SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Good Samaritan Charitable
Physicians' Services Act of 2018''.

SEC. 2. DEDUCTION FOR QUALIFIED CHARITY CARE.

    (a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new section:

``SEC. 199B. QUALIFIED CHARITY CARE.

    ``(a) In General.--There shall be allowed as a deduction for the
taxable year an amount equal to--
            ``(1) in the case of a direct primary care physician, an
        amount equal to the sum of--
                    ``(A) the fee (as published on a publicly available
                website of such physician) for physicians' services
                that are qualified charity care furnished by such
                taxpayer during such year, and
                    ``(B) for each visit by a patient to such physician
                during which qualified charity care is furnished, half
                of so much of the lowest subscription fee of such
                physician that is attributable to a month, and
            ``(2) in the case of any other individual, the unreimbursed
        Medicare-based value of qualified charity care furnished by
        such taxpayer during such year.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Unreimbursed medicare-based value.--The term
        `unreimbursed Medicare-based value' means, with respect to
        physicians' services, the amount payable for such services
        under the physician fee schedule established under section 1848
        of the Social Security Act.
            ``(2) Qualified charity care.--The term `qualified charity
        care' means physicians' services that are furnished--
                    ``(A) without expectation of reimbursement, and
                    ``(B) to an individual enrolled--
                            ``(i) under a State plan under title XIX of
                        the Social Security Act (or a waiver of such
                        plan), or
                            ``(ii) under a State child health plan
                        under title XXI of the Social Security Act (or
                        a waiver of such plan).
            ``(3) Direct primary care physician.--The term `direct
        primary care physician' means a physician (as defined in
        section 1861(r) of the Social Security Act) who provides
        primary care--
                    ``(A) to individuals who have paid a periodic
                subscription fee, and
                    ``(B) in exchange for a fee that is published on a
                publicly available website of such physician.
            ``(4) Physicians' services.--The term `physicians'
        services' has the meaning given such term by section 1861(q) of
        the Social Security Act.
    ``(c) Limitation.--The amount allowed as a deduction under
subsection (a) for a taxable year shall not exceed the gross receipts
attributable to physicians' services furnished by the taxpayer during
the taxable year.''.
    (b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:

``Sec. 199B. Qualified charity care.''.

SEC. 3. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
              PROFESSIONALS.

    (a) In General.--Title II of the Public Health Service Act (42
U.S.C. 202 et seq.) is amended by inserting after section 224 the
following:

``SEC. 224A. LIMITATION ON LIABILITY FOR VOLUNTEER HEALTH CARE
              PROFESSIONALS.

    ``(a) Limitation on Liability.--A physician shall not be liable
under Federal or State law in any civil action for any harm caused by
an act or omission of such physician, or attending medical personnel
supporting such physician, if such act or omission--
            ``(1) occurs in the course of furnishing qualified charity
        care (as such term is defined in section 199B of the Internal
        Revenue Code of 1986); and
            ``(2) was not grossly negligent.
    ``(b) Preemption.--This section preempts the laws of a State or any
political subdivision of a State to the extent that such laws are
inconsistent with this section, unless such laws provide greater
protection from liability for a defendant.
    ``(c) Definitions.--In this section:
            ``(1) Physician.--The term `physician' has the meaning
        given such term by section 1861(r) of the Social Security Act.
            ``(2) Attending medical personnel.--The term `attending
        medical personnel' means an individual who is licensed to
        directly support a physician in furnishing medical services.''.
    (b) Effective Date.--The amendments made by this section shall
apply to any claim filed to the extent that it is with respect to acts
or omissions occurring after the date of the enactment of this Act.

Summary: Good Samaritan Charitable Physicians' Services Act of 2018 This bill amends the Internal Revenue Code to allow a tax deduction for direct primary care physicians who provide charity care. The care must be provided without expectation of reimbursement and to an individual enrolled in Medicaid or the Children's Health Insurance Program (CHIP). A direct primary care physician is a physician who provides primary care: (1) to individuals who have paid a periodic subscription fee, and (2) in exchange for a fee that is published on a publicly available website of the physician. The bill also amends the Public Health Service Act to specify that a physician is not liable under federal or state law for harm caused by an act or omission of the physician, or attending medical personnel supporting the physician, if the act or omission: (1) occurs in the course of furnishing charity care, and (2) was not grossly negligent. The bill preempts laws of a state or a political subdivision of the state that are inconsistent with this provision, unless the laws provide greater protection from liability for a defendant.

Good Samaritan Charitable Physicians’ Services Act of 2018


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Antitrust Anti-Retaliation
Act of 2013''.

SEC. 2. AMENDMENT TO ACPERA.

    The Antitrust Criminal Penalty Enhancement and Reform Act of 2004
(Public Law 108-237; 15 U.S.C. 1 note) is amended by adding after
section 215 the following:

``SEC. 216. ANTI-RETALIATION PROTECTION FOR WHISTLEBLOWERS.

    ``(a) Whistleblower Protections for Employees, Contractors,
Subcontractors, and Agents.--
            ``(1) In general.--No employer may discharge, demote,
        suspend, threaten, harass, or in any other manner discriminate
        against a covered individual in the terms and conditions of
        employment of the covered individual because--
                    ``(A) the covered individual provided or caused to
                be provided to the employer or the Federal Government
                information relating to--
                            ``(i) any violation of, or any act or
                        omission the covered individual reasonably
                        believes to be a violation of the antitrust
                        laws; or
                            ``(ii) any violation of, or any act or
                        omission the covered individual reasonably
                        believes to be a violation of another criminal
                        law committed in conjunction with a potential
                        violation of the antitrust laws or in
                        conjunction with an investigation by the
                        Department of Justice of a potential violation
                        of the antitrust laws; or
                    ``(B) the covered individual filed, caused to be
                filed, testified, participated in, or otherwise
                assisted an investigation or a proceeding filed or
                about to be filed (with any knowledge of the employer)
                relating to--
                            ``(i) any violation of, or any act or
                        omission the covered individual reasonably
                        believes to be a violation of the antitrust
                        laws; or
                            ``(ii) any violation of, or any act or
                        omission the covered individual reasonably
                        believes to be a violation of another criminal
                        law committed in conjunction with a potential
                        violation of the antitrust laws or in
                        conjunction with an investigation by the
                        Department of Justice of a potential violation
                        of the antitrust laws.
            ``(2) Limitation on protections.--Paragraph (1) shall not
        apply to any covered individual if--
                    ``(A) the covered individual planned and initiated
                a violation or attempted violation of the antitrust
                laws;
                    ``(B) the covered individual planned and initiated
                a violation or attempted violation of another criminal
                law in conjunction with a violation or attempted
                violation of the antitrust laws; or
                    ``(C) the covered individual planned and initiated
                an obstruction or attempted obstruction of an
                investigation by the Department of Justice of a
                violation of the antitrust laws.
            ``(3) Definitions.--In this section:
                    ``(A) Antitrust laws.--The term `antitrust laws'
                means section 1 or 3 of the Sherman Act (15 U.S.C. 1,
                3).
                    ``(B) Covered individual.--The term `covered
                individual' means an employee, contractor,
                subcontractor, or agent of an employer.
                    ``(C) Employer.--The term `employer' means a
                person, or any officer, employee, contractor,
                subcontractor, or agent of such person.
                    ``(D) Person.--The term `person' has the same
                meaning as in subsection (a) of the first section of
                the Clayton Act (15 U.S.C. 12(a)).
            ``(4) Rule of construction.--The term `violation', with
        respect to the antitrust laws, shall not be construed to
        include a civil violation of any law that is not also a
        criminal violation.
    ``(b) Enforcement Action.--
            ``(1) In general.--A covered individual who alleges
        discharge or other discrimination by any employer in violation
        of subsection (a) may seek relief under subsection (c) by--
                    ``(A) filing a complaint with the Secretary of
                Labor; or
                    ``(B) if the Secretary has not issued a final
                decision within 180 days of the filing of the complaint
                and there is no showing that such delay is due to the
                bad faith of the claimant, bringing an action at law or
                equity for de novo review in the appropriate district
                court of the United States, which shall have
                jurisdiction over such an action without regard to the
                amount in controversy.
            ``(2) Procedure.--
                    ``(A) In general.--A complaint filed with the
                Secretary of Labor under paragraph (1)(A) shall be
                governed under the rules and procedures set forth in
                section 42121(b) of title 49, United States Code.
                    ``(B) Exception.--Notification made under section
                42121(b)(1) of title 49, United States Code, shall be
                made to any individual named in the complaint and to
                the employer.
                    ``(C) Burdens of proof.--A complaint filed with the
                Secretary of Labor under paragraph (1)(A) shall be
                governed by the legal burdens of proof set forth in
                section 42121(b) of title 49, United States Code.
                    ``(D) Statute of limitations.--A complaint under
                paragraph (1)(A) shall be filed with the Secretary of
                Labor not later than 180 days after the date on which
                the violation occurs.
                    ``(E) Civil actions to enforce.--If a person fails
                to comply with an order or preliminary order issued by
                the Secretary of Labor pursuant to the procedures in
                section 42121(b), the Secretary of Labor or the person
                on whose behalf the order was issued may bring a civil
                action to enforce the order in the district court of
                the United States for the judicial district in which
                the violation occurred.
    ``(c) Remedies.--
            ``(1) In general.--A covered individual prevailing in any
        action under subsection (b)(1) shall be entitled to all relief
        necessary to make the covered individual whole.
            ``(2) Compensatory damages.--Relief for any action under
        paragraph (1) shall include--
                    ``(A) reinstatement with the same seniority status
                that the covered individual would have had, but for the
                discrimination;
                    ``(B) the amount of back pay, with interest; and
                    ``(C) compensation for any special damages
                sustained as a result of the discrimination including
                litigation costs, expert witness fees, and reasonable
                attorney's fees.
    ``(d) Rights Retained by Whistleblowers.--Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies of any
covered individual under any Federal or State law, or under any
collective bargaining agreement.''.

            Passed the Senate November 4, 2013.

            Attest:

                                                             Secretary.
113th CONGRESS

  1st Session

                                 S. 42

_______________________________________________________________________

                                 AN ACT

 To provide anti-retaliation protections for antitrust whistleblowers.

Summary: This measure has not been amended since it was reported to the Senate on October 31, 2013. Criminal Antitrust Anti-Retaliation Act of 2013 - Amends the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to prohibit an employer from discharging, demoting, suspending, harassing, or in any other manner discriminating against an employee, contractor, subcontractor, or agent of such employer who: (1) provided information to the employer or the federal government concerning a violation of antitrust law or of another criminal law committed in conjunction with a potential violation of antitrust law or in conjunction with an antitrust investigation by the Department of Justice (DOJ). Or (2) filed, testified, participated, or otherwise assisted in an investigation relating to such a violation. Excludes from such protection any individual who planned and initiated such a violation or an obstruction to the investigation of such a violation. Authorizes an individual who alleges discharge or other discrimination by an employer in violation of such prohibition to seek relief: (1) by filing a complaint with the Secretary of Labor. Or (2) if the Secretary has not issued a final decision within 180 days of such filing, by bringing an action at law or equity in the appropriate US district court. Entitles an individual who prevails in any such action to all relief necessary to make such individual whole, including reinstatement with the same status, back pay plus interest, and compensation for special damages sustained.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Medicare Advantage for
all Medicare Beneficiaries Act of 2015''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In the IMPACT Act of 2014 (Public Law 113-185),
        Congress recognized the potential effects of socioeconomic
        status and dual eligible populations on the Medicare Advantage
        STARS rating system by requesting the Assistant Secretary of
        Planning and Evaluation in the Department of Health and Human
        Services undertake studies on this population and the Medicare
        program.
            (2) Studies published in the past year have shown the need
        for an interim policy until the comprehensive results of the
        studies undertaken as part of the IMPACT Act of 2014 are
        published. An adjustment for 2016 is necessary while Congress
        continues to work to achieve an appropriate policy for a
        temporary bridge until the results from the studies undertaken
        by the Assistant Secretary of Planning and Evaluation in the
        Department of Health and Human Services under such Act are
        finalized.

SEC. 3. DELAY IN AUTHORITY TO TERMINATE CONTRACTS FOR CERTAIN MEDICARE
              ADVANTAGE PLANS FAILING TO ACHIEVE MINIMUM QUALITY
              RATINGS.

    Section 1857(h) of the Social Security Act (42 U.S.C. 1395w-27(h))
is amended by adding at the end the following new paragraph:
            ``(3) Delay in contract termination authority for certain
        plans failing to achieve minimum quality rating.--
                    ``(A) In general.--Subject to subparagraph (B), the
                Secretary may not terminate a contract under this
                section with respect to the offering of an MA plan by a
                Medicare Advantage organization solely because the MA
                plan has failed to achieve a minimum quality rating
                under the 5-star rating system established under
                section 1853(o) during the period beginning on the date
                of the enactment of this paragraph and through the end
                of plan year 2018.
                    ``(B) Application only to plans receiving a quality
                rating of at least 2 stars.--Subparagraph (A) shall
                only apply with respect to a contract with respect to
                the offering of an MA plan that has a quality rating
                under section 1853(o)(4) of at least 2 stars for the
                most recent plan year.''.

SEC. 4. DEMONSTRATION PROJECT TO DIRECT QUALITY IMPROVEMENT PROGRAMS TO
              ADDRESS SOCIOECONOMIC STATUS DISPARITIES IN MEDICARE
              ADVANTAGE PLANS.

    (a) Establishment.--
            (1) In general.--The Secretary of Health and Human Services
        (in this section referred to as the ``Secretary'') shall
        establish a demonstration project under this section to provide
        funds to MA organizations offering one or more qualified MA
        plans for use in developing or expanding programs or services
        with respect to such plans that seek to improve health care
        delivery and outcomes of care for enrollees with low
        socioeconomic status.
            (2) Duration.--The demonstration project under this section
        shall be conducted for a period of 1 year beginning in plan
        year 2016.
    (b) Definitions.--In this section:
            (1) MA organization; ma plan.--The terms ``MA
        organization'' and ``MA plan'' have the meaning given such
        terms in subsections (a)(1) and (b)(1), respectively, of
        section 1859 of the Social Security Act (42 U.S.C. 1395w-28).
            (2) Qualified ma plan.--
                    (A) The term ``qualified MA plan'' means an MA plan
                described in subparagraph (B) or (C).
                    (B) An MA plan is described in this subparagraph if
                the MA plan meets each of the following criteria:
                            (i) The plan has a quality rating under
                        section 1853(o)(4) of the Social Security Act
                        (42 U.S.C. 1395w-23(o)(4)) of at least 3.25
                        stars but not more than 4 stars for the most
                        recent plan year.
                            (ii) Not less than 45 percent of enrollees
                        in the plan are one or both of the following:
                                    (I) Eligible for a low income
                                subsidy under section 1860D-14 of such
                                Act (42 U.S.C. 1395w-114).
                                    (II) Dually eligible for benefits
                                under the Medicare program under title
                                XVIII of such Act (42 U.S.C. 1395 et
                                seq.) and the Medicaid program under
                                title XIX of such Act (42 U.S.C. 1396
                                et seq.).
                    (C) An MA plan is described in this subparagraph if
                the MA plan meets each of the following criteria:
                            (i) The plan has a quality rating under
                        section 1853(o)(4) of the Social Security Act
                        (42 U.S.C. 1395w-23(o)(4)) of at least 3.0
                        stars but not more than 4 stars for the most
                        recent plan year.
                            (ii) Not less than 60 percent of enrollees
                        in the plan are one or both of the following:
                                    (I) Eligible for a low income
                                subsidy under section 1860D-14 of such
                                Act (42 U.S.C. 1395w-114).
                                    (II) Dually eligible for benefits
                                under the Medicare program under title
                                XVIII of such Act (42 U.S.C. 1395 et
                                seq.) and the Medicaid program under
                                title XIX of such Act (42 U.S.C. 1396
                                et seq.).
    (c) Use of Funds.--
            (1) In general.--Subject to paragraph (2), funds received
        under the demonstration project by an MA organization with
        respect to a qualified MA plan shall be used under the Quality
        Improvement Program of the organization under section 1852(e)
        of the Social Security Act (42 U.S.C. 1395w-22(e)) to target
        improvement by the qualified MA plan with respect to two or
        more triple-weighted measures under the 5-star rating system
        under section 1853(o)(4) of such Act (42 U.S.C. 1395w-
        23(o)(4)).
            (2) Focus on outcome measure.--
                    (A) In general.--Except as provided in subparagraph
                (B), at least one of the measures targeted under
                paragraph (1) shall be an outcome measure.
                    (B) Exception.--An MA organization may apply to the
                Secretary for an exception to subparagraph (A) in order
                to focus on only process measures under this
                subsection.
    (d) Inclusion in Annual Quality Improvement Program Report.--An MA
organization receiving funds under the demonstration project shall
include, as part of the annual report to the Secretary on the Quality
Improvement Program of the organization under such section 1852(e) for
each year of the demonstration project, with respect to each qualified
MA plan offered by the organization, the results of the targeting of
plan improvement on measures under subsection (c) during the preceding
year.
    (e) Funding.--
            (1) In general.--For purposes of carrying out the
        demonstration project under this section, subject to paragraph
        (2), the Secretary shall provide for the transfer from the
        Federal Hospital Insurance Trust Fund under section 1817 of the
        Social Security Act (42 U.S.C. 1395i) and the Federal
        Supplementary Medical Insurance Trust Fund under section 1841
        of such Act (42 U.S.C. 1395t), in such proportion as the
        Secretary determines appropriate, of an amount equal to the
        amount the Secretary determines is equal to the estimated total
        savings to the Medicare program as a result of the
        implementation of the amendment made by section 2 to the
        Centers for Medicare & Medicaid Services Program Management
        Account.
            (2) Administration.--The Secretary may retain up to 10
        percent of the funds transferred under paragraph (1) to
        administer the demonstration project under this section and the
        remainder of such funds shall be distributed in accordance with
        this section to MA organizations offering qualified MA plans
        based on the enrollment in such plans of individuals described
        in each of subclauses (I) and (II) of subsections (b)(2)(B)(ii)
        and (b)(2)(C)(ii).
            (3) Availability.--Amounts transferred under paragraph (1)
        shall remain available until expended.

Summary: Preserving Medicare Advantage for all Medicare Beneficiaries Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) temporarily prohibit the Centers for Medicare amp. Medicaid from terminating a Medicare Advantage (MA) plan contract solely because the MA plan fails to achieve a certain minimum quality rating, provided that the MA plan achieves a quality rating of at least two out of five stars. And (2) establish a demonstration project to provide funds to MA organizations for the development or expansion of programs or services to improve health care delivery and outcomes for enrollees of low socioeconomic status. To qualify for demonstration project funding, an MA plan must meet specified requirements with respect to quality ratings and the percentage of plan enrollees either eligible for a low-income subsidy or dually eligible for Medicare and Medicaid. MA organizations receiving funds under the demonstration project must use those funds to target improvement by the MA plan with respect to certain quality rating measures.


SECTION 1. AUTHORIZATION OF USE OF COOPERATIVE THREAT REDUCTION FUNDS
              FOR PROJECTS AND ACTIVITIES OUTSIDE THE FORMER SOVIET
              UNION.

    (a) Purpose.--The purpose of this section is to authorize the use
of Cooperative Threat Reduction funds for proliferation threat
reduction projects and activities outside the former Soviet Union in
order to resolve critical emerging proliferation threats and to take
advantage of opportunities to achieve long-standing United States
nonproliferation goals.
    (b) Cooperative Threat Reduction Programs and Funds.--For purposes
of this section:
            (1) Cooperative Threat Reduction programs are--
                    (A) the programs specified in section 1501(b) of
                the National Defense Authorization Act for Fiscal Year
                1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C.
                2362 note); and
                    (B) any other similar programs, as designated by
                the Secretary, to address critical emerging
                proliferation threats in the states of the former
                Soviet Union that jeopardize United States national
                security.
            (2) Cooperative Threat Reduction funds, for a fiscal year,
        are the funds authorized to be appropriated for Cooperative
        Threat Reduction programs for that fiscal year.
    (c) Authorization of Use of CTR Funds for Threat Reduction
Activities Outside the Former Soviet Union.--(1) Notwithstanding any
other provision of law and subject to the succeeding provisions of this
section, the Secretary of Defense may obligate and expend Cooperative
Threat Reduction funds for a fiscal year before fiscal year 2003 that
remain available for obligation as of the date of the enactment of this
Act for proliferation threat reduction projects and activities outside
the states of the former Soviet Union if the Secretary determines that
such projects and activities will--
            (A) assist the United States in the resolution of critical
        emerging proliferation threats; or
            (B) permit the United States to take advantage of
        opportunities to achieve long-standing United States
        nonproliferation goals.
    (2) The amount that may be obligated under paragraph (1) for
projects and activities described in that paragraph may not exceed
$50,000,000.
    (d) Authorized Uses of Funds.--The authority under subsection (c)
to obligate and expend Cooperative Threat Reduction funds for a project
or activity includes authority to provide equipment, goods, and
services for the project or activity, but does not include authority to
provide cash directly to the project or activity.
    (e) Source and Replacement of Funds Used.--(1) The Secretary shall,
to the maximum extent practicable, ensure that funds for projects and
activities under subsection (c) are derived from funds that would
otherwise be obligated for a range of Cooperative Threat Reduction
programs, so that no particular Cooperative Threat Reduction program is
the exclusive or predominate source of funds for such projects and
activities.
    (2) If the Secretary obligates Cooperative Threat Reduction funds
under subsection (c) in a fiscal year, the first budget of the
President that is submitted under section 1105(a) of title 31, United
States Code, after such fiscal year shall set forth, in addition to any
other amounts requested for Cooperative Threat Reduction programs in
the fiscal year covered by such budget, a request for Cooperative
Threat Reduction funds in the fiscal year covered by such budget in an
amount equal to the amount so obligated. The request shall also set
forth the Cooperative Threat Reduction program or programs for which
such funds would otherwise have been obligated, but for obligation
under subsection (c).
    (3) Amounts authorized to be appropriated pursuant to a request
under paragraph (2) shall be available only for the Cooperative Threat
Reduction program or programs set forth in the request under the second
sentence of that paragraph.
    (f) Limitation on Obligation of Funds.--Except as provided in
subsection (g), the Secretary may not obligate and expend Cooperative
Threat Reduction funds for a project or activity under subsection (c)
until 30 days after the date on which the Secretary submits to Congress
a report on the purpose for which the funds will be obligated and
expended, and the amount of the funds to be obligated and expended.
    (g) Exception.--(1) The Secretary may obligate and expend
Cooperative Threat Reduction funds for a project or activity under
subsection (c) without regard to subsection (f) if the Secretary
determines that a critical emerging proliferation threat warrants
immediate obligation and expenditure of such funds.
    (2) Not later than 72 hours after first obligating funds for a
project or activity under paragraph (1), the Secretary shall submit to
the appropriate congressional officials a report containing a detailed
justification for the obligation of funds. The report on a project or
activity shall include the following:
            (A) A description of the critical emerging proliferation
        threat to be addressed, or the long-standing United States
        nonproliferation goal to be achieved, by the project or
        activity.
            (B) A description of the agreement, if any, under which the
        funds will be used, including whether or not the agreement
        provides that the funds will not be used for purposes contrary
        to the national security interests of the United States.
            (C) A description of the contracting process, if any, that
        will be used in the implementation of the project or activity.
            (D) An analysis of the effect of the obligation of funds
        for the project or activity on ongoing Cooperative Threat
        Reduction programs.
            (E) An analysis of the need for additional or follow-up
        threat reduction assistance, including whether or not the need
        for such assistance justifies the establishment of a new
        cooperative threat reduction program or programs to account for
        such assistance.
            (F) A description of the mechanisms to be used by the
        Secretary to assure that proper audits and examinations of the
        project or activity are carried out.
    (3) In this subsection, the term ``appropriate congressional
officials'' means--
            (A) the Speaker of the House of Representatives;
            (B) the President pro tempore of the Senate;
            (C) the Chairmen and Ranking Members of the Committees on
        Armed Services of the Senate and House of Representatives;
            (D) the Chairmen and Ranking Members of the Committees on
        Appropriations of the Senate and House of Representatives;
            (E) the Chairman and Ranking Member of the Committee on
        Foreign Relations of the Senate;
            (F) the Chairman and Ranking Member of the Committee on
        International Relations of the House of Representatives;
            (G) the Chairman and Vice Chairman of the Select Committee
        on Intelligence of the Senate; and
            (H) the Chairman and Vice Chairman of the Permanent Select
        Committee on Intelligence of the House of Representatives.
    (h) Report on Establishment of New Cooperative Threat Reduction
Programs.--(1) If the Secretary employs the authority in subsection (c)
in two consecutive fiscal years, the Secretary shall submit to Congress
a report on the advisability of establishing one or more new
cooperative threat reduction programs to account for projects and
activities funded using such authority.
    (2) The report required by paragraph (1) shall be submitted along
with the budget justification materials in support of the Department of
Defense budget (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code) in the first budget
submitted after the end of the two consecutive fiscal years referred to
in that paragraph.

Summary: Authorizes the Secretary of Defense to expend up to $50 million for a fiscal year in Cooperative Threat Reduction funds to prevent proliferation of nuclear, chemical and other weapons outside the former Soviet Union, where allocation of such funds is currently limited to. Specifies that such expenditures may occur if determined that certain projects or activities will assist the United States in dealing with critical emerging proliferation threats or in achieving long-standing nonproliferation goals. Determines that such funds may go only to equipment, goods and services and cannot be spent directly on a project or activity. Directs the President to include in a given year's budget a request for funds distributed under the Act during the last fiscal year with a description of what projects would otherwise have been funded. Sets a time frame for the Secretary to inform Congress of what funds will be used for. Contains a provision for emergency distribution of funds to meet a critical emerging proliferation threat or a nonproliferation goal that requires such allocation. Requires the Secretary to report to Congress on the advisability of establishing one or more new cooperative threat reduction programs to account for projects or activities for which emergency distribution of funds were distributed under the Act or that were funded under the Act two years in a row.

A bill to authorize the use of Cooperative Threat Reduction funds for projects and activities to address proliferation threats outside the states of the former Soviet Union, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parent and Teacher Achievement Act
of 2001''.

SEC. 2. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.

    (a) Amendments.--Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E as part F;
            (2) by redesignating sections 2401 and 2402 as sections
        2501 and 2502, respectively; and
            (3) by inserting after part D the following:

      ``PART E--STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY

``SEC. 2401. STATE INCENTIVES FOR TEACHER TESTING AND MERIT PAY.

    ``(a) State Awards.--From funds made available under subsection (b)
for a fiscal year, the Secretary shall make an award to each State
that--
            ``(1) administers a test to each elementary school and
        secondary school teacher in the State, with respect to the
        subjects taught by the teacher, every 3 to 5 years;
            ``(2) has an elementary school and secondary school teacher
        compensation system that is based on merit; and
            ``(3) requires elementary school and secondary school
        teachers to earn continuing education credits as part of a
        State recertification process.
    ``(b) Available Funding.--Notwithstanding any other provision of
law, the amount of funds that are available to carry out this section
for a fiscal year is 50 percent of the amount of funds appropriated to
carry out this title that are in excess of the amount so appropriated
for fiscal year 2001, except that no funds shall be available to carry
out this section for any fiscal year for which--
            ``(1) the amount appropriated to carry out this title
        exceeds $600,000,000; or
            ``(2) each of the several States is eligible to receive an
        award under this section.
    ``(c) Award Amount.--A State shall receive an award under this
section in an amount that bears the same relation to the total amount
available for awards under this section for a fiscal year as the number
of States that are eligible to receive such an award for the fiscal
year bears to the total number of all States so eligible for the fiscal
year.
    ``(d) Use of Funds.--Funds provided under this section may be used
by States to carry out the activities described in section 2207.
    ``(e) Definition of State.--In this section, the term `State' means
each of the 50 States and the District of Columbia.''.
    (b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2001.

SEC. 3. TEACHER TESTING AND MERIT PAY.

    (a) In General.--Notwithstanding any other provision of law, a
State may use Federal education funds--
            (1) to carry out a test of each elementary school or
        secondary school teacher in the State with respect to the
        subjects taught by the teacher; or
            (2) to establish a merit pay program for the teachers.
    (b) Definitions.--In this section, the terms ``elementary school''
and ``secondary school'' have the meanings given the terms in section
14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).

SEC. 4. NONREFUNDABLE CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL
              EXPENSES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:

``SEC. 25C. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES.

    ``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified elementary and
secondary education expenses (within the meaning of section 530(b)(4))
with respect to one or more qualifying students which are paid or
incurred by the individual during such taxable year.
    ``(b) Limitations.--
            ``(1) Maximum credit.--The credit allowed by subsection (a)
        for any taxable year shall not exceed $1000 per qualifying
        student.
            ``(2) Maximum tuition expenses.--The tuition expenses which
        may be taken into account in determining qualified elementary
        and secondary education expenses for any taxable year shall not
        exceed $500 per qualifying student.
    ``(c) Qualifying Student.--For purposes of this section, the term
`qualifying student' means a dependent (within the meaning of section
152) or a relative of the taxpayer who is enrolled in school (as
defined in section 530(b)(4)(B)) on a full-time basis. For purposes of
the preceding sentence, the term `relative' means an individual bearing
a relationship to the taxpayer which is described in any of paragraphs
(1) through (8) of section 152(a).
    ``(d) Denial of Double Benefit.--No deduction or exclusion shall be
allowed under this chapter for any expense for which credit is allowed
under this section.
    ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''.
    (b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25B the
following new item:

                              ``Sec. 25C. Credit for elementary and
                                        secondary school expenses.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 5. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND
              SECONDARY SCHOOLS.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:

``SEC. 30B. CREDIT FOR CONTRIBUTIONS FOR THE BENEFIT OF ELEMENTARY AND
              SECONDARY SCHOOLS.

    ``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 75 percent of the qualified charitable contributions of the
taxpayer for the taxable year.
    ``(b) Maximum Credit.--
            ``(1) Individuals.--In the case of a taxpayer other than a
        corporation, the credit allowed by subsection (a) for any
        taxable year shall not exceed $500 ($1,000 in the case of a
        joint return).
            ``(2) Corporations.--In the case of a corporation, the
        credit allowed by subsection (a) shall not exceed $100,000.
    ``(c) Qualified Charitable Contribution.--For purposes of this
section--
            ``(1) In general.--The term `qualified charitable
        contribution' means, with respect to any taxable year, the
        aggregate amount allowable as a deduction under section 170
        (determined without regard to subsection (d)(1)) for cash
        contributions to a school tuition organization.
            ``(2) School tuition organization.--
                    ``(A) In general.--The term `school tuition
                organization' means any organization which--
                            ``(i) is described in section 170(c)(2),
                            ``(ii) allocates at least 90 percent of its
                        gross income and contributions and gifts to
                        elementary and secondary school scholarships,
                        and
                            ``(iii) awards scholarships to any student
                        who is eligible for free or reduced cost lunch
                        under the school program established under the
                        Richard B. Russell National School Lunch Act.
                    ``(B) Elementary and secondary school
                scholarship.--The term `elementary and secondary school
                scholarship' means any scholarship excludable from
                gross income under section 117 for expenses related to
                education at or below the 12th grade.
    ``(d) Special Rules.--
            ``(1) Denial of double benefit.--No deduction shall be
        allowed under this chapter for any contribution for which
        credit is allowed under this section.
            ``(2) Application with other credits.--The credit allowable
        under subsection (a) for any taxable year shall not exceed the
        excess (if any) of--
                    ``(A) the regular tax for the taxable year, reduced
                by the sum of the credits allowable under subpart A and
                the preceding sections of this subpart, over
                    ``(B) the tentative minimum tax for the taxable
                year.
            ``(3) Controlled groups.--All persons who are treated as
        one employer under subsection (a) or (b) of section 52 shall be
        treated as 1 taxpayer for purposes of this section.
    ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''.
    (b) Conforming Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:

                              ``Sec. 30B. Credit for contributions for
                                        the benefit of elementary and
                                        secondary schools.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 6. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE
              CLASSROOM MATERIALS.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits), as
amended by section 4(a), is amended by adding at the end the following
new section:

``SEC. 30C. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO
              PROVIDE CLASSROOM MATERIALS.

    ``(a) Allowance of Credit.--In the case of an eligible educator,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
elementary and secondary education expenses which are paid or incurred
by the taxpayer during such taxable year.
    ``(b) Maximum Credit.--The credit allowed by subsection (a) for any
taxable year shall not exceed $1,000.
    ``(c) Definitions.--
            ``(1) Eligible educator.--The term `eligible educator'
        means an individual who is a teacher, instructor, counselor,
        principal, or aide in a school (as defined in section
        530(b)(4)(B)) for at least 900 hours during a school year.
            ``(2) Qualified elementary and secondary education
        expenses.--The term `qualified elementary and secondary
        education expenses' means expenses for books, supplies (other
        than nonathletic supplies for courses of instruction in health
        or physical education), computer equipment (including related
        software and services) and other equipment, and supplementary
        materials used by an eligible educator in the classroom.
    ``(d) Special Rules.--
            ``(1) Denial of double benefit.--No deduction shall be
        allowed under this chapter for any expense for which credit is
        allowed under this section.
            ``(2) Application with other credits.--The credit allowable
        under subsection (a) for any taxable year shall not exceed the
        excess (if any) of--
                    ``(A) the regular tax for the taxable year, reduced
                by the sum of the credits allowable under subpart A and
                the preceding sections of this subpart, over
                    ``(B) the tentative minimum tax for the taxable
                year.
    ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.''.
    (b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986, as amended by section 4(b), is amended by adding at the end the
following new item:

                              ``Sec. 30C. Credit to elementary and
                                        secondary school teachers who
                                        provide classroom materials.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

SEC. 7. ADJUSTED GROSS INCOME DETERMINED BY TAKING INTO ACCOUNT
              PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND
              SECONDARY SCHOOL TEACHERS.

    (a) In General.--Section 62(a)(2) of the Internal Revenue Code of
1986 (relating to certain trade and business deductions of employees)
is amended by adding at the end the following:
                    ``(D) Professional development expenses of
                elementary and secondary school teachers.--The
                deductions allowed by section 162 which consist of
                expenses, not in excess of $1,500, paid or incurred by
                an eligible educator (as defined section 30C(c)(1)) by
                reason of the participation of the educator in
                professional development courses which are related to
                the curriculum and academic subjects in which the
                educator provides instruction or to the students for
                which the educator provides instruction and which are
                part of a program of professional development which is
                approved and certified by the appropriate local
                educational agency (as defined by section 14101 of the
                Elementary and Secondary Education Act of 1965, as in
                effect on the date of the enactment of this
                subparagraph).''.
    (b) Special Rules.--Section 62 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
    ``(d) Special Rules.--A deduction shall be allowed under subsection
(a)(2)(D) for expenses only to the extent the amount of such expenses
exceeds the amount excludable under section 135, 529(c)(1), or
530(d)(2) for the taxable year.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.

Summary: Parent and Teacher Achievement Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a program for State incentives for teacher testing and merit pay. Directs the Secretary of Education to make an award of such program funds to each State that: (1) administers a test to each elementary and secondary school teacher in the State, with respect to the subjects taught by the teacher, every three to five years. (2) has school teacher compensation system that is based on merit. And (3) requires school teachers to earn continuing education credits as part of a State recertification process. Allows States, regardless of any other Federal law, to use Federal education funds to: (1) test elementary or secondary school teachers in the subjects they teach. Or (2) establish a merit pay program for such teachers. Amends the Internal Revenue Act to provide certain tax credits for: (1) elementary and secondary school expenses, (2) contributions for the benefit of elementary and secondary schools. And (3) elementary and secondary school teachers who provide classroom materials. Allows elementary and secondary school teachers to take a tax deduction for certain professional development expenses.

A bill to provide incentives for States to establish and administer periodic testing and merit pay programs for elementary school and secondary school teachers, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Credit Cost Reduction Act of
1994''.

SEC. 2. TREATMENT OF ADMINISTRATIVE COSTS REGARDING DIRECT AND
              GUARANTEED LOANS.

    Paragraph (5)(A) of section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a(5)(A)) is amended by striking ``excluding'' and
inserting ``including''.

SEC. 3. TREATMENT OF ADMINISTRATIVE COSTS IN THE PRESIDENT'S ANNUAL
              BUDGET SUBMISSION.

    Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraphs:
            ``(29) a separate listing of administrative costs for
        direct loans and loan guarantees computed on a cash accounting
        basis for any such loans and guarantees originating before
        enactment of this paragraph.
            ``(30) an appendix setting forth on a cash accounting basis
        the administrative costs of all loans and loan guarantees by
        program, by agency, and for the Government.''.

SEC. 4. FEDERAL CREDIT SUBSIDY RATES.

    (a) Definition of Subsidy Rate.--Section 502 of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661a) is amended by adding at the end the
following new paragraph:
            ``(10) The term `subsidy rate' for a fiscal year means--
                    ``(A) in the case of a direct loan, the cost of all
                loans made for a covered program during that year
                divided by the total direct loan obligations for that
                same covered program; and
                    ``(B) in the case of a loan guarantee commitment,
                the cost of all loan guarantees incurred for a covered
                program during that year divided by the total amount of
                the loan guarantee commitments for that same covered
                program.''.
    (b) Maximum Subsidy Rates.--(1) The Federal Credit Reform Act of
1990 is amended by adding at the end the following new section:

``SEC. 508. MAXIMUM FEDERAL CREDIT SUBSIDY RATES.

    ``(a) Maximum Subsidy Rates.--The maximum permissible subsidy rate
for each covered program for a fiscal year is the following: 40 percent
for fiscal year 1995, 30 percent for fiscal year 1996, 20 percent for
fiscal year 1997, 10 percent for fiscal year 1998, and 5 percent for
fiscal year 1999.
    ``(b) Covered Programs.--The covered programs to which subsection
(a) applies are the credit reform program accounts covered by the
Federal Credit Reform Act of 1990.
    ``(c) Estimates.--The subsidy rates for a fiscal year shall be
determined on the basis of estimates made by the Director of the
Congressional Budget Office.''.
    (2) Section 1(b) of the Congressional Budget and Impoundment
Control Act of 1974 is amended by inserting after the item relating to
section 507 the following new item:

``Sec. 508. Maximum Federal credit subsidy rates.''.
    (c) Point of Order.--Section 301 of the Congressional Budget Act of
1974 is amended by adding at the end the following new subsection:
    ``(j) It shall not be in order in the House of Representatives or
the Senate to consider any concurrent resolution on the budget for any
fiscal year that would allow the maximum permissible subsidy rate (as
set forth in section 508) for any covered program for that fiscal year
to be breached.''.
    (d) Allocations.--(1) Section 602(a)(1)(A) of the Congressional
Budget Act of 1974 is amended by striking ``and'' at the end of clause
(ii), by striking the comma and inserting ``; and'' at the end of
clause (iii), and by inserting after clause (iii) the following new
clause:
                            ``(iv) total credit authority (that does
                        not cause the maximum permissible subsidy rate
                        (as set forth in section 508) for any covered
                        program to be breached);''.
    (2) Section 602(a)(2) of the Congressional Budget Act of 1974 is
amended by striking ``and'' at the end of subparagraph (B), by
inserting ``and'' at the end of subparagraph (C), and by inserting
after subparagraph (C) the following new subparagraph:
                    ``(D) total credit authority (that does not cause
                the maximum permissible subsidy rate (as set forth in
                section 508) for any program to be breached);''.
    (e) Contents of Budget Resolutions.--Section 301(a) of the
Congressional Budget Act of 1974 is amended by striking ``and'' at the
end of paragraph (6), by striking the period and inserting ``; and'' at
the end of paragraph (7), and by inserting after paragraph (7) the
following new paragraph:
            ``(8) for purposes of enforcement of section 508, the total
        credit authority for each covered program, but which total
        shall not cause the maximum permissible subsidy rate (as set
        forth in that section) for that program to be breached.''.

SEC. 5. EFFECTIVE DATE.

    This Act and the amendments made by it shall apply with respect to
fiscal years beginning after the date of enactment of this Act.

Summary: Federal Credit Cost Reduction Act of 1994 - Amends the Federal Credit Reform Act of 1990 to include administrative costs in the estimated long-term costs to the Government of direct loans and loan guarantees. Amends Federal law to require the President's annual budget to contain a separate listing of administrative costs for direct loans and loan guarantees on a cash accounting basis and an appendix of such costs by program, by agency, and for the Government. Establishes maximum permissible subsidy rates for each credit reform program account. Reduces such rates from 40 percent for FY 1995 to five percent by FY 1999.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy and Climate Policy Act of
1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) although there are significant uncertainties
        surrounding the science of climate change, human activities may
        contribute to increasing global concentrations of greenhouse
        gases in the atmosphere, which in turn may ultimately
        contribute to global climate change beyond that resulting from
        natural variability;
            (2) the characteristics of greenhouse gases and the
        physical nature of the climate system require that any
        stabilization of atmospheric greenhouse gas concentrations must
        be a long-term effort undertaken on a global basis;
            (3) since developing countries will constitute the major
        source of greenhouse gas emissions early in the 21st century,
        all nations must share in an effective international response
        to potential climate change;
            (4) environmental progress and economic prosperity are
        interrelated;
            (5) effective greenhouse gas management efforts depend on
        the development of long-term, cost-effective technologies and
        practices that can be developed, refined, and deployed
        commercially in an orderly manner in the United States and
        around the world;
            (6) in its present form as signed by the Administration,
        the Kyoto Protocol to the United Nations Framework Convention
        on Climate Change fails to meet the minimum conditions of
        Senate Resolution 98, 105th Congress, which was adopted by the
        Senate on July 25, 1997, by a vote of 95-0;
            (7) the President has not submitted the Kyoto protocol to
        the Senate for debate and advice and consent to ratification
        under article II, section 2, clause 2 of the United States
        Constitution and has indicated that the Administration has no
        intention to do so in the foreseeable future, or to implement
        any portion of the Kyoto protocol prior to its ratification in
        the Senate.
    (b) Purpose.--The purpose of this Act is to strengthen provisions
of the Energy Policy Act of 1992 (42 U.S.C. 13381 et seq.) to--
            (1) further promote voluntary efforts to reduce or avoid
        greenhouse gas emissions and improve energy efficiency; and
            (2) focus Department of Energy efforts in this area.

SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE.

    Section 1603 of the Energy Policy Act of 1992 (42 U.S.C. 13383) is
amended--
            (1) in the section heading, by striking ``DIRECTOR OF
        CLIMATE PROTECTION'' and inserting ``OFFICE OF GLOBAL CLIMATE
        CHANGE''; and
            (2) by striking the first sentence and inserting the
        following:
    ``(a) Establishment.--There is established by this Act in the
Department of Energy an Office of Global Climate Change.
    ``(b) Function.--The Office shall serve as a focal point for
coordinating for the Secretary and Congress all departmental issues and
policies regarding climate change and related matters.
    ``(c) Director.--The Secretary shall appoint a director of the
Office, who--
            ``(1) shall be compensated at no less than level IV of the
        Executive Schedule;
            ``(2) shall report to the Secretary; and
            ``(3) at the request of the Committees of the Senate and
        House of Representatives with appropriation and legislative
        jurisdiction over programs and activities of the Department of
        Energy, shall report to Congress on the activities of the
        Office.'';
            (3) in the second sentence, by striking ``The Director''
        and inserting the following:
    ``(d) Duties.--The Director''; and
            (4) in subsection (c) (as designated by paragraph (2)), by
        striking paragraphs (2) and (3) and inserting the following:
            ``(2) participate, in cooperation with other federal
        agencies, in the development and monitoring of domestic and
        international policies for their effects on any kind of climate
        change globally and domestically and on the generation,
        reduction, avoidance, and sequestration of greenhouse gases;
            ``(3) develop and implement a balanced, scientifically
        sound, nonadvocacy educational and informative public awareness
        program on--
                    ``(A) potential global climate change, including
                any known adverse and beneficial effects on the United
                States and the economy of the United States and the
                world economy, taking into consideration whether those
                effects are known or expected to be temporary, long-
                term, or permanent; and
                    ``(B) voluntary means and measures to mitigate or
                minimize significant adverse effects and, where
                appropriate, to adapt, to the greatest extent
                practicable, to climate change;
            ``(4) provide, consistent with applicable provisions of law
        (including section 1605 (b)(3)), public assess to all
        information on climate change, effects of climate change, and
        adaptation to climate change;
            ``(5) promote and cooperate in the research, development,
        demonstration, and diffusion of environmentally sound, cost-
        effective and commercially practicable technologies, practices
        and processes that avoid, sequester, control, or reduce
        anthropogenic emissions of greenhouse gases not controlled by
        the Montreal Protocol for all relevant economic sectors,
        including, where appropriate, the transfer of environmentally
        sound, cost-effective and commercially practicable
        technologies, practices, and processes developed with Federal
        funds by the Department of Energy or any of its facilities and
        laboratories to interested persons in the United States and to
        developing country Parties to the United Nations Framework
        Convention on Climate Change, and Parties thereto with
        economies in transition to market-based economies, consistent
        with, and subject to, any applicable Federal law, including
        patent and intellectual property laws, and any applicable
        contracts, and taking into consideration the provisions and
        purposes of section 1608; and
            ``(6) have the authority to participate in the planning
        activities of relevant Department of Energy programs.''.

SEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE GASES.

    (a) Updating.--Section 1605 of the Energy Policy Act of 1992 (42
U.S.C. 13385) is amended--
            (1) by amending the second sentence of subsection (a) to
        read as follows--
                    ``The Administrator of the Energy Information
                Administration shall annually update and analyze such
                inventory using available data, including beginning in
                calendar year 2001, information collected as a result
                of voluntary reporting under subsection (b). The
                inventory shall identify for calendar year 2001 and
                thereafter the amount of emissions reductions
                attributed to those reported under subsection (b).'';
            (2) by amending subsection (b)(1)(B) and (C) to read as
        follows--
            ``(B) annual reductions or avoidance of greenhouse gas
        emissions and sequestration and carbon fixation achieved
        through any measures, including agricultural activities,
        cogeneration, appliance efficiency, energy efficiency, forestry
        activities that increase carbon sequestration stocks (including
        the use of forest products), fuel switching, management of
        grasslands and drylands, manufacture or use of vehicles with
        reduced greenhouse gas emissions, methane recovery, ocean
        seeding, use of renewable energy, chlorofluorocarbon capture
        and replacement, and power plant heat rate improvement; and
            ``(C) reductions in, or avoidance of, greenhouse gas
        emissions achieved as a result of voluntary activities
        domestically, or internationally, plant or facility closings,
        and State or Federal requirements.'';
            (3) by striking in the first sentence of subsection (b)(2)
        the word ``entities'' and inserting ``persons or entities'' and
        in the second sentence of such subsection, by inserting after
        ``Persons'' the words ``or entities'';
            (4) by inserting in the second sentence of subsection
        (b)(4) the words ``persons or'' before ``entity''; and
            (5) by adding after subsection (b)(4) the following new
        paragraphs--
    ``(5) Recognition of voluntary reductions or avoided emissions of
greenhouse gases.--In order to encourage and facilitate new and
increased voluntary efforts on a continuing basis, particularly by
persons and entities in the private sector, to reduce global emissions
of greenhouse gases, including voluntary efforts to limit, control,
sequester, and avoid such emissions, the Secretary shall promptly
develop and establish, after an opportunity for public comment of at
least 60 days, a program of giving annual public recognition, beginning
not later than January 31, 2001, to all reporting persons and entities
demonstrating, pursuant to the voluntary collections and reporting
guidelines issued under this section, voluntarily achieved greenhouse
gases reductions, including such information reported prior to the
enactment of this paragraph. Such recognition shall be based on the
information certified, subject to 18 U.S.C. 1001, by such persons or
entities for accuracy as provided in paragraph 2 of this subsection. At
a minimum such recognition shall annually be published in the Federal
Register.
    ``(6) Changes in guidelines to improve accuracy and reliability.--
The Secretary of Energy, through the Administrator of the Energy
Information Administration, shall conduct a review, which shall include
an opportunity for public comment, of what, if any, changes should be
made to the guidelines established under this section regarding the
accuracy and reliability of greenhouse gas reductions and related
information reported under this section. Any such review shall give
considerable weight to the voluntary nature of this section and to the
purpose of encouraging voluntary greenhouse gas emission reductions by
the private sector. Changes to be reviewed shall include the need for,
and the appropriateness of--
            ``(A) a random or other verification process using the
        authorities available to the Administrator under other
        provisions of law;
            ``(B) a range of reference cases for reporting of project-
        based activities in sectors, including, but not limited to, the
        measures specified in subparagraph (1)(B) of this subsection,
        and the inclusion of benchmark and default methodologies for
        use in the reference cases for `greenfield' projects; and
            ``(C) provisions to address the possibility of reporting,
        inadvertently or otherwise, of some or all of the same
        greenhouse gas emissions reductions by more than one reporting
        entity or person and to make corrections where necessary.
    The review should consider the costs and benefits of any such
changes, the impacts on encouraging participation in this section,
including by farmers and small businesses, and the need to avoid
creating undue economic advantages or disadvantages for persons or
entities of the private sector. The review should provide, where
appropriate, a range of reasonable options that are consistent with the
voluntary nature of this section and that will help further the
purposes of this section. The review should be available in draft form
for public comment at least 45 days before it is submitted to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Commerce of the House of Representatives. Such submittal
should be made by December 31, 2000. If the Secretary, in consultation
with the Administrator, finds, based on the study results, that such
changes are likely to be beneficial and cost effective in improving the
accuracy and reliability of reported greenhouse gas reductions and
related information, are consistent with the voluntary nature of this
section, and furthers the purposes of this section, the Secretary shall
propose and promulgate, consistent with such finding, such guidelines,
together with such findings. In carrying out the provisions of this
paragraph, the Secretary shall consult with the Secretary of
Agriculture and the Administrator of the Small Business Administration
to facilitate greater participation by small business and farmers in
this subsection for the purpose of addressing greenhouse gas emission
reductions and reporting such reductions.''.
            (6) in subsection (c), by inserting ``the Secretary of the
        Department of Agriculture, the Secretary of the Department of
        Commerce, the Administrator of the Energy Information
        Administration, and'' before ``the Administrator''.
    (b) Guidelines.--The Secretary shall revise, after opportunity for
public comment, the guidelines issued under section 1605(b) of the
Energy Policy Act of 1992 to reflect the amendments made to such
section 1605(b) by subsection (a)(2) through (4) of this section not
later than 18 months after the date of enactment of this Act. Such
revised guidelines shall specify their effective date.
    (c) Effective Date.--The provisions of subsection (a) (5) and (6)
of this section shall be effective on the date of enactment of this
Act.

SEC. 5. DEFINITIONS.

    For the purpose of this Act and the provisions of the Energy Policy
Act of 1992 (42 U.S.C. 13381, et seq.) amended by this Act, the
following terms are defined as follows:
            ``(1) Agricultural activity.--The term `agricultural
        activity' means livestock production, cropland cultivation,
        biogas recovery and nutrient management.
            ``(2) Climate change.--The term `climate change' means a
        change of climate which is attributed directly or indirectly to
        human activity which is in addition to natural climate
        variability observed over comparable time periods.
            ``(3) Climate system.--The term `climate system' means the
        totality of the atmosphere, hydrosphere, biosphere and
        geosphere and their interactions.
            ``(4) Greenhouse gases.--The term `greenhouse gases' means
        those gaseous constituents of the atmosphere, both natural and
anthropogenic, that absorb and re-emit infrared radiation.
            ``(5) Greenhouse gas reduction.--The term `greenhouse gas
        reduction' means 1 metric ton of greenhouse gas (expressed in
        terms of carbon dioxide equivalent) that is voluntarily
        certified to have been achieved under section 1605 of the
        Energy Policy Act of 1992 (42 U.S.C. 13385).
            ``(6) Greenhouse gas sequestration.--The term `greenhouse
        gas sequestration' means extracting one or more greenhouse
        gases from the atmosphere or an emissions stream through a
        technological process designed to extract and isolate those
        gases from the atmosphere or an emissions stream; or the
        natural process of photosynthesis that extracts carbon dioxide
        from the atmosphere and stores it as carbon in trees, roots,
        stems, soils, foliage, and durable wood products.
            ``(7) Forest products.--The term `forest products' means
        all products or goods manufactured from trees.
            ``(8) Forestry activity.--
                    ``(A) In general.--The term `forestry activity'
                means any ownership or management action that has a
                discernible impact on the use and productivity of
                forests.
                    ``(B) Inclusions.--Forestry activities include, but
                are not limited to, the establishment of trees on an
                area not previously forested, the establishment of
                trees on an area previously forested if a net carbon
                benefit can be demonstrated, enhanced forest management
                (e.g., thinning, stand improvement, fire protection,
                weed control, nutrient application, pest management,
                other silvicultural practices), forest protection or
                conservation if a net carbon benefit can be
                demonstrated, and biomass energy (using wood, grass or
                other biomass in lieu of fossil fuel).
                    ``(C) Exclusions.--The term `forest activity' does
                not include a land use change associated with--
                            ``(i) an act of war; or
                            ``(ii) an act of nature, including floods,
                        storms, earthquakes, fires, hurricanes, and
                        tornadoes.
            ``(9) Management of grasslands and drylands.--The term
        `management of grasslands and drylands' means seeding,
        cultivation, and nutrient management.
            ``(10) Ocean seeding.--The term `ocean seeding' means
        adding nutrients to oceans to enhance the biological fixation
        of carbon dioxide.''.

Summary: Revises requirements governing a national inventory and voluntary reporting of greenhouse gases. Instructs the Secretary of Energy to: (1) implement a program of giving annual public recognition in the Federal Register to persons and entities demonstrating voluntarily achieved greenhouse gas reductions. And (2) conduct a review of possible changes to the guidelines to improve the accuracy and reliability of greenhouse gas emission reductions.

Energy and Climate Policy Act of 1999


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biobased Energy Incentive Act of
2002''.

SEC. 2. PRODUCTION OF BIOBASED ENERGY PRODUCTS.

    The Biomass Research and Development Act of 2000 (7 U.S.C. 7624
note; Public Law 106-224) is amended--
            (1) by redesignating section 310 as section 311; and
            (2) by inserting after section 309 the following:

``SEC. 310. PRODUCTION OF BIOBASED ENERGY PRODUCTS.

    ``(a) Definitions.--In this section:
            ``(1) Biobased energy product.--The term `biobased energy
        product' means biodiesel or ethanol fuel.
            ``(2) Biodiesel.--The term `biodiesel' means a monoalkyl
        ester that meets the requirements of ASTM D6751.
            ``(3) Eligible commodity.--The term `eligible commodity'
        means wheat, corn, grain sorghum, barley, oats, rice, soybeans,
        sunflower seed, rapeseed, canola, safflower, flaxseed, mustard,
        crambe, sesame seed, cottonseed, and cellulosic commodities
        (such as hybrid poplars and switch grass).
            ``(4) Eligible producer.--The term `eligible producer'
        means a producer that--
                    ``(A) uses an eligible commodity to produce a
                biobased energy product; and
                    ``(B) enters into a contract with the Secretary
                under subsection (b)(2).
            ``(5) New producer.--The term `new producer' means an
        eligible producer that has not used an eligible commodity to
        produce a biobased energy product during the preceding fiscal
        year.
    ``(b) Biobased Energy Incentive Program.--
            ``(1) Establishment.--The Secretary shall establish a
        biobased energy incentive program under which the Secretary
        shall make payments to eligible producers to promote the use of
        eligible commodities to produce biobased energy products.
            ``(2) Contracts.--
                    ``(A) In general.--To be eligible to receive a
                payment, an eligible producer shall enter into a
                contract with the Secretary under which the producer
                shall agree to increase the use of eligible commodities
                to produce biobased energy products during 1 or more
                fiscal years.
                    ``(B) Quarterly payments.--Under a contract--
                            ``(i) the eligible producer shall agree to
                        increase the use of eligible commodities to
                        produce biobased energy products during each
                        fiscal year covered by the contract; and
                            ``(ii) the Secretary shall make payments to
                        the eligible producer for each quarter of the
                        fiscal year.
            ``(3) Amount.--Subject to paragraphs (6) through (8), the
        amount of a payment made to an eligible producer for a fiscal
        year under this subsection shall be determined by multiplying--
                    ``(A) the payment quantity for the fiscal year
                determined under paragraph (4); by
                    ``(B) the payment rate determined under paragraph
                (5).
            ``(4) Payment quantity.--
                    ``(A) In general.--Subject to subparagraph (B), the
                payment quantity for payments made to an eligible
                producer for a fiscal year under this subsection shall
                equal the difference between--
                            ``(i) the quantity of eligible commodities
                        that the eligible producer agrees to use, under
                        the contract entered into with the Secretary,
                        to produce biobased energy products during the
                        fiscal year; and
                            ``(ii) the quantity of eligible commodities
                        that the eligible producer used to produce
                        biobased energy products during the preceding
                        fiscal year.
                    ``(B) New producers.--The payment quantity for
                payments made to a new producer for the first fiscal
                year of a contract under this subsection shall equal 25
                percent of the quantity of eligible commodities that
                the eligible producer uses to produce biobased energy
                products during the fiscal year.
            ``(5) Payment rate.--
                    ``(A) In general.--Subject to subparagraph (B), the
                payment rate for payments made to an eligible producer
                under this subsection for the use of an eligible
                commodity shall be determined by the Secretary to
                compensate the eligible producer for the local value
                of--
                            ``(i) in the case of corn, 1 bushel of corn
                        for each 3 bushels of additional corn that is
                        used to produce a biobased energy product; and
                            ``(ii) in the case of each other eligible
                        commodity, an equivalent quantity determined by
                        the Secretary.
                    ``(B) Small-scale producers.--The payment rate for
                payments made to an eligible producer that has an
                annual capacity of less than 60,000,000 gallons of
                biobased energy products shall be at least 25 percent
                higher than the payment rate for other eligible
                producers, as determined by the Secretary.
            ``(6) Proration.--If the amount made available for a fiscal
        year under subsection (d)(2)(A) is insufficient to allow the
        payment of the amount of the payments that eligible producers
        (that apply for the payments) otherwise would have a right to
        receive under this subsection, the Secretary shall prorate the
        amount of the funds among all such eligible producers.
            ``(7) Overpayments.--If the total amount of payments that
        an eligible producer receives for a fiscal year under this
        section exceeds the amount the eligible producer should have
        received under this subsection, the producer shall repay the
        amount of the overpayment to the Secretary, plus interest (as
        determined by the Secretary).
            ``(8) Limitation.--No eligible producer shall receive more
        than 7 percent of the total amount made available for a fiscal
        year under subsection (d)(2)(A).
            ``(9) Recordkeeping and monitoring.--To be eligible to
        receive a payment under this subsection, an eligible producer
        shall--
                    ``(A) maintain for at least 3 years records
                relating to the production of biobased energy products;
                and
                    ``(B) make the records available to the Secretary
                to verify eligibility for the payments.
            ``(10) Other requirements.--To be eligible to receive a
        payment under this subsection, an eligible producer shall meet
        other requirements of Federal law (including regulations)
        applicable to the production of biodiesel or ethanol fuel.
    ``(c) Availability of Biobased Energy Products.--The Secretary
shall establish a program to encourage wider availability of biobased
energy products to consumers of gasoline and diesel fuels.
    ``(d) Funding.--
            ``(1) In general.--Subject to paragraph (2), the Secretary
        shall use the funds, facilities, and authorities of the
        Commodity Credit Corporation to carry out this section.
            ``(2) Fiscal year limitations.--The amount of funds of the
        Commodity Credit Corporation used to carry out this section
        shall not exceed--
                    ``(A) in the case of subsection (b), $150,000,000
                for fiscal year 2003 and each subsequent fiscal year;
                and
                    ``(B) in the case of subsection (c), $10,000,000
                for fiscal year 2003 and each subsequent fiscal
                year.''.

Summary: Biobased Energy Incentive Act of 2002 - Amends the Biomass Research and Development Act of 2000 to direct the Secretary of Agriculture to establish: (1) a biobased energy incentive program of payments to eligible producers to promote the use of commodities to produce biobased energy products. And (2) a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuel.

A bill to amend the Biomass Research and Development Act of 2000 to encourage production of biobased energy products, and for other purposes.


SECTION 1. STATEMENT OF U.S. POLICY.

    It shall be the policy of the United States to--
            (1) take all necessary and appropriate steps in accordance
        with international agreements to support the commitments of the
        United States to ensure the physical security and protection of
        Camp Liberty/Hurriya residents, members of the opposition
        Mujahedeen e-Khalq (MEK), in accordance with the United States
        Embassy Statement on Transfer of Security Responsibility for
        Camp Ashraf of December 28, 2008;
            (2) assist the United Nations High Commissioner for
        Refugees in ensuring the rapid and orderly resettlement of all
        residents of Camp Liberty/Hurriya to safe locations outside of
        Iraq; and
            (3) permit the admission as refugees of the residents of
        Camp Liberty/Hurriya to the United States, who express a desire
        for such resettlement.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The United States recognized the residents of the
        former Camp Ashraf who now reside in Camp Liberty/Hurriya as
        ``protected persons'' under the Fourth Geneva Convention and
        committed itself to protect the residents until their final
        disposition.
            (2) The United States expects the Government of Iraq to
        continue this commitment of protection of the residents of Camp
        Liberty/Hurriya, as reflected in the United States Embassy
        Statement on Transfer of Security Responsibility for Camp
        Ashraf of December 28, 2008.
            (3) The residents of the former Camp Ashraf, who now reside
        in Camp Liberty/Hurriya, renounced violence and unilaterally
        disarmed more than a decade ago.
            (4) Dozens of residents of Camp Liberty/Hurriya were
        permanent residents or political refugees in the United States.
            (5) Camp Liberty/Hurriya residents have provided valuable
        intelligence to the international community concerning efforts
        by the Government of Iran to establish a nuclear weapons
        capability and to supply the terrorist groups in Iraq with
        Improvised Explosive Devices (IEDs).
            (6) Camp Liberty/Hurriya residents share the desire of the
        United States in seeing the establishment of a peaceful,
        democratic, non-nuclear government in Iran with full rights for
        women and religious and ethnic minorities.
            (7) The residents of Camp Liberty/Hurriya are cooperating
        in the framework of an agreement between the United Nations and
        the Government of Iraq to transfer the residents out of Iraq.
            (8) Despite Iraq's acceptance of the U.S. commitment to
        protect Camp Ashraf residents, the unarmed residents have been
        attacked five times in 2009, 2011, and 2013 during their
        residence in the former Camp Ashraf and Camp Liberty/Hurriya by
        external persons and organizations, including Iraqi security
        forces, killing more than 100 residents and wounding 1,000
        others.
            (9) Iraqi security forces are permanently stationed all
        around Camp Liberty/Hurriya, despite their history of violence
        against the unarmed residents, while all Liberty/Hurriya
        residents are kept inside the Camp's walled compound, with no
        freedom of movement for the residents outside the Camp and no
        access to counsel, family, NGOs, and press.

SEC. 3. ACTIONS TO PROTECT IRANIAN DISSIDENTS LIVING IN CAMP LIBERTY/
              HURRIYA.

            (1) The United States shall take all necessary and
        appropriate steps to ensure the safety of the residents of Camp
        Liberty/Hurriya.
            (2) The United States shall provide all necessary and
        appropriate assistance to the United Nations High Commissioner
        for Refugees to process applications by the residents of Camp
        Liberty/Hurriya for refugee status and to secure their orderly
        resettlement in safe locations outside of Iraq, including in
        the United States for any such residents who express such a
        desire.
            (3) The United States shall timely admit as refugees the
        residents of Camp Liberty/Hurriya in the U.S. and in doing so
        shall not delay or bar such resettlement merely because any
        such resident is or has been a member of, or supports or has
        supported, organizations or groups that were subject to the
        Secretary of State's decision of September 21, 2012, in Public
        Notice 8049, notwithstanding Sec. Sec. 212(a)(3)(B) and
        212(a)(3)(F) of the Immigration and Nationality Act of 1965, as
        amended.
            (4) Within 90 days of the effective date of this Act, the
        Secretary of State and the Secretary of the Department of
        Homeland Security shall report to the Congress on steps taken
        by the United States to guard the safety of the residents of
        Camp Liberty/Hurriya and to secure their orderly resettlement
        in safe locations in accordance with the provisions of this
        Act.

Summary: Directs the United States to: (1) take all necessary and appropriate steps to ensure the safety of the residents of Camp LibertyHurriya in Iraq. (2) provide all necessary and appropriate assistance to the United Nations (U. N.) High Commissioner for Refugees to process refugee applications by the residents of Camp LibertyHurriya and to secure their safe resettlement outside of Iraq. And (3) admit the residents of Camp LibertyHurriya as refugees in the United States and not delay or bar such resettlement because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State's decision of September 21, 2012. Directs the Secretary and the Secretary of the Department of Homeland Security (DHS) to report to Congress on US efforts to guard the safety of Camp LibertyHurriya residents and secure their orderly resettlement.

To ensure the emergency protection of Iranian dissidents living in Camp Liberty/Hurriya and to provide for their admission as refugees to the United States.


SECTION 1. URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND.

    (a) Expenditures Beginning October 1, 1999.--Notwithstanding any
other law, beginning on October 1, 1999, the Secretary of Energy may
expend amounts collected under subsections (c) and (d) of section 1802
of the Atomic Energy Act of 1954 (42 U.S.C. section 2297g-1 (c), (d))
for the purposes set forth in subsections (b) and (c) of section 1803
of such Act (42 U.S.C. 2297g-2 (b), (c)) without further appropriation
and without fiscal year limitation.
    (b) Expenditures Beginning October 1, 2008.--Notwithstanding any
other law, beginning October 1, 2008, the Secretary of Energy may
expend amounts in the fund established by section 1801 of the Atomic
Energy Act of 1954 (42 U.S.C. 2297g) for the purposes set forth in
subsections (b) and (c) of section 1803 of such Act (42 U.S.C. section
2297g-1 (c), (d)) without further appropriation and without fiscal year
limitation but subject to limitations that may be included in
appropriations Acts.

SEC. 2. ALLOCATION OF FUNDS.

    (a) In General.--The funds referred to in section 1 shall be
allocated to each decontamination and decommissioning program of the 3
gaseous diffusion plants in, Portsmouth, Ohio, Paducah, Kentucky, and
Oak Ridge, Tennessee, proportional to the total number of Separative
Work Units processed at each such site. Such units shall be calculated
as of the date of enactment of this Act. The Secretary of Energy shall
report the allocation to Congress within 60 days of such date of
enactment.
    (b) Advance Notification of Termination of Lease.--Upon receiving
advance notification that the United States Enrichment Corporation, or
its affiliates, is terminating all or part of its lease with the
Department of Energy at the gaseous diffusion plant at Portsmouth,
Ohio, or Paducah, Kentucky, the Department of Energy shall notify local
and State officials, the congressional delegation, employee
representatives, and community reuse organizations (if any).
    (c) Decontamination and Decommissioning Program.--If such a lease
is terminated, in whole or in part, the Department of Energy shall,
within 60 days, make a determination whether it will lease the facility
involved in the lease to a successor entity, operate the facility as a
government enterprise, operate the facility on standby, or close all or
part of the operations of the facility. In the event that the
Department of Energy determines that it will no longer operate or lease
all or part of a gaseous diffusion plant, the Department of Energy
shall immediately initiate a decontamination and decommissioning
program. Within 30 days of such decision, the Department of Energy
shall immediately commence all required environmental reviews,
including compliance with the National Environmental Policy Act of
1969.
    (d) Report.--The Secretary of Energy shall transmit to Congress a
decontamination and decommissioning program for the Portsmouth, Ohio
and Paducah, Kentucky, gaseous diffusion plants no later than 180 days
after the date a decision has been made to close all or part of one of
the gaseous diffusion plants.

SEC. 3. PORTSMOUTH AND PADUCAH OPERATIONS OFFICE.

    (a) In General.--The Department of Energy shall establish, not
later than March 30, 2000, a Portsmouth and Paducah Operations Office.
The office shall manage the environmental restoration, nuclear energy,
and uranium enrichment program activities at such 2 sites. The office
shall be provided with budget authority and contracting authority over
existing contracts and authority to award new contracts. The office
shall manage and direct, among other projects, the depleted uranium
hexafluoride conversion program and decontamination and decommissioning
program. The office shall also have its own capacity to perform
environmental, safety, health, and financal oversight.
    (b) Plan.--The Department shall submit, not later than 60 days
after the date of enactment of this Act, a plan for establishing the
Portsmouth and Paducah Operations Office. The plan shall describe
actions required to transfer functions from the Oak Ridge Operations
Office to the Portsmouth and Paducah Operations Office. The plan shall
outline the personnel transfers, full-time equivalent requirements,
budget requirements, physical space requirements, and identify the
source of funds to accomplish the transfer of personnel, documents, and
support systems. The plan shall include the provision for legal counsel
and chief financial officer and describe the reporting relationships to
the Headquarters Program Office. The plan shall detail which Operations
Office functions shall be located at the Portsmouth Plant Area Office
versus the Paducah Plant Area Office.
    (c) President's Budget.--The President's Budget request for fiscal
year 2001 and for each fiscal year thereafter shall include funding for
the Portsmouth and Paducah Operations Office as a separate line item
from the Oak Ridge Operations Office budget.

SEC. 4. CLOSURE OF GASEOUS DIFFUSION PLANT.

    The Department of Energy shall minimize the social and economic
impacts of any decisions related to the closure of all or part of a
gaseous diffusion plant at Portsmouth, Ohio, or Paducah, Kentucky. As
part of this effort, all contracts and subcontracts for safe shutdown,
deactivation, decontamination, and decommissioning work at
such Department of Energy's gaseous diffusion plants shall include
requirements that--
            (1) consistent with site seniority practices, contractors
        and subcontractors of all tiers directly provide a continuing
        right of first refusal for available work to gaseous diffusion
        plant employees and Department of Energy contractor employees
        who were employed on the date of enactment of this Act and are
        displaced or facing displacement and are qualified or can
        qualify with a reasonable amount of training;
            (2) contractors and subcontractors provide requisite
        training and retraining for incumbent employees not to exceed
        $10,000 per worker, excluding wages and time spent in training;
            (3) pay wages and benefits not less than wages and fringes
        provided under the Service Contract Act of 1965, and provide
        pension and retiree health care benefit continuity using the
        Multiple Employer Pension Plan now in place at the Portsmouth,
        Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee sites or an
        equivalent instrument;
            (4) comply with the workforce restructuring plan
        promulgated by the Department of Energy pursuant to section
        3161 of the National Defense Authorization Act for Fiscal Year
        1993 (42 U.S.C. 7274h); and
            (5) suits alleging violations of this section may be
        brought in any district court of the United States having
        jurisdiction over the parties, without regard to the amount in
        controversy or citizenship of the parties.

Summary: Mandates allocation of such funds to each decontamination and decommissioning program of the gaseous diffusion plants in Portsmouth, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee, proportional to the total number of Separative Work Units processed at each site. Sets forth procedural guidelines for possible termination by the United States Enrichment Corporation of its lease with the Department of Energy (DOE). Instructs the Secretary to transmit a decontamination and decommissioning program for the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants after the date a decision has been made to close all or part of one of the gaseous diffusion plants. Directs DOE to establish a Portsmouth and Paducah Operations Office to manage environmental restoration, nuclear energy, and uranium enrichment program activities. Mandates that the President's Budget request for FY2001 and for each fiscal year thereafter include funding for such Office as a separate line item from the Oak Ridge Operations Office budget. Sets forth closure requirements to minimize social and economic impacts relating to partial or total closures of the Portsmouth, Ohio, and Paducah, Kentucky, gaseous diffusion plants.

To provide funding for the Portsmouth and Paducah, Tennessee, gaseous diffusion plants.