amended by inserting after ``all appropriate inquiry''
the following: ``(as specified in section 107(o))''.

SEC. 4. PROSPECTIVE PURCHASER PROTECTION UNDER SUPERFUND.

    (a) Limitations on Liability.--Section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) is further amended by adding at the end the following new
subsection:
    ``(p) Limitations on Liability for Prospective Purchasers.--
Notwithstanding paragraphs (1) through (4) of subsection (a), to the
extent the liability of a person, with respect to a release or the
threat of a release from a facility, is based solely on subsection
(a)(1), the person shall not be liable under this Act if the person--
            ``(1) is a bona fide prospective purchaser of the facility;
        and
            ``(2) does not impede the performance of any response
        action or natural resource restoration at a facility.''.
    (b) Prospective Purchaser and Windfall Lien.--Section 107 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (as amended by subsection (a)) is further amended by adding
after subsection (p) the following new subsection:
    ``(q) Prospective Purchaser and Windfall Lien.--
            ``(1) In general.--In any case in which there are
        unrecovered response costs at a facility for which an owner of
        the facility is not liable by reason of subsection (p), and the
        conditions described in paragraph (3) are met, the United
        States shall have a lien on the facility, or may obtain, from
        the appropriate responsible party or parties, a lien on other
        property or other assurances of payment satisfactory to the
        Administrator, for the unrecovered costs.
            ``(2) Amount; duration.--The lien--
                    ``(A) shall be for an amount not to exceed the
                increase in fair market value of the property
                attributable to the response action at the time of a
                subsequent sale or other disposition of the property;
                    ``(B) shall arise at the time costs are first
                incurred by the United States with respect to a
                response action at the facility;
                    ``(C) shall be subject to the requirements for
                notice and validity specified in subsection (l)(3); and
                    ``(D) shall continue until the earlier of
                satisfaction of the lien or recovery of all response
                costs incurred at the facility.
            ``(3) Conditions.--The conditions referred to in paragraph
        (1) are the following:
                    ``(A) Response action.--A response action for which
                there are unrecovered costs is carried out at the
                facility.
                    ``(B) Fair market value.--The response action
                increases the fair market value of the facility above
                the fair market value of the facility that existed on
                the date that is 180 days before the response action
                was commenced.''.
    (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of
the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601) is further amended by adding at the end
the following:
            ``(40) Bona fide prospective purchaser.--The term `bona
        fide prospective purchaser' means a person who acquires
        ownership of a facility after the date of enactment of this
        paragraph, or a tenant of such a person, who can establish each
        of the following by a preponderance of the evidence:
                    ``(A) Disposal prior to acquisition.--All active
                disposal of hazardous substances at the facility
                occurred before the person acquired the facility.
                    ``(B) Inquiry.--
                            ``(i) In general.--The person made all
                        appropriate inquiry into the previous ownership
                        and uses of the facility in accordance with
                        generally accepted good commercial and
                        customary standards and practices.
                            ``(ii) Standards.--The ASTM standards
                        described in section 107(o)(2) or the
                        alternative standards issued or designated by
                        the President pursuant to that section shall
                        satisfy the requirements of this subparagraph.
                            ``(iii) Residential property.--In the case
                        of property in residential or other similar use
                        at the time of purchase by a nongovernmental or
                        noncommercial entity, a site inspection and
                        title search that reveal no basis for further
                        investigation shall satisfy the requirements of
                        this subparagraph.
                    ``(C) Notices.--The person provided all legally
                required notices with respect to the discovery or
                release of any hazardous substances at the facility.
                    ``(D) Care.--The person exercised appropriate care
                with respect to hazardous substances found at the
                facility by taking reasonable steps to--
                            ``(i) stop ongoing releases;
                            ``(ii) prevent threatened future releases
                        of hazardous substances; and
                            ``(iii) prevent or limit human or natural
                        resource exposure to hazardous substances
                        previously released into the environment.
                    ``(E) Cooperation, assistance, and access.--The
                person provides full cooperation, assistance, and
                facility access to such persons as are authorized to
                conduct response actions at the facility, including the
                cooperation and access necessary for the installation,
                integrity, operation, and maintenance of any complete
                or partial response action at the facility.
                    ``(F) Relationship.--The person is not liable, or
                is not affiliated with any other person that is
                potentially liable, for response costs at the facility,
                through any direct or indirect familial relationship,
                or any contractual, corporate, or financial
                relationship other than that created by the instruments
                by which title to the facility is conveyed or
                financed.''.

Summary: Common Sense Superfund Liability Relief Act of 1997 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve of liability for response actions a person who does not impede a response action or natural resource restoration to the extent liability is based solely on arrangement, transportation, or acceptance provisions relating to disposal or treatment of hazardous substances and such activities only involved municipal solid waste or sewage sludge possessed by the person and the person is: (1) the owner, operator, or lessee of residential property, (2) a small business. Or (3) a small nonprofit organization. Adds provisions related to defenses to liability of an owner of after-acquired property, to deem a person to have made appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this section and the facility's fair market value has increased above that which existed 180 days before the action was taken.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taking Account of Institutions with
Low Operation Risk Act of 2015'' or the ``TAILOR Act of 2015''.

SEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS.

    (a) In General.--For any regulatory action occurring subsequent to
enactment of this section, and notwithstanding any other provision of
law, the Federal financial institutions regulatory agencies shall--
            (1) take into consideration the risk profile and business
        models of the various institutions or classes of institutions
        subject to the regulatory action;
            (2) determine the necessity, appropriateness, and impact of
        applying such regulatory action to such institutions or classes
        of institutions; and
            (3) tailor such regulatory action applicable to such
        institutions or class of institutions in a manner that limits
        the regulatory compliance impact, cost, liability risk, and
        other burdens as is appropriate for the risk profile and
        business model involved.
    (b) Other Considerations.--In satisfying the requirements of
subsection (a) and when implementing such regulatory action, the
Federal financial institutions regulatory agencies shall also
consider--
            (1) the impact that such regulatory action, both by itself
        and in conjunction with the aggregate effect of other
        regulations, has on the ability of the institution or class of
        institutions to flexibly serve evolving and diverse customer
        needs;
            (2) the potential unintended impact of examination manuals
        or other regulatory directives that work in conflict with the
        tailoring of such regulatory action described in subsection
        (a)(3); and
            (3) the underlying policy objectives of the regulatory
        action and statutory scheme involved.
    (c) Notice of Proposed and Final Rulemaking.--The Federal financial
institutions regulatory agencies shall disclose in every notice of
proposed rulemaking and in any final rulemaking for a regulatory action
how the agency has applied subsections (a) and (b).
    (d) Reports to Congress.--
            (1) Individual agency reports.--
                    (A) In general.--The Federal financial institutions
                regulatory agencies shall individually report to the
                Committee on Financial Services of the House of
                Representatives and the Committee on Banking, Housing,
                and Urban Affairs of the Senate, within twelve months
                of enactment of this section and annually thereafter,
                on the specific actions taken to tailor the agency's
                regulatory actions pursuant to the requirements of this
                section.
                    (B) Appearance before the committees.--The head of
                each Federal financial institution regulatory agency
                shall appear before the Committee on Financial Services
                of the House of Representatives and the Committee on
                Banking, Housing, and Urban Affairs of the Senate after
                each report is made pursuant to subparagraph (A), to
                testify on the contents of such report.
            (2) FIEC reports.--
                    (A) In general.--The Financial Institutions
                Examination Council shall report to the Committee on
                Financial Services of the House of Representatives and
                the Committee on Banking, Housing, and Urban Affairs of
                the Senate, within three months after the reports
                required under paragraph (1)--
                            (i) on the extent to which regulatory
                        actions tailored pursuant to this section
                        result in differential regulation of similarly-
                        situated institutions of diverse charter types
                        with respect to comparable regulations; and
                            (ii) the reasons for such differential
                        treatment.
                    (B) Appearance before the committees.--The Chairman
                of the Financial Institutions Examination Council shall
                appear before the Committee on Financial Services of
                the House of Representatives and the Committee on
                Banking, Housing, and Urban Affairs of the Senate after
                each report is made pursuant to subparagraph (A), to
                testify on the contents of such report.
    (e) Limited Look-Back Application.--The Federal financial
institutions regulatory agencies shall conduct a review of all
regulations adopted during the period beginning on the date that is
five years before the date of the introduction of this Act in the House
of Representatives and ending on the date of the enactment of this Act
and apply the requirements of this section to such regulations. If the
application of the requirements of this section to any such regulation
requires such regulation to be revised, the agency shall revise such
regulation within three years of the enactment of this section.
    (f) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Federal financial institutions regulatory agencies.--
        The term ``Federal financial institutions regulatory agencies''
        means the Office of the Comptroller of the Currency, the Board
        of Governors of the Federal Reserve System, the Federal Deposit
        Insurance Corporation, the National Credit Union
        Administration, and the Bureau of Consumer Financial
        Protection.
            (2) Regulatory action.--The term ``regulatory action''
        means any proposed, interim, or final rule or regulation,
        guidance, or published interpretation.

Summary: Taking Account of Institutions with Low Operation Risk Act of 2015 or the TAILOR Act of 2015 This bill directs the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Consumer Financial Protection Bureau to: take into consideration the risk profile and business models of institutions subject to regulatory action. Determine the necessity, appropriateness, and impact of applying that action to such institutions. And tailor regulatory action so as to limit the burden of regulatory compliance as befits the risk profile and business model involved. The federal financial institutions regulatory agencies shall also consider: the impact that such regulatory action has upon the ability of the institution to flexibly serve evolving and diverse customer needs, the potential unintended impact of examination manuals or other regulatory directives that work in conflict with the tailoring of such regulatory action, and the underlying policy objectives of the regulatory action and statutory scheme involved. In addition, a federal financial institutions regulatory agency must disclose in every notice of a proposed and final rulemaking for a regulatory action how it has applied this bill. The Financial Institutions Examination Council shall report to Congress on the extent to which regulatory actions tailored pursuant to this bill result in differential regulation of similarly-situated institutions of diverse charter types with respect to comparable regulations. The agencies must also apply the requirements of this bill to all regulations adopted five years before the introduction of this bill and ending on the date of its enactment.

TAILOR Act of 2015


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mud Dump Permanent Closure and
Remediation Act of 2000''.

SEC. 2. PERMANENT DUMPING BAN AT HISTORIC AREA REMEDIATION SITE.

    Section 103 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1413) is amended by adding at the end the following:
    ``(f) Historic Area Remediation Site.--
            ``(1) Prohibition on ocean dumping.--Except as provided by
        paragraph (2), after the date of enactment of this subsection,
        dumping shall be prohibited at the Historic Area Remediation
        Site (as defined in subsection (g)).
            ``(2) Permits for remediation.--After the date of issuance
        of standards for remediation materials under subsection (g),
        the Secretary may issue permits under this section authorizing
        the transportation of dredged materials to the Historic Area
        Remediation Site solely for the purpose of providing for
        remediation of the site.
            ``(3) Remediation to be followed by permanent closure.--
        Upon satisfying the goal specified in subsection (g)(2)(B) at
        the Historic Area Remediation Site, as determined by the
        Administrator, the Secretary shall not issue any further
        permits under this section authorizing the transportation of
        dredged materials to the site for any purpose.
            ``(4) Existing permits.--A permit issued under this section
        before the date of enactment of this subsection shall not be
        effective to the extent that the permit authorizes dumping in
        violation of this subsection.
            ``(5) Advance notice of permits.--At least 30 days before
        issuing a permit under paragraph (2), the Secretary shall
        provide written notice of the permit to the Governors of the
        States of New York and New Jersey and to each Member of
        Congress representing one of such States. This paragraph shall
        not be construed to affect any notification requirement under
        any other provision of law.''.

SEC. 3. STANDARDS FOR REMEDIATION MATERIALS.

    Section 103 of the Marine Protection, Research, and Sanctuaries Act
of 1972 (33 U.S.C. 1413) is further amended by adding at the end the
following:
    ``(g) Standards for Remediation Materials.--
            ``(1) Development of standards.--Not later than 90 days
        after the date of enactment of this subsection, the
        Administrator, in consultation with the Under Secretary for
        Oceans and Atmosphere, shall develop and publish in the Federal
        Register standards for evaluating dredged materials to be used
        solely for remediation purposes at the Historic Area
        Remediation Site.
            ``(2) Requirements for standards.--
                    ``(A) In general.--In developing standards under
                paragraph (1), the Administrator shall ensure that the
                materials used for remediation--
                            ``(i) contain significantly lower levels of
                        contaminants (as referred to in section 227.6
                        of title 40, Code of Federal Regulations),
                        including polycyclic aromatic hydrocarbons and
                        polyclorinated biphenyls, than exist at the
                        Historic Area Remediation Site;
                            ``(ii) will significantly reduce
                        contamination levels in biota and sediments at
                        the Historic Area Remediation Site; and
                            ``(iii) will reduce both the number,
                        extent, and magnitude of undesirable effects on
                        marine life in and around the Historic Area
                        Remediation Site, including through
                        bioaccumulation.
                    ``(B) Goal.--The goal of the standards to be
                developed under paragraph (1) shall be to reduce the
                level of contamination at the Historic Area Remediation
                Site to a level that reflects background ambient
                contamination levels in the ocean.
            ``(3) Notice and comment.--The Administrator shall provide
        notice and an opportunity for public comment before issuing
        final standards under paragraph (1).
            ``(4) Definitions.--In this subsection, the following
        definitions apply:
                    ``(A) Background ambient contamination levels.--The
                term `background ambient contamination levels' means a
                level of contamination that is substantially equivalent
                to or less than--
                            ``(i) the levels of contamination in biota
                        and sediments found occurring naturally in the
                        ocean in areas that have never been impacted by
                        ocean dumping; and
                            ``(ii) the levels of contamination found in
                        the clean reference sediments used by the
                        Environmental Protection Agency when testing
                        and evaluating remediation materials to be
                        deposited at the Historic Area Remediation
                        Site.
                    ``(B) Clean reference sediments.--The term `clean
                reference sediments' means a sediment, substantially
                free of contaminants, that is as similar to the grain
                size of the dredged material and the sediment at the
                disposal site as practical, and reflects conditions
                that would exist in the vicinity of the disposal site
                had no dredged material disposal ever occurred, but had
                all other influences on sediment taken place.
                    ``(C) Historic area remediation site.--The term
                `Historic Area Remediation Site' means the dredged
                material disposal area known by that name that is
                located east of Sandy Hook, New Jersey, and described
                in section 228.15(d)(6) of title 40, Code of Federal
                Regulations (as in effect on July 1, 1999).''.

Summary: Provides that an existing permit shall not be effective if it authorizes dumping in violation of this Act. Requires the Administrator of the Environmental Protection Agency to develop standards for evaluating dredged materials to be used solely for remediation purposes at the Site. Directs the Administrator, in developing such standards, to ensure that the materials used for remediation: (1) contain significantly lower levels of contaminants than exist at the Site. (2) will significantly reduce contamination levels in biota and sediments at the Site. And (3) will reduce the number, extent, and magnitude of undesirable effects on marine life in and around the Site. Requires the goals of such standards to be to reduce the level of contamination at the Site to a level that reflects background ambient contamination levels in the ocean.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Risk Evaluation Act of
1995''.

SEC. 2. FINDINGS AND POLICY.

    (a) Definitions.--As used in this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Adverse effect on human health.--The term ``adverse
        effect on human health'' includes any increase in the rate of
        death or serious illness, including disease, cancer, birth
        defects, reproductive dysfunction,developmental effects
        (including effects on the endocrine and nervous systems), and
        other impairments in bodily functions.
            (3) Risk.--The term ``risk'' means the likelihood of an
        occurrence of an adverse effect on human health, the
        environment, or public welfare.
            (4) Source of pollution.--The term ``source of pollution''
        means a category or class of facilities or activities that
        alter the chemical, physical, or biological character of the
        natural environment.
    (b) Findings.--Congress finds that--
            (1) cost-benefit analysis and risk assessment are useful
        but imperfect tools that serve to enhance the information
        available in developing environmental regulations and programs;
            (2) cost-benefit analysis and risk assessment can also
        serve as useful tools in setting priorities and evaluating the
        success of environmental protection programs;
            (3) cost and risk are not the only factors that need to be
        considered in evaluating environmental programs as other
        factors, including values and equity, must also be considered;
            (4) current methods for valuing ecological resources and
        assessing intergenerational effects of sources of pollution
        need further development before integrated rankings of sources
        of pollution based on the factors referred to in paragraph (3)
        can be used with high levels of confidence;
            (5) methods to assess and describe the risks of adverse
        human health effects, other than cancer, need further
        development before integrated rankings of sources of pollution
        based on the risk to human health can be used with high levels
        of confidence;
            (6) periodic reports by the Administrator on the costs and
        benefits of regulations promulgated under Federal environmental
        laws, and other Federal actions with impacts on human health,
        the environment, or public welfare, will provide Congress and
        the general public with a better understanding of--
                    (A) national environmental priorities; and
                    (B) expenditures being made to achieve reductions
                in risk to human health, the environment, and public
                welfare; and
            (7) periodic reports by the Administrator on the costs and
        benefits of environmental regulations will also--
                    (A) provide Congress and the general public with a
                better understanding of the strengths, weaknesses, and
                uncertainties of cost-benefit analysis and risk
                assessment and the research needed to reduce major
                uncertainties; and
                    (B) assist Congress and the general public in
                evaluating environmental protection regulations and
                programs, and other Federal actions with impacts on
                human health, the environment, or public welfare, to
                determine the extent to which the regulations,
                programs, and actions adequately and fairly protect
                affected segments of society.
    (c) Report on Environmental Priorities, Costs, and Benefits.--
            (1) Ranking.--
                    (A) In general.--The Administrator shall identify
                and, taking into account available data, to the extent
                practicable, rank sources of pollution with respect to
                the relative degree of risk of adverse effects on human
                health, the environment, and public welfare.
                    (B) Method of ranking.--In carrying out the
                rankings under subparagraph (A), the Administrator
                shall--
                            (i) rank the sources of pollution
                        considering the extent and duration of the
                        risk; and
                            (ii) take into account broad societal
                        values, including the role of natural resources
                        in sustaining economic activity into the
                        future.
            (2) Evaluation of regulatory and other costs.--In addition
        to carrying out the rankings under paragraph (1), the
        Administrator shall evaluate--
                    (A) the private and public costs associated with
                each source of pollution and the costs and benefits of
                complying with regulations designed to protect against
                risks associated with the sources of pollution; and
                    (B) the private and public costs and benefits
                associated with other Federal actions with impacts on
                human health, the environment, or public welfare,
                including direct development projects, grant and loan
                programs to support infrastructure construction and
                repair, and permits, licenses, and leases to use
                natural resources or to release pollution to the
                environment, and other similar actions.
            (3) Risk reduction opportunities.--In assessing risks,
        costs, and benefits as provided in paragraphs (1) and (2), the
        Administrator shall also identify reasonable opportunities to
        achieve significant risk reduction through modifications in
        environmental regulations and programs and other Federal
        actions with impacts on human health, the environment, or
        public welfare.
            (4) Uncertainties.--In evaluating the risks referred to in
        paragraphs (1) and (2), the Administrator shall--
                    (A) identify the major uncertainties associated
                with the risks;
                    (B) explain the meaning of the uncertainties in
                terms of interpreting the ranking and evaluation; and
                    (C) determine--
                            (i) the type and nature of research that
                        would likely reduce the uncertainties; and
                            (ii) the cost of conducting the research.
            (5) Consideration of benefits.--In carrying out this
        section, the Administrator shall consider and, to the extent
        practicable, estimate the monetary value, and such other values
        as the Administrator determines to be appropriate, of the
        benefits associated with reducing risk to human health and the
        environment, including--
                    (A) avoiding premature mortality;
                    (B) avoiding cancer and noncancer diseases that
                reduce the quality of life;
                    (C) preserving biological diversity and the
                sustainability of ecological resources;
                    (D) maintaining an aesthetically pleasing
                environment;
                    (E) valuing services performed by ecosystems (such
                as flood mitigation, provision of food or material, or
                regulating the chemistry of the air or water) that, if
                lost or degraded, would have to be replaced by
                technology;
                    (F) avoiding other risks identified by the
                Administrator; and
                    (G) considering the benefits even if it is not
                possible to estimate the monetary value of the benefits
                in exact terms.
            (6) Reports.--
                    (A) Preliminary report.--Not later than 1 year
                after the date of enactment of this Act, the
                Administrator shall report to Congress on the sources
                of pollution and other Federal actions that the
                Administrator will address, and the approaches and
                methodology the Administrator will use, in carrying out
                the rankings and evaluations under this section. The
                report shall also include an evaluation by the
                Administrator of the need for the development of
                methodologies to carry out the ranking.
                    (B) Periodic report.--
                            (i) In general.--On completion of the
                        ranking and evaluations conducted by the
                        Administrator under this section, but not later
                        than 3 years after the date of enactment of
                        this Act, and every 3 years thereafter, the
                        Administrator shall report the findings of the
                        rankings and evaluations to Congress and make
                        the report available to the general public.
                            (ii) Evaluation of risks.--Each periodic
                        report prepared pursuant to this subparagraph
                        shall, to the extent practicable, evaluate risk
                        management decisions under Federal
                        environmental laws, including title XIV of the
                        Public Health Service Act (commonly known as
                        the ``Safe Drinking Water Act'') (42 U.S.C.
                        300f et seq.), that present inherent and
                        unavoidable choices between competing risks,
                        including risks of controlling microbial versus
                        disinfection contaminants in drinking water.
                        Each periodic report shall address the policy
                        of the Administrator concerning the most
                        appropriate methods of weighing and analyzing
                        the risks, and shall incorporate information
                        concerning--
                                    (I) the severity and certainty of
                                any adverse effect on human health, the
                                environment, or public welfare;
                                    (II) whether the effect is
                                immediate or delayed;
                                    (III) whether the burden associated
                                with the adverse effect is borne
                                disproportionately by a segment of the
                                general population or spread evenly
                                across the general population; and
                                    (IV) whether a threatened adverse
                                effect can be eliminated or remedied by
                                the use of an alternative technology or
                                a protection mechanism.
    (d) Implementation.--In carrying out this section, the
Administrator shall--
            (1) consult with the appropriate officials of other Federal
        agencies and State and local governments, members of the
        academic community, representatives of regulated businesses and
        industry, representatives of citizen groups, and other
        knowledgeable individuals to develop, evaluate, and interpret
        scientific and economic information;
            (2) make available to the general public the information on
        which rankings and evaluations under this section are based;
        and
            (3) establish methods for determining costs and benefits of
        environmental regulations and other Federal actions, including
        the valuation of natural resources and intergenerational costs
        and benefits, by rule after notice and opportunity for public
        comment.
    (e) Review by the Science Advisory Board.--Before the Administrator
submits a report prepared under this section to Congress, the Science
Advisory Board, established by section 8 of the Environmental Research,
Development, and Demonstration Act of 1978 (42 U.S.C. 4365), shall
conduct a technical review of the report in a public session.

Summary: Environmental Risk Evaluation Act of 1995 - Directs the Administrator of the Environmental Protection Agency to: (1) rank sources of pollution with respect to the relative degree of risk of adverse effects on human health, the environment, and public welfare. (2) evaluate the private and public costs associated with each pollution source and the costs and benefits of complying with regulations designed to protect against risks associated with such pollution. And (3) evaluate the public and private costs and benefits associated with other Federal actions with impacts on human health, the environment, or public welfare. Requires the Administrator to identify opportunities to achieve risk reduction through modifications in environmental regulations and programs and other Federal actions with impacts on health, the environment, or public welfare. Directs the Administrator to: (1) identify the major uncertainties associated with the risks and explain the meaning of the uncertainties in terms of interpreting the ranking and evaluation. And (2) determine the type and nature of research that would likely reduce such uncertainties and the cost of conducting such research. Requires the Administrator to consider and estimate the monetary and other values of the benefits associated with reducing risk to health and the environment. Establishes triennial reporting requirements with respect to rankings and evaluations and requires such reports to evaluate risk management decisions under Federal environmental laws that present inherent and unavoidable choices between competing risks. Provides for review of reports by the Science Advisory Board prior to submission.