SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Our Democracy Act of 2014''.

SEC. 2. ELECTION OF MEMBERS OF HOUSE OF REPRESENTATIVES THROUGH OPEN
              PRIMARIES.

    (a) Rules for Election of House Members.--A candidate for election
for the office of Member of the House of Representatives shall be
elected to such office pursuant to the following elections held by the
State in which the candidate seeks election:
            (1) A single open primary election for such office held in
        accordance with subsection (b).
            (2) A single general election for such office held in
        accordance with subsection (c).
    (b) Open Primaries.--Each State shall hold a single open primary
election for each office of Member of the House of Representatives in
the State under which--
            (1) each candidate for such office, regardless of the
        candidate's political party preference, shall appear on a
        single ballot; and
            (2) each voter in the State who is eligible to vote in
        elections for Federal office in the Congressional district
        involved may cast a ballot in the election, regardless of the
        voter's political party preference.
    (c) General Election.--Each State shall hold a general election for
each office of Member of the House of Representatives in the State
under which the 2 candidates receiving the greatest number of votes in
the single open primary election for such office (as described in
subsection (b)), without regard to the political party preference of
such candidates, shall be the only candidates appearing on the ballot.

SEC. 3. ABILITY OF CANDIDATES TO DISCLOSE POLITICAL PARTY PREFERENCES.

    (a) Option of Candidates To Declare Political Party Preference.--At
the time a candidate for the office of Member of the House of
Representatives files to run for such office, the candidate shall have
the option of declaring a political party preference, and the
preference chosen (if any) shall accompany the candidate's name on the
ballot for the election for such office.
    (b) Designation for Candidates Not Declaring Preference.--If a
candidate does not declare a political party preference under
subsection (a), the designation ``No Party Preference'' shall accompany
the candidate's name on the ballot for the election for such office.
    (c) No Party Endorsement Implied.--The selection of a party
preference by a candidate under subsection (a) shall not constitute or
imply endorsement of the candidate by the party designated, and no
candidate in a general election shall be deemed the official candidate
of any party by virtue of his or her selection in the primary.

SEC. 4. PROTECTION OF RIGHTS OF POLITICAL PARTIES.

    Nothing in this Act shall restrict the right of individuals to join
or organize into political parties or in any way restrict the right of
private association of political parties. Nothing in this Act shall
restrict a party's right to contribute to, endorse, or otherwise
support a candidate for the office of Member of the House of
Representatives. A political party may establish such procedures as it
sees fit to endorse or support candidates or otherwise participate in
all elections, and may informally designate candidates for election to
such an office at a party convention or by whatever lawful mechanism
the party may choose, other than pursuant to a primary election held by
a State. A political party may also adopt such rules as it sees fit for
the selection of party officials (including central committee members,
presidential electors, and party officers), including rules restricting
participation in elections for party officials to those who disclose a
preference for that party at the time of registering to vote.

SEC. 5. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC
              HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT.

    (a) In General.--For purposes of any law relating to Federal
employment, the Tuesday next after the first Monday in November in 2016
and each even-numbered year thereafter shall be treated in the same
manner as a legal public holiday described in section 6103 of title 5,
United States Code.
    (b) Sense of Congress Regarding Treatment of Day by Private
Employers.--It is the sense of Congress that private employers in the
United States should give their employees a day off on the Tuesday next
after the first Monday in November in 2016 and each even-numbered year
thereafter to enable the employees to cast votes in the elections held
on that day.

SEC. 6. STUDY OF NATIONAL STANDARDS AND CRITERIA FOR CONGRESSIONAL
              REDISTRICTING.

    (a) Study.--The Comptroller General shall conduct a study of the
feasibility and desirability of enacting national standards and
criteria for Congressional redistricting.
    (b) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall submit a
report to Congress on the study conducted under subsection (a).

----------------------------------------------------------------------------------------------------------------
7.5..........................................  Before January 1, 1999.
 7.75........................................  January 1, 1999, to December 31, 1999.
 7.9.........................................  January 1, 2000, to December 31, 2000.
 7.55........................................  After January 11, 2003.
----------------------------------------------------------------------------------------------------------------

SEC. 7. MEMBER DEFINED.

    In this Act, the term ``Member of the House of Representatives''
included a Delegate or Resident Commissioner to the Congress.

SEC. 8. EFFECTIVE DATE.

    Except as provided in sections 5(a) and 6(b), this Act shall apply
with respect to elections occurring during 2016 or any succeeding year.

Summary: Open Our Democracy Act of 2014 - Requires all candidates for election to the House of Representatives to run in a single open primary, regardless of political party preference. Limits the ensuing general election to the two candidates receiving the greatest number of votes in the single open primary. Gives candidates the option, at the time of filing to run for office, to declare a political party preference, which does not constitute or imply endorsement of the candidate by the party designated. Treats the general election day in the same manner as a legal public holiday for purposes of federal employment. Expresses the sense of Congress that private employers should give their employees a day off on the general election day in November 2016 and each even-numbered year thereafter to enable them to cast votes in elections held on that day. Requires the Comptroller General (GAO) to study the feasibility and desirability of enacting national standards and criteria for congressional redistricting.

Open Our Democracy Act of 2014


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nuclear Weapons Complex Conversion
Act of 2000''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Russian nuclear weapons complex is still at its
        Cold War size. Little information about this complex is shared,
        and 10 of its most sensitive cities remain closed. These cities
        house 750,000 people and employ approximately 150,000 people in
        nuclear military facilities. Although the Russian Federation
        Ministry of Atomic Energy has announced the need to
        significantly downsize its workforce, perhaps by as much as 50
        percent, it has been very slow in accomplishing this goal.
        Information on the extent of any progress is very closely held.
        The major impediments to downsizing have been economic and
        social conditions in Russia.
            (2) The United States, on the other hand, has significantly
        downsized its nuclear weapons complex in an open and
        transparent manner. As a result, an enormous asymmetry now
        exists between the United States and Russia in nuclear weapon
        production capacities and in transparency of such capacities.
        It is in the national security interest of the United States to
        assist the Russian Federation in accomplishing significant
        reductions in its nuclear military complex and in helping it to
        protect its nuclear weapons, nuclear materials, and nuclear
        secrets during such reductions. Such assistance will accomplish
        critical nonproliferation objectives and provide essential
        support towards future arms reduction agreements. Without a
        significant, transparent reduction in nuclear weapons
        production capacity, the Russian Federation's ability to
        quickly reconstitute its arsenal remains inconsistent with
        current and contemplated arms control agreements.
            (3) Several current programs address portions of the
        downsizing and nuclear security concerns. The Nuclear Cities
        Initiative was established to assist Russia in creating job
        opportunities for employees who are not required to support
        realistic Russian nuclear security requirements. Its focus has
        been on creating commercial ventures that can provide self-
        sustaining jobs in three of the closed cities. The current
        scope and funding of the program are not commensurate with the
        scale of the threats to the United States sought to be
        addressed by the program.
            (4) To effectively address threats to United States
        national security interests, progress with respect to the
        nuclear cities must be expanded and accelerated. The Nuclear
        Cities Initiative has laid the groundwork for an immediate
        increase in investment and potential for immediate risk
        reduction in the cities of Sarov, Snezhinsk, and Seversk, which
        house four key Russian nuclear facilities. Furthermore, the
        Nuclear Cities Initiative has made considerable progress with
        the limited funding available. However, to gain sufficient
        advocacy for additional support, the program must demonstrate--
                    (A) rapid progress in conversion and restructuring;
                and
                    (B) an ability for the United States to track
                progress against verifiable milestones that support a
                Russian nuclear complex consistent with their future
                national security requirements.
            (5) Reductions in the nuclear weapons-grade material stocks
        in the United States and Russia enhance prospects for future
        arms control agreements and reduce concerns that these
        materials could lead to proliferation risks. Confidence in both
        nations will be enhanced by knowledge of the extent of each
        nation's stockpiles of weapons-grade materials. The United
        States already makes this information public.
            (6) Many current programs contribute to the goals stated
        herein. However, the lack of programmatic coordination within
        and among United States Government agencies impedes the
        capability of the United States to make rapid progress. A
        formal single point of coordination is essential to ensure that
        all United States programs directed at cooperative threat
        reduction, nuclear materials reduction and protection, and the
        downsizing, transparency, and nonproliferation of the nuclear
        weapons complex effectively mitigate the risks inherent in the
        Russian Federation's military complex.
            (7) Specialists in the United States and the former Soviet
        Union trained in nonproliferation studies can significantly
        assist in the downsizing process while minimizing the threat
        presented by potential proliferation of weapons materials or
        expertise.

SEC. 3. EXPANSION AND ENHANCEMENT OF NUCLEAR CITIES INITIATIVE.

    (a) In General.--The Secretary of Energy shall, in accordance with
the provisions of this section, take appropriate actions to expand and
enhance the activities under the Nuclear Cities Initiative in order
to--
            (1) assist the Russian Federation in the downsizing of the
        Russian Nuclear Complex; and
            (2) coordinate the downsizing of the Russian Nuclear
        Complex under the Initiative with other United States
        nonproliferation programs.
    (b) Enhanced Use of MINATOM Technology and Research and Development
Services.--In carrying out actions under this section, the Secretary
shall facilitate the enhanced use of the technology, and the research
and development services, of the Russia Ministry of Atomic Energy
(MINATOM) by--
            (1) fostering the commercialization of peaceful, non-
        threatening advanced technologies of the Ministry through the
        development of projects to commercialize research and
        development services for industry and industrial entities; and
            (2) authorizing the Department of Energy, and encouraging
        other departments and agencies of the United States Government,
        to utilize such research and development services for
        activities appropriate to the mission of the Department, and
        such departments and agencies, including activities relating
        to--
                    (A) remediation of the environmental consequences
                of United States nuclear weapons activities and Russian
                nuclear weapons activities;
                    (B) nonproliferation (including the detection and
                identification of weapons of mass destruction and
                verification of treaty compliance);
                    (C) global energy and environmental matters; and
                    (D) basic scientific research.
    (c) Acceleration of Nuclear Cities Initiative.--(1) In carrying out
actions under this section, the Secretary shall accelerate the Nuclear
Cities Initiative by implementing, as soon as practicable after the
date of the enactment of this Act, programs at the nuclear cities
referred to in paragraph (2) in order to convert significant portions
of the activities carried out at such nuclear cities from military
activities to civilian activities.
    (2) The nuclear cities referred to in this paragraph are the
following:
            (A) Zarechnyy (Penza-19).
            (B) Sarov (Arzamas-16 and Avangard).
            (C) Snezhinsk (Chelyabinsk-70).
            (D) Seversk (Tomsk-7).
    (3) Before implementing a program under paragraph (1), the
Secretary shall establish appropriate, measurable milestones for the
first year of the program.
    (d) Plan for Restructuring the Russian Nuclear Complex.--(1) The
President, acting through the Secretary of Energy, is urged to enter
into negotiations with the Russian Federation for purposes of the
development by the Russian Federation of a plan to restructure the
Russian Nuclear Complex in order to meet changes in the national
security requirements of Russia by 2010.
    (2) The plan under paragraph (1) should include the following:
            (A) Mechanisms to achieve a nuclear weapons production
        capacity in Russia that is consistent with the obligations of
        Russia under current and future arms control agreements.
            (B) Mechanisms to increase transparency regarding nuclear
        weapons production processes and nuclear materials inventories
        in Russia to the levels of transparency for such matters in the
        United States, including the participation of Department of
        Energy officials with expertise in transparency of such
        matters.
            (C) Measurable milestones that will permit the United
        States and the Russian Federation to monitor progress under the
        plan.
    (e) Encouragement of Careers in Nonproliferation.--(1) In carrying
out actions under this section, the Secretary shall carry out a program
to encourage students in the United States and in the Russian
Federation to pursue a career in an area relating to nonproliferation.
    (2) Of the amounts available under subsection (f), $2,000,000 shall
be available for purposes of the program required under paragraph (1).
    (f) Funding for Fiscal Year 2001.--There is hereby authorized to be
appropriated for the Department of Energy for fiscal year 2001,
$50,000,000 for purposes of the Nuclear Cities Initiative, including
activities under this section.
    (g) Sense of Congress Regarding Funding for Fiscal Years After
Fiscal Year 2001.--It is the sense of Congress that the availability of
funds for the Nuclear Cities Initiative in fiscal years after fiscal
year 2001 should be contingent upon--
            (1) demonstrable progress in the programs carried out under
        subsection (c), as determined utilizing the milestones required
        under paragraph (3) of that subsection; and
            (2) the development and implementation of the plan required
        by subsection (d).

SEC. 4. SENSE OF CONGRESS ON THE ESTABLISHMENT OF A NATIONAL
              COORDINATOR FOR NONPROLIFERATION MATTERS.

    It is the sense of Congress that--
            (1) there should be a National Coordinator for
        Nonproliferation Matters to coordinate--
                    (A) the Nuclear Cities Initiative;
                    (B) the Initiatives for Proliferation Prevention
                program;
                    (C) the Cooperative Threat Reduction programs;
                    (D) the materials protection, control, and
                accounting programs; and
                    (E) the International Science and Technology
                Center; and
            (2) the position of National Coordinator for
        Nonproliferation Matters should be similar, regarding
        nonproliferation matters, to the position filled by designation
        of the President under section 1441(a) of the Defense Against
        Weapons of Mass Destruction Act of 1996 (title XIV of Public
        Law 104-201; 110 Stat. 2727; 50 U.S.C. 2351(a)).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Nuclear city.--The term ``nuclear city'' means any of
        the closed nuclear cities within the complex of the Russia
        Ministry of Atomic Energy (MINATOM) as follows:
                    (A) Sarov (Arzamas-16 and Avangard).
                    (B) Zarechnyy (Penza-19).
                    (C) Novoural'sk (Sverdlovsk-44).
                    (D) Lesnoy (Sverdlovsk-45).
                    (E) Ozersk (Chelyabinsk-65).
                    (F) Snezhinsk (Chelyabinsk-70).
                    (G) Trechgornyy (Zlatoust-36).
                    (H) Seversk (Tomsk-7).
                    (I) Zhelenznogorsk (Krasnoyarsk-26).
                    (I) Zelenogorsk (Krasnoyarsk-45).
            (2) Russian nuclear complex.--The term ``Russian Nuclear
        Complex'' refers to all of the nuclear cities.

Summary: Urges the President to enter into negotiations with the Russian Federation for the Federation's development of a plan to restructure its nuclear complex in order to meet changes in Russian nuclear security requirements by 2010. Directs the Secretary to carry out a program to encourage students in the United States and the Russian Federation to pursue careers in nonproliferation. Authorizes appropriations. Expresses the sense of Congress that availability of Initiative funds after FY 2001 should be contingent upon: (1) demonstrable progress in enhancing and accelerating Initiative activities. And (2) the development and implementation of Russia's nuclear restructuring plan. Expresses the sense of Congress that: (1) there should be a National Coordinator for Nonproliferation Matters to coordinate various Federal nonproliferation programs, including the Initiative. And (2) such Coordinator position should be similar to the Coordinator position filled by the President under the Defense Against Weapons of Mass Destruction Act of 1996.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Highways and Infrastructure
Preservation Act of 1997''.

SEC. 2. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.

    (a) Prohibition on Operation of Certain Cargo-Carrying Units.--
Section 411 of the Surface Transportation Assistance Act of 1982 (49
U.S.C. App. 2311) is amended--
            (1) by striking the section heading and all that follows
        through ``(a) Except'' and inserting the following:

``SEC. 411. LENGTH LIMITATIONS ON FEDERALLY ASSISTED HIGHWAYS.

    ``(a) State Requirements.--
            ``(1) In general.--Except'';
            (2) by moving the remaining portion of paragraph (1) of
        subsection (a), as designated by paragraph (1) of this
        subsection, 2 ems to the right; and
            (3) by adding at the end of subsection (a) the following:
            ``(2) Prohibition on operation of certain cargo-carrying
        units.--
                    ``(A) General rule.--No State shall register for
                operation on any segment of the Interstate System and
                those classes of qualifying National Highway System
                highways as designated by the Secretary any trailer,
                semi-trailer, container, or other cargo-carrying unit
                that is longer than 53 feet, except as provided by
                subparagraph (B).
                    ``(B) Exceptions.--The following shall not be
                subject to the requirement of subparagraph (A):
                            ``(i) Any trailer, semi-trailer, container,
                        or other cargo carrying unit that is
                        manufactured before the expiration of the 1-
                        year period beginning on the date of the
                        enactment of this paragraph.
                            ``(ii) Any trailer, semi-trailer,
                        container, or other cargo-carrying unit that is
                        used exclusively for fire-fighting.
            ``(C) Limitation on statutory construction.--Nothing in
        this paragraph shall be construed to affect the laws of any
        State applicable to any trailer, semi-trailer, container, or
        other cargo-carrying unit that is less than 53 feet in
        length.''.
    (b) Repeal.--The 3d sentence of section 411(b) of such Act is
repealed.
    (c) Conforming Amendments.--Section 411 of such Act is amended--
            (1) by striking ``subsection (a) of this section'' each
        place it appears and inserting ``subsection (a)(1) of this
        section''; and
            (2) in subsection (d) by striking ``subsections (a)'' and
        inserting ``subsections (a)(1)''.
    (d) Enforcement.--The 2d sentence of section 141(b) of title 23,
United States Code, is amended--
            (1) by striking ``section 411(j)'' and inserting
        ``subsections (a)(2) and (j) of section 411''; and
            (2) by striking ``2311(j)'' and inserting ``2311''.

SEC. 3. TERMINATION OF DETERMINATIONS OF GRANDFATHER RIGHTS.

    (a) In General.--Section 127 of title 23, United States Code, is
amended by adding at the end the following:
    ``(h) Grandfather Rights.--
            ``(1) General rule.--No State shall allow the operation of
        any vehicle or combination (other than longer combination
        vehicles) not in conformance with the Interstate weight limits,
        unless such operation is on the list published pursuant to
        paragraph (2).
            ``(2) List of vehicles or combinations.--
                    ``(A) Proceeding.--Not later than 60 days after the
                date of the enactment of this subsection, the Secretary
                shall initiate a proceeding to determine and publish a
                list of vehicles or combinations (other than longer
                combination vehicles), otherwise not in conformance
                with the Interstate weight limits, that the Department
                of Transportation or any other Federal agency or a
                State has determined before January 1, 1997, could be
                lawfully operated within such State on July 1, 1956
                (except in the case of the overall gross weight of any
                group of 2 or more consecutive axles, on the date of
                the enactment of the Federal-Aid Highway Amendments of
                1974).
                    ``(B) Limitation.--No operation of any vehicle or
                combination (other than a longer combination vehicle)
                shall be included on the list published pursuant to
                subparagraph (A) on the basis that a State law or
                regulation could have authorized such operation at some
                prior date by permit or otherwise.
                    ``(C) Publication of final list.--Not later than
                270 days after the date of the enactment of this
                subsection, the Secretary shall publish a final list of
                vehicles or combinations described in subparagraph (A).
            ``(3) Limitation on statutory construction.--Nothing in
        this subsection shall be construed to prevent a State from
        reducing the State's gross vehicle weight limitation or the
        State's single or tandem axle weight limitations on the
        Interstate System for operations on the list published pursuant
        to paragraph (2) but in no event shall any such reduction fall
        below weight limits referred to in subsection (a).
            ``(4) Applicability of existing requirements.--All vehicles
        or combinations included on the list published pursuant to
        paragraph (2) shall be subject to all routing-specific,
        commodity-specific, and weight-specific designations in force
        in a State before January 1, 1997.''.
    (b) Conforming Amendment.--The 4th sentence of section 127(a) of
such title is amended by striking ``the State determines''.

SEC. 4. NONDIVISIBLE LOAD PROCEEDING.

    Section 127 of title 23, United States Code, is further amended by
adding at the end the following:
    ``(i) Nondivisible Loads.--
            ``(1) Proceeding.--Not later than 60 days after the date of
        the enactment of this subsection, the Secretary shall initiate
        a proceeding to determine the meaning of the term `vehicles and
        loads which cannot be easily dismantled or divided' as used in
        subsection (a), including a commodity-specific definition of
        such term.
            ``(2) Regulations.--Not later than 270 days after the date
        of the enactment of this subsection, the Secretary shall issue
        final regulations setting forth the determination of the
        Secretary made pursuant to subparagraph (A). Such regulations
        shall apply to all loads operating on the National Highway
        System. A State may establish other requirements not
        inconsistent with such regulations.
    ``(j) Statement of Policy.--The policy of this title is to promote
conformity with the Interstate weight limits for the benefit and safety
of all motorists.
    ``(k) Interstate Weight Limits Defined.--For purposes of
subsections (h), (i), and (j), the term `Interstate weight limits'
means the 80,000 pound gross vehicle weight limitation, the 20,000
pound single axle weight limitation (including enforcement tolerances),
the 34,000 pound tandem axle weight limitation (including enforcement
tolerances), and the overall maximum gross weight (including
enforcement tolerances) on a group of 2 or more consecutive axles
produced by application of the Bridge Formula B in subsection (a).''.

SEC. 5. WEIGHT LIMITATIONS.

    (a) In General.--Title 23, United States Code, is amended by
inserting after section 127 the following:
``Sec. 127a. Gross vehicle weight and axle loading limitations on non-
              Interstate highways on the National Highway System
    ``(a) Non-Interstate Highways on NHS.--The gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highway on the National Highway
System in existence on the date of the enactment of this section, shall
be the gross vehicle weight and axle loading limitations (including
enforcement tolerances) set by State statute as of January 1, 1997, on
the non-Interstate highway on the National Highway System in the State
in which such non-Interstate highway is located, except as provided by
subsection (c). The gross vehicle weight limitations and axle loading
limitations applicable to all vehicles and combinations on any segment
of any non-Interstate highway on the National Highway System not in
existence on the date of the enactment of this section, shall be the
Interstate weight limits.
    ``(b) Proceeding To Publish List of State Limitations.--The
Secretary shall initiate a proceeding to determine and publish a list
of the States' gross vehicle weight limitations and axle loading
limitations as of January 1, 1997, applicable to non-Interstate
highways on the National Highway System. The Secretary shall publish a
final list not later than 180 days after the date of the enactment of
this section.
    ``(c) Proceeding To Publish List of Nonconforming Operations.--The
Secretary shall initiate a proceeding to determine and publish a list
of operations not in conformance with State gross vehicle weight
limitations and axle loading limitations applicable to all vehicles and
combinations on any non-Interstate highways on the National Highway
System in existence on the date of the enactment of this section, of
such State before January 1, 1997, and which were in actual and lawful
operation on a regular or periodic basis (including seasonal
operations) before January 1, 1997. The Secretary shall publish a final
list of such operations not later than 180 days after the date of the
enactment of this section. No operation of any vehicle or combination
shall be on the Secretary's list on the basis that a State law or
regulation could have authorized such operations at some prior date, by
permit or otherwise.
    ``(d) Applicability of Existing Requirements.--All vehicles or
combinations included on the Secretary's list provided for in
subsection (c) shall be subject to all routing-specific, commodity-
specific, and weight-specific designations in force in a State on
December 31, 1996.
    ``(e) Applicability.--The limitations established by subsection (a)
shall apply to any new designations made to the National Highway System
and remain in effect on those non-Interstate highways that cease to be
designated as part of the National Highway System.
    ``(f) Limitation on Statutory Construction.--Nothing in this
section shall be construed to prevent any State from reducing the
State's gross vehicle weight limitation or the State's single or tandem
axle weight limitations on any existing non-Interstate highway on the
National Highway System.
    ``(g) Interstate Weight Limits Defined.--For purposes of this
section, the term `Interstate weight limits' means the 80,000 pound
gross vehicle weight limitation, the 20,000 pound single axle weight
limitation (including enforcement tolerances), and the 34,000 pound
tandem axle weight limitation (including enforcement tolerances).''.
    (b) Enforcement of Requirements.--Section 141(a) of such title is
amended by striking ``section 127(d)'' and inserting ``sections 127 and
127a''.
    (c) Conforming Chapter Analysis Amendment.--The analysis for
chapter 1 of such title is amended by inserting after the item relating
to section 127 the following:

``127a. Gross vehicle weight and axle loading limitations on non-
                            Interstate highways on the National Highway
                            System.''.

Summary: Safe Highways and Infrastructure Preservation Act of 1997 - Amends the Surface Transportation Assistance Act of 1982 to revise length limitations on federally-assisted highways to prohibit States from allowing the operation on highways of the Interstate System and the National Highway System of any trailer, semi-trailer, container, or other cargo-carrying unit that is longer than 53 feet, with specified exceptions. Amends Federal highway law to terminate all current State (grandfathered) exceptions to Interstate vehicle weight limits, unless the vehicle or combination involved is on a list of vehicles and combinations which could be lawfully operated in the State on July 1, 1956. Directs the Secretary of Transportation to issue regulations, in order to promote conformity with Interstate weight limits for the safety of all motorists, defining the term vehicles and loads which cannot be easily dismantled or divided , which shall apply to all loads operating on the National Highway System. Sets forth gross vehicle weight and axle loading limits on non-Interstate highways on the National Highway System.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Just and Lasting Peace in Sudan Act
of 2008''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Foreign Affairs of the House of Representatives and the
        Committee on Foreign Relations of the Senate.
            (2) Government of sudan.--The term ``Government of Sudan''
        means Sudan's Government of National Unity. Such term does not
        include the Government of Southern Sudan (GOSS).
            (3) SPLM.--The term ``SPLM'' means the Sudan People's
        Liberation Movement.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) The United States Government rightfully declared the
        atrocities in the Darfur region of Sudan to be genocide. More
        than 450,000 people have been killed and an estimated 2,500,000
        people have been displaced since the crisis erupted in 2003.
            (2) The Government of Sudan continues to commit atrocities
        against innocent civilians in Darfur. According to a March 25,
        2008, report by the United Nations Secretary-General,
        ``increased hostilities in Western Darfur over the reporting
        period have led to significant displacement and loss of
        civilian life, while also inhibiting humanitarian access to
        civilian populations affected by the fighting''.
            (3) In October 2007, the Government of Southern Sudan
        suspended the participation of its ministers, state ministers,
        and presidential advisors from Sudan's Government of National
        Unity to protest measures taken by the National Congress Party
        and to demand full implementation of the Comprehensive Peace
        Agreement (CPA).
            (4) Implementation of the CPA by the Government of National
        Unity has been selective and at times deliberately slow. The
        Government of Sudan has not yet implemented the Abyei Boundary
        Commission (ABC) recommendations. The ABC was mandated to
        ``define and demarcate'' the area known as the 9 Ngok Dinka
        Chiefdoms transferred in 1905 to Kordofan in North Sudan.
            (5) The ABC was chaired by former United States Ambassador
        to Sudan Donald Peterson, with active international engagement.
        In July 2005, the ABC submitted its final report to the Sudan's
        presidency. According to the CPA, ``upon presentation of the
        final report, the Presidency shall take necessary action to put
        the special administration status of Abyei Area into immediate
        effect''.
            (6) According to a September 2007 report by the United
        Nations Secretary-General, the lack of administration in Abyei
        has hampered CPA activities and left gaps in policing, public
        sanitation, and health services. Continued intransigence on
        this issue is likely to lead to war.
            (7) The Government of Sudan is well known to signing peace
        agreements and make commitments but has consistently failed to
        honor these agreements.
            (8) Efforts to hold individuals accountable for the
        genocide in Darfur have not been successful in large part
        because the Government of Sudan refuses to cooperate with the
        International Criminal Court (ICC) and protects indicted
        individuals by the ICC.
            (9) In April 2008, Special Envoy Richard Williamson and a
        Government of Sudan delegation led by Nafi Ali Nafi, a man
        responsible for many of Sudan's international terror links and
        domestic atrocities, met in Rome to discuss normalization of
        relations between Sudan and the United States.
            (10) Nafi Ali Nafi was the security chief when Sudan gave
        safe haven to Osama bin Laden in the 1990s, a period when Bin
        Laden began to build his terror network. Nafi was also a key
        player in support of Gama'a Islamia, a group that tried to
        assassinate Egyptian President Hosni Mubarak. The weapons used
        in the assassination attempt were reportedly flown by Sudan
        Airways, and after the failed attempt, one of the assassins was
        flown to Sudan on Sudan Airways.

SEC. 4. CODIFICATION OF EXISTING SANCTIONS IN SUPPORT OF A JUST AND
              LASTING PEACE IN SUDAN.

    (a) In General.--Sanctions against the Government of Sudan that
were imposed pursuant to any provision of law, as in effect on the date
of the enactment of this Act, including sanctions against the
Government of Sudan that were imposed pursuant to any executive order
or other administrative action, shall remain in effect against the
Government of Sudan and shall not be lifted pursuant to such provisions
of law until the President certifies to the appropriate congressional
committees that the Government of Sudan has met the conditions
described in subsection (b) for a period of not less than one year.
    (b) Conditions Described.--The conditions referred to in subsection
(a) are the following:
            (1) The Government of Sudan fully implements the
        Comprehensive Peace Agreement (CPA) and the Darfur Peace
        Agreement (DPA).
            (2) The Abyei Boundary Commission (ABC) recommendations are
        implemented and oil revenue shares are paid retroactively.
            (3) The Government of Sudan hands over to the International
        Criminal Court (ICC) all indicted individuals without any
        delay.
            (4) The Government of Sudan ends its atrocities against
        innocent civilians in Darfur and other parts of Sudan.
            (5) The Government of Sudan allows the deployment of the
        United Nations African Union Mission in Darfur (UNAMID) forces
        and allows unhindered access to humanitarian workers.
            (6) The Government of Sudan ends its ties with known
        terrorist organizations and individuals.
            (7) Senior officials in the Government of Sudan are held
        accountable for crimes committed in the Nuba, South Sudan,
        Southern Blue Nile, and Eastern Sudan.
            (8) Senior officials in the Government of Sudan are held
        accountable for their support for Osama bin Laden and other
        terrorist groups.
    (c) Monitoring Mechanism.--The President of the United States shall
establish a mechanism to monitor and ensure that the Government of
Sudan is meeting the conditions described in subsection (b).
    (d) Sense of Congress.--It is the sense of Congress that the United
States Government should not normalize relations with the Government of
Sudan until the conditions described in subsection (b) have been
implemented for a period of not less than one year as described in
subsection (a).

Summary: Just and Lasting Peace in Sudan Act of 2008 - Prohibits sanctions imposed against the government of Sudan from being lifted until the President certifies to the appropriate congressional committees that the following conditions have been met for at least one year: (1) the government of Sudan (government) implements the Comprehensive Peace Agreement and the Darfur Peace Agreement. (2) the Abyei Boundary Commission recommendations are implemented and oil revenue shares are paid retroactively. (3) the government hands over to the International Criminal Court (ICC) all indicted individuals. (4) the government ends its atrocities against innocent civilians in Darfur and other parts of Sudan. (5) the government allows the deployment of United Nations African Union Mission in Darfur forces and allows unhindered access to humanitarian workers, (6) the government ends its terrorist ties. And (7) senior government officials are held accountable for crimes committed in the Nuba, South Sudan, Southern Blue Nile, and Eastern Sudan, and for their support for Osama bin Laden and other terrorist groups. Expresses the sense of Congress that the US government should not normalize relations with Sudan until such conditions have been implemented for at least one year.

To codify existing sanctions against the Government of Sudan until the Government of Sudan meets certain conditions relating to a just and lasting peace in Sudan.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vaccine Accessibility for Children
and Seniors Act of 2005'' or the ``VACS Act of 2005''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--The Congress finds as follows:
            (1) Vaccines represent one of the most significant public
        health advances in history. They have saved millions of lives
        and prevented millions of disabilities.
            (2) Vaccines are now available for preventing once common
        childhood diseases, such as polio, chicken pox, and measles,
        and for preventing diseases responsible for high rates of
        sickness and death among adults, including influenza,
        pneumonia, and hepatitis.
            (3) Vaccines reduce future medical costs and prevent the
        need for more expensive drugs. Vaccines not only provide a
        health benefit to the individual receiving the vaccine, they
        benefit others in the community by reducing their chances of
        exposure to a disease.
            (4) The threat of litigation, coupled with the high cost of
        manufacturing a vaccine, has forced many manufacturers to limit
        or cease production of life-saving vaccines.
            (5) In 1967, there were 26 companies in the United States
        making these vital vaccines. A litigation crisis in the 1980's
        drove many companies away from the vaccine business. Today,
        there are only 4 companies that make the vast majority of
        vaccines used in the United States, making the system fragile
        and limiting access to vaccines.
            (6) In October 2004, the Secretary of Health and Human
        Services announced a flu vaccine shortage in the United States.
        The Secretary indicated that the souring of the vaccine
        manufacturing marketplace was due, in part, to ``costly
        liability lawsuits''.
            (7) The Congress intervened in 1986 by creating a no-fault
        compensation system called the National Vaccine Injury
        Compensation Program, which was intended to lower the legal
        risk to vaccine manufacturers, encourage a stable supply of
        vaccine, and ensure that injured patients are rapidly and
        appropriately compensated.
            (8) Under the National Vaccine Injury Compensation Program,
        individuals who believe they have been injured by a vaccine may
        file a claim in the United States Court of Federal Claims. If
        found eligible, they can receive unlimited economic damages for
        medical expenses, rehabilitation expenses, and lost earnings,
        as well as pain and suffering damages subject to a $250,000
        cap. Over 1,800 claims have been paid totaling over
        $1,500,000,000 for vaccine-related injuries and complications
        under the National Vaccine Injury Compensation Program, with
        many awards amounting to more than $1,000,000 each, and some as
        high as $7,500,000.
            (9) Notwithstanding the intent of the National Vaccine
        Injury Compensation Program, vaccine companies still face
        significant and expensive litigation exposure, in part,
        because--
                    (A) the National Vaccine Injury Compensation
                Program allows all individuals to ``opt out'' of this
                system and pursue individual and class action lawsuits
                in State and Federal courts;
                    (B) trial attorneys continually seek to bypass the
                the Program and elect to go to trial by alleging that a
                particular vaccine is not covered under the Program, or
                that the Program does not apply to certain
                preservatives, components, or ingredients of any such
                vaccine; and
                    (C) the Program does not preclude an individual who
                is otherwise ineligible to file a claim under the
                Program (such as family members of injured individuals)
                from pursuing civil litigation.
            (10) To ensure that litigation involving federally approved
        vaccines is based on valid scientific evidence and does not
        undermine the Federal public health policy of creating and
        developing life saving vaccines, it is imperative that any
        litigation involving vaccines, and related preservatives,
        ingredients, and components, that takes place outside of the
        National Vaccine Injury Compensation Program shall take place
        exclusively in the district courts of the United States, where
        all procedures and expert testimony shall be subject to the
        rules and requirements set forth by the United States Supreme
        Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S.
        579, 113 S.Ct. 2786 (1993).
            (11) To ensure that injured patients with legitimate claims
        are more rapidly and fairly compensated by the National Vaccine
        Injury Compensation Program in a less adversarial manner so as
        to avoid the need for traditional civil litigation, it is
        imperative that the Secretary of Health and Human Services and
        the Attorney General of the United States, in consultation with
        the Advisory Commission on Childhood Vaccines, jointly study
        and submit a report to the Congress within one year regarding
        their recommendations.
    (b) Purposes.--The purposes of this Act are to--
            (1) establish reasonable legal reforms that will facilitate
        the manufacture of vital, life-saving vaccines;
            (2) establish certain legal rules and procedures to better
        assure that litigation involving federally approved vaccines is
        based on valid scientific evidence;
            (3) discourage frivolous litigation; and
            (4) ensure that injured patients are rapidly and fairly
        compensated in the appropriate forum.

SEC. 3. FEDERAL COURT REMEDY.

    Section 2122 of the Public Health Service Act (42 U.S.C 300aa-22)
is amended by striking subsection (a) and inserting the following:
    ``(a) Federal Cause of Action.--
            ``(1) In general.--There shall exist a Federal cause of
        action for claims arising from a vaccine-related injury or
        death associated with the administration of a vaccine after
        October 1, 1988. The substantive law for decision in any such
        action shall be derived from this section and, unless
        inconsistent with or preempted by Federal law, from the law,
        including choice of law principles, of the State in which such
        vaccine was administered. Except for a proceeding for
        compensation under the National Vaccine Injury Compensation
        Program, the cause of action established by this paragraph
        shall constitute the exclusive cause of action or remedy for
        any vaccine-related injury or death associated with the
        administration of a vaccine after October 1, 1988, including
        any related injury or loss sustained by any person (including
        any relative or other third party).
            ``(2) Jurisdiction.--Except for a proceeding in the United
        States Court of Federal Claims pursuant to section 2112, the
        district courts of the United States shall have original and
        exclusive jurisdiction over all actions for damages arising
        from a vaccine-related injury or death associated with the
        administration of a vaccine after October 1, 1988, including
        any related injury or loss sustained by any person (including
        any relative or other third party). If any civil action subject
        to this section is brought or is pending in a State court, and
        the action is not dismissed by the State court, the action may
        be removed at any time before final judgment by any defendant
        to the district court of the United States for the district and
        division embracing the place where such action is pending. An
        order remanding an action removed pursuant to this subsection
        is an appealable order. Except as provided herein, the removal
        of any such action shall proceed in accordance with sections
        1446 through 1451 of title 28, United States Code.
            ``(3) State actions.--All State causes of action for
        damages arising from, or equitable relief relating to, a
        vaccine-related injury or death associated with a vaccine
        administered after October 1, 1988, including for any related
        injury or loss sustained by any person (including any relative
        or other third party) are hereby preempted.
            ``(4) Vaccine defined.--For purposes of this section, the
        term `vaccine' includes any preservative, ingredient, or
        component of a vaccine.''.

SEC. 4. SANCTIONS FOR FRIVOLOUS VACCINE LITIGATION; 3-STRIKES RULE FOR
              SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11
              VIOLATIONS.

    (a) Mandatory Suspension.--Whenever a district court of the United
States in connection with an action for damages arising from a vaccine-
related injury or death associated with a vaccine administered after
October 1, 1988 (in this section referred to as a ``vaccine suit''),
determines that an attorney has violated Rule 11 of the Federal Rules
of Civil Procedure, the court shall determine the number of times that
the attorney has violated that rule in connection with a vaccine suit
in that district court during that attorney's career. If the court
determines that the number is 3 or more, the district court of the
United States--
            (1) shall suspend that attorney from the practice of law in
        that district court for 1 year; and
            (2) may suspend that attorney from the practice of law in
        that district court for any additional period that the court
        considers appropriate.
    (b) Appeal; Stay.--An attorney has the right to appeal a suspension
under subsection (a). While such an appeal is pending, the suspension
shall be stayed.
    (c) Reinstatement.--To be reinstated to the practice of law in a
district court of the United States after completion of a suspension
under subsection (a), the attorney must first petition the court for
reinstatement under such procedures and conditions as the court may
prescribe.

SEC. 5. TRIAL PROCEDURE.

    (a) In General.--Section 2123 of the Public Health Service Act (42
U.S.C. 300aa-23) is amended--
            (1) in subsection (a)--
                    (A) by striking ``three'' and inserting ``four'';
                and
                    (B) by inserting ``, including any related injury
                or loss sustained by any person (including any relative
                or other third party),'' after ``the effective date of
                this part'';
            (2) by redesignating subsections (b), (c), (d) and (e) as
        subsections (c), (d), (e) and (f);
            (3) by inserting after subsection (a) the following:
    ``(b) Causation in Fact.--The first stage of such civil action
shall be held to determine whether competent and reliable scientific
evidence demonstrates that the plaintiff's alleged vaccine-related
injury or death was caused in fact by the vaccine.'';
            (4) in subsection (c) (as so redesignated), by striking
        ``The first'' and inserting ``If the trier of fact finds that
        the alleged vaccine-related injury or death was caused in fact
        by the vaccine, a second'';
            (5) in subsection (d) (as so redesignated), by striking
        ``second'' and inserting ``third''; and
            (6) in subsection (e) (as so redesignated), by striking
        ``third'' and inserting ``fourth''.
    (b) Conforming Amendment.--Subparagraph (A) of section 2122(b)(2)
of the Public Health Service Act (42 U.S.C. 300aa-22) is amended by
striking ``2123(d)(2)'' and inserting ``2123(e)(2)''.

SEC. 6. TRANSITION RULES.

    (a) Notice.--If on the date of the enactment of this Act, any State
law claim for damages arising from, or equitable relief relating to, a
vaccine-related injury or death associated with a vaccine administered
after October 1, 1988, including any related injury or loss sustained
by any person (including any relative or other third party), is pending
in any State or Federal court prior to the entry of final judgment, the
plaintiff may, within 30 days of such date of enactment, file a notice
with the court in which the claim is pending electing to treat the
State law claim as a Federal law claim arising under section 2122 of
the Public Health Service Act, as amended by section 3, and subject to
the amendments made by this Act.
    (b) Failure to File Notice.--If no notice is filed for a claim
described in subsection (a) within the 30-day period described in such
subsection, and the claim is pending in State court, the claim shall be
dismissed with prejudice.
    (c) Notice Filed.--If a notice is filed for a claim described in
subsection (a) within such 30-day period described in such subsection,
and the claim is pending in State court prior to the entry of final
judgment, any plaintiff or defendant may remove the action to the
district court of the United States for the district and division
embracing the place where such action is pending by filing a notice of
removal signed pursuant to Rule 11 of the Federal Rules of Civil
Procedure and containing a short and plain statement of the grounds for
removal, together with a copy of all process, pleadings, and orders
served or previously filed in such action. Promptly after the filing of
such notice of removal, the removing party shall give written notice
thereof to all other parties and shall file a copy of the notice with
the clerk of such State court, which shall effect the removal, and the
State court shall proceed no further unless the case is remanded. An
order remanding an action removed pursuant to this subsection is an
appealable order. Except as provided herein, the removal of any such
action shall proceed in accordance with sections 1446 through 1451 of
title 28, United States Code. If a case is not properly removed within
40 days of the date of the enactment of this Act, any claim subject to
subsection (a) that remains pending in State court or that is remanded
to State court shall be promptly dismissed with prejudice.

SEC. 7. STUDY AND REPORT.

    (a) Findings.--The Congress finds as follows:
            (1) The Congress intended the National Vaccine Injury
        Compensation Program to be a flexible, no-fault, less
        adversarial system to handle claims in a quick, easy, and
        generous manner so as to avoid the need the for civil
        litigation, and to avoid the rancor and substantial delays
        often associated with traditional litigation.
            (2) Although the National Vaccine Injury Compensation
        Program maintains it has an excellent record of promptly and
        appropriately compensating valid claims, recent reports of some
        individuals seeking compensation under the Program allege that
        some legitimate claims have taken 5 to 10 years to resolve, the
        process has become more adversarial, the Program has made
        claims harder to prove, and the process has drifted toward
        full-blown litigation and away from Congress' intent as a
        positive alternative to tort litigation.
    (b) Study.--After considering the findings in subsection (a), and
after consulting with the Advisory Commission on Childhood Vaccines,
the Secretary of Health and Human Services and the Attorney General of
the United States shall, not later than 1 year after the date of the
enactment of this Act, jointly submit a report to the appropriate
committees of the Congress concerning their recommendations to ensure
that injured patients with legitimate claims are rapidly and
appropriately compensated in a less adversarial manner.

Summary: Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program . Preempts all State actions for damages arising from such an injury or death. Defines vaccine to include any preservative, ingredient, or component of a vaccine. Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate. Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine. Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases. Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner.

To establish reasonable legal reforms that will facilitate the manufacture of vital, life-saving vaccines, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane and Tornado Mitigation
Investment Act of 2007''.

SEC. 2. NONREFUNDABLE PERSONAL CREDIT FOR HURRICANE AND TORNADO
              MITIGATION PROPERTY.

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

``SEC. 25E. HURRICANE AND TORNADO MITIGATION PROPERTY.

    ``(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 25 percent of the qualified
hurricane and tornado mitigation property expenditures made by the
taxpayer during such taxable year.
    ``(b) Maximum Credit.--The credit allowed under subsection (a) for
any taxable year shall not exceed $5,000.
    ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For
purposes of this section--
            ``(1) In general.--The term `qualified hurricane and
        tornado mitigation property expenditure' means an expenditure
        for property--
                    ``(A) to improve the strength of a roof deck
                attachment,
                    ``(B) to create a secondary water barrier to
                prevent water intrusion,
                    ``(C) to improve the durability of a roof covering,
                    ``(D) to brace gable-end walls,
                    ``(E) to reinforce the connection between a roof
                and supporting wall,
                    ``(F) to protect openings from penetration by
                windborne debris, or
                    ``(G) to protect exterior doors and garages,
        in a qualified dwelling unit located in a qualified State and
        owned by the taxpayer.
            ``(2) Qualified dwelling unit.--The term `qualified
        dwelling unit' means a dwelling unit that is assessed at a
        value that is less than $1,000,000 by the locality in which
        such dwelling unit is located and with respect to the taxable
        year for which the credit described in subsection (a) is
        allowed.
            ``(3) Qualified state.--The term `qualified State' means
        Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida,
        Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
        Louisiana, Maine, Maryland, Massachusetts, Minnesota,
        Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New
        York, North Carolina, Ohio, Pennsylvania, Rhode Island, South
        Carolina, South Dakota, Tennessee, Texas, or Virginia.
    ``(d) Limitation.--An expenditure shall be taken into account in
determining the qualified hurricane and tornado mitigation property
expenditures made by the taxpayer during the taxable year only if the
onsite preparation, assembly, or original installation of the property
with respect to which such expenditure is made has been completed in a
manner that is deemed to be adequate by a State-certified inspector.
    ``(e) Labor Costs.--For purposes of this section, expenditures for
labor costs properly allocable to the onsite preparation, assembly, or
original installation of the property described in subsection (c) shall
be taken into account in determining the qualified hurricane and
tornado mitigation property expenditures made by the taxpayer during
the taxable year.
    ``(f) Inspection Costs.--For purposes of this section, expenditures
for inspection costs properly allocable to the inspection of the
preparation, assembly, or installation of the property described in
subsection (c) shall be taken into account in determining the qualified
hurricane and tornado mitigation property expenditures made by the
taxpayer during the taxable year.''.
    (b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:

``Sec. 25E. Hurricane and tornado mitigation property.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

SEC. 3. BUSINESS RELATED CREDIT FOR HURRICANE AND TORNADO MITIGATION.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 45N the following new section:

``SEC. 45O. HURRICANE AND TORNADO MITIGATION CREDIT.

    ``(a) General Rule.--For purposes of section 38, the hurricane and
tornado mitigation credit determined under this section for any taxable
year is an amount equal to 25 percent of the qualified hurricane and
tornado mitigation property expenditures made by the taxpayer during
the taxable year.
    ``(b) Maximum Credit.--The amount of the credit determined under
subsection (a) for any taxable year shall not exceed $5,000.
    ``(c) Qualified Hurricane and Tornado Mitigation Expenditure.--For
purposes of this section--
            ``(1) In general.--The term `qualified hurricane and
        tornado mitigation property expenditure' means an expenditure
        for property--
                    ``(A) to improve the strength of a roof deck
                attachment,
                    ``(B) to create a secondary water barrier to
                prevent water intrusion,
                    ``(C) to improve the durability of a roof covering,
                    ``(D) to brace gable-end walls,
                    ``(E) to reinforce the connection between a roof
                and supporting wall,
                    ``(F) to protect openings from penetration by
                windborne debris, or
                    ``(G) to protect exterior doors and garages,
        in a qualified place of business located in a qualified State
        and owned by the taxpayer.
            ``(2) Qualified place of business.--The term `qualified
        place of business' means a place of business that is assessed
        at a value that is less than $5,000,000 by the locality in
        which such business is located and with respect to the taxable
        year for which the credit described in subsection (a) is
        allowed.
            ``(3) Qualified state.--The term `qualified State' means
        Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida,
        Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
        Louisiana, Maine, Maryland, Massachusetts, Minnesota,
        Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New
        York, North Carolina, Ohio, Pennsylvania, Rhode Island, South
        Carolina, South Dakota, Tennessee, Texas, or Virginia.
    ``(d) Limitation.--An expenditure shall be taken into account in
determining the qualified hurricane and tornado mitigation property
expenditures made by the taxpayer during the taxable year only if the
onsite preparation, assembly, or original installation of the property
with respect to which such expenditure is made has been completed in a
manner that is deemed to be adequate by a State-certified inspector.
    ``(e) Labor Costs.--For purposes of this section, expenditures for
labor costs properly allocable to the onsite preparation, assembly, or
original installation of the property described in subsection (c) shall
be taken into account in determining the qualified hurricane and
tornado mitigation property expenditures made by the taxpayer during
the taxable year.
    ``(f) Inspection Costs.--For purposes of this section, expenditures
for inspection costs properly allocable to the inspection of the
preparation, assembly, or installation of the property described in
subsection (c) shall be taken into account in determining the qualified
hurricane and tornado mitigation property expenditures made by the
taxpayer during the taxable year.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended by striking
        ``plus'' at the end of paragraph (30), by striking the period
        at the end of paragraph (31) and inserting ``, and'', and by
        adding at the end the following new paragraph:
            ``(32) the hurricane and tornado mitigation credit
        determined under section 45O(a).''.
            (2) The table of sections for subpart D of part IV of
        subchapter A of chapter 1 of such Code is amended by inserting
        after the item relating to section 45N the following new item:

``Sec. 45O. Hurricane and tornado mitigation credit.''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.

Summary: Hurricane and Tornado Mitigation Investment Act of 2007 - Amends the Internal Revenue Code to allow individual and business taxpayers in certain states a tax credit for 25 of their qualified hurricane and tornado mitigation property expenditures up to $5,000 for any taxable year. Defines such expenditures as expenditures in a dwelling unit to improve the strength of a roof deck attachment, create a secondary water barrier, improve the durability of a roof covering, brace gable-end walls, reinforce the connections between a roof and supporting wall, protect against windborne debris, or protect exterior doors and garages.

To amend the Internal Revenue Code of 1986 to provide a credit against tax for hurricane and tornado mitigation expenditures.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flexible Refinancing for American
Families Act of 2012''.

SEC. 2. AFFORDABLE 50-YEAR REFINANCING OF MORTGAGES OWNED OR GUARANTEED
              BY FANNIE MAE AND FREDDIE MAC.

    (a) Authority.--The Federal National Mortgage Association and the
Federal Home Loan Mortgage Corporation shall each carry out a program
under this section to provide for the refinancing of qualified
mortgages on single-family housing owned by such enterprise through a
refinancing mortgage having a 50-year term, and for the purchase of and
securitization of such refinancing mortgages, in accordance with this
section and policies and procedures that the Director of the Federal
Housing Finance Agency shall establish. Such program shall require such
refinancing of a qualified mortgage upon the request of the mortgagor
made to the applicable enterprise and a determination by the enterprise
that the mortgage is a qualified mortgage.
    (b) Qualified Mortgage.--For purposes of this section, the term
``qualified mortgage'' means a mortgage, without regard to whether the
mortgagor is current on or in default on payments due under the
mortgage, that--
            (1) is an existing first mortgage that was made for
        purchase of, or refinancing another first mortgage on, a one-
        to four-family dwelling, including a condominium or a share in
        a cooperative ownership housing association, that is occupied
        by the mortgagor as the principal residence of the mortgagor;
            (2) is owned or guaranteed by the Federal National Mortgage
        Association or the Federal Home Loan Mortgage Corporation; and
            (3) was originated on or before the date of the enactment
        of this Act.
    (c) Refinancing Mortgage.--For purposes of this section, the term
``refinancing mortgage'' means a mortgage that meets the following
requirements:
            (1) Refinancing of qualified mortgage.--The principal loan
        amount repayment of which is secured by the mortgage shall be
        used to satisfy all indebtedness under an existing qualified
        mortgage.
            (2) Single-family housing.--The property that is subject to
        the mortgage shall be the same property that is subject to the
        qualified mortgage being refinanced.
            (3) 50-year term with 30-year call option.--The mortgage
        shall have a term to maturity of 50 years from the date of the
        beginning of the amortization of the mortgage and shall fully
        amortize over such term, except that the mortgagee may, at the
        sole option of the mortgagee, require payment in full of all
        amounts of principal and interest owed under the mortgage on
        the date that is 30 years after the date of the beginning of
        the amortization of the mortgage, but only if the mortgagee
        provides written notice to the mortgagor of such acceleration
        of indebtedness not fewer than 90 days in advance of such
        acceleration.
            (4) Interest rate.--The mortgage shall bear interest at a
        single rate that is fixed for the entire term of the mortgage,
        which shall be equivalent to the premium received by the
        enterprise on the qualified mortgage being refinanced plus the
        cost of selling a newly issued mortgage having comparable risk
        and term to maturity in a mortgage-backed security, as such
        rate may be increased to the extent necessary to cover, over
        the term to maturity of the mortgage, any fee paid to the
        servicer pursuant to subsection (d), the cost of any title
        insurance coverage issued in connection with the mortgage, and,
        as determined by the Director, a portion of any administrative
        costs of the program under this section as may attributable to
        the mortgage.
            (5) Waiver of prepayment penalties.--All penalties for
        prepayment or refinancing of the qualified mortgage that is
        refinanced by the mortgage, and all fees and penalties related
        to the default or delinquency on such mortgage, shall have been
        waived or forgiven.
            (6) Prohibition on borrower fees.--The servicer conducting
        the refinancing shall not charge the mortgagor any fee for the
        refinancing of the qualified mortgage through the refinancing
        mortgage.
            (7) Title insurance.--The fee for title insurance coverage
        issued in connection with the mortgage shall be reasonable in
        comparison with fees for such coverage available in the market
        for mortgages having similar terms.
    (d) Fee to Servicer.--For each qualified mortgage of an enterprise
that the servicer of the qualified mortgage refinances through a
refinancing mortgage pursuant to this section, the enterprise shall pay
the servicer a fee not exceeding $1,000.
    (e) No Appraisal.--The enterprises may not require an appraisal of
the property subject to a refinancing mortgage to be conducted in
connection with such refinancing.
    (f) Termination.--The requirement under subsection (a) for the
enterprises to refinance qualified mortgages shall not apply to any
request for refinancing made after the expiration of the one-year
period beginning on the date of the enactment of this Act.
    (g) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Director.--The term ``Director'' means the Director of
        the Federal Housing Finance Agency.
            (2) Enterprise.--The term ``enterprise'' means the Federal
        National Mortgage Association and the Federal Home Loan
        Mortgage Corporation.
    (h) Regulations.--The Director shall issue any regulations or
guidance necessary to carry out the program under this section.

Summary: Flexible Refinancing for American Families Act of 2012 - Directs the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation each to carry out a one-year program providing for the refinancing of qualified single-family housing mortgages it owns through a refinancing mortgage having a 50-year term in accordance with this Act and the policies and procedures that the Director of the Federal Housing Finance Agency shall establish. Permits the mortgagee, however, upon written 90-day advance notice to the mortgagor, to require payment in full of a 50-year mortgage only 30 years after the beginning of its amortization. Defines a qualified mortgage as one, regardless of whether the mortgagor is current on payments due or in default, that: (1) is an existing first mortgage for purchase of, or refinancing another first mortgage on, a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association, that is occupied by the mortgagor as principal residence, (2) is owned or guaranteed by the particular GSE. And (3) was originated on or before enactment of this Act. Specifies the terms and conditions of a refinancing mortgage, including a 50-year term to maturity and a prohibition on borrower fees. Requires waiver or forgiveness of all fees and penalties related to any default or delinquency on the original mortgage. Requires a GSE to pay a fee of up to $1,000 to the servicer of a qualified mortgage refinance. Prohibits any requirement of a property appraisal.

To prevent foreclosure of home mortgages and provide for the affordable refinancing of mortgages held by Fannie Mae and Freddie Mac through mortgages having 50-year terms to maturity.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Long Island Sound Stewardship Act of
2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) Long Island Sound is a national treasure of great
        cultural, environmental, and ecological importance;
            (2) 8,000,000 people live within the Long Island Sound
        watershed and 28,000,000 people (approximately 10 percent of
        the population of the United States) live within 50 miles of
        Long Island Sound;
            (3) activities that depend on the environmental health of
        Long Island Sound contribute more than $5,000,000,000 each year
        to the regional economy;
            (4) the portion of the shoreline of Long Island Sound that
        is accessible to the general public (estimated at less than 20
        percent of the total shoreline) is not adequate to serve the
        needs of the people living in the area;
            (5) existing shoreline facilities are in many cases
        overburdened and underfunded;
            (6) large parcels of open space already in public ownership
        are strained by the effort to balance the demand for recreation
        with the needs of sensitive natural resources;
            (7) approximately \1/3\ of the tidal marshes of Long Island
        Sound have been filled, and much of the remaining marshes have
        been ditched, dyked, or impounded, reducing the ecological
        value of the marshes; and
            (8) many of the remaining exemplary natural landscape is
        vulnerable to further development.
    (b) Purpose.--The purpose of this Act is to establish the Long
Island Sound Stewardship System to preserve areas of critical
importance because of the open space, public access, and ecological
value of the areas.

SEC. 3. DEFINITIONS.

     In this Act:
            (1) Committee.--The term ``Committee'' means the Long
        Island Sound Stewardship Coordinating Committee established by
        section 5(a).
            (2) Region.--The term ``Region'' means the Long Island
        Sound Stewardship System Region established by section 4(a).
            (3) States.--The term ``States'' means the States of
        Connecticut and New York.

SEC. 4. LONG ISLAND SOUND STEWARDSHIP SYSTEM REGION.

    (a) Establishment.--There is established in the States the Long
Island Sound Stewardship System Region.
    (b) Boundaries.--The Region shall encompass the immediate coastal
upland and underwater areas along Long Island Sound, including those
portions of the Sound with coastally influenced vegetation, as
described on the map entitled the ``Long Island Sound Stewardship
Region'' and dated April 21, 2004.

SEC. 5. LONG ISLAND SOUND STEWARDSHIP COORDINATING COMMITTEE.

    (a) Establishment.--There is established a committee to be known as
the ``Long Island Sound Stewardship Coordinating Committee''.
    (b) Chairperson.--The Chairperson of the Committee shall be the
Director of the Long Island Sound Office of the Environmental
Protection Agency, or designee.
    (c) Membership.--
            (1) Composition.--
                    (A) In general.--The chairperson shall appoint the
                members of the Committee in accordance with this
                subsection and section 320(c) of the Federal Water
                Pollution Control Act (33 U.S.C. 1330(c)).
                    (B) Representation.--The Committee shall--
                            (i) include equal representation of the
                        interests of the States; and
                            (ii) represent--
                                    (I) Federal, State, and local
                                government interests;
                                    (II) the interests of
                                nongovernmental organizations;
                                    (III) academic interests; and
                                    (IV) private interests.
            (2) Date of appointments.--The appointment of a member of
        the Committee shall be made not later than 180 days after the
        date of enactment of this Act.
    (d) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the
        Committee.
            (2) Vacancies.--A vacancy on the Committee--
                    (A) shall not affect the powers of the Committee;
                and
                    (B) shall be filled in the same manner as the
                original appointment was made.
    (e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Committee have been appointed, the Committee
shall hold the initial meeting of the Committee.
    (f) Meetings.--The Committee shall meet at the call of the
Chairperson, but not less than 4 times each year.
    (g) Quorum.--A majority of the members of the Committee shall
constitute a quorum, but a lesser number of members may hold hearings.

SEC. 6. DUTIES OF THE COMMITTEE.

    The Committee shall--
            (1) consistent with the guidelines described in section
        9(c)--
                    (A) establish specific criteria for the evaluation
                of applications for stewardship site designations; and
                    (B) evaluate and award or deny stewardship
                designation to applicants for that designation;
            (2) consistent with the guidelines described in section
        9(d)--
                    (A) evaluate applications from government or
                nonprofit organizations qualified to hold conservation
                easements for funds to purchase land or development
                rights for stewardship sites; and
                    (B) award funds to qualified applicants;
            (3) not later than 1 year after the date of enactment of
        this Act, develop and publish a management plan that--
                    (A) assesses the current resources of and threats
                to Long Island Sound;
                    (B) assesses the role of the Long Island Sound
                Stewardship System in protecting Long Island Sound;
                    (C) establishes--
                            (i) guidelines, schedules, and due dates
                        for applying for designation as a stewardship
                        site; and
                            (ii) specific criteria to be used in
                        evaluating stewardship site applications;
                    (D) includes information about any grants that are
                available for the purchase of land or property rights
                to protect stewardship sites;
                    (E) shall be made available to the public on the
                Internet and in hardcopy form; and
                    (F) shall be updated at least every other year,
                with information on applications for stewardship site
                designation and funding published more frequently; and
            (4) concurrent with the first management plan, publish a
        list of sites that the Committee considers most appropriate for
        designation as stewardship sites.

SEC. 7. POWERS OF THE COMMITTEE.

    (a) Hearings.--The Committee may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Committee considers advisable to carry out this Act.
    (b) Information From Federal Agencies.--
            (1) In general.--The Committee may secure directly from a
        Federal agency such information as the Committee considers
        necessary to carry out this Act.
            (2) Provision of information.--On request of the
        Chairperson of the Committee, the head of the agency shall
        provide the information to the Committee.
    (c) Postal Services.--The Committee may use the United States mails
in the same manner and under the same conditions as other agencies of
the Federal Government.
    (d) Gifts.--The Committee may accept, use, and dispose of gifts or
donations of services or property.

SEC. 8. COMMITTEE PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Committee who
        is not an officer or employee of the Federal Government shall
        be compensated at a rate equal to the daily equivalent of the
        annual rate of basic pay prescribed for level IV of the
        Executive Schedule under section 5315 of title 5, United States
        Code, for each day (including travel time) during which the
        member is engaged in the performance of the duties of the
        Committee.
            (2) Federal employees.--A member of the Committee who is an
        officer or employee of the Federal Government shall serve
        without compensation in addition to the compensation received
        for the services of the member as an officer or employee of the
        Federal Government.
    (b) Travel Expenses.--A member of the Committee shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Committee.
    (c) Staff.--
            (1) In general.--The Chairperson of the Committee may,
        without regard to the civil service laws (including
        regulations), appoint and terminate an executive director and
        such other additional personnel as are necessary to enable the
        Committee to perform the duties of the Committee.
            (2) Confirmation of executive director.--The employment of
        an executive director shall be subject to confirmation by the
        Committee.
            (3) Compensation.--
                    (A) In general.--Except as provided in subparagraph
                (B), the Chairperson of the Committee may fix the
                compensation of the executive director and other
                personnel without regard to the provisions of chapter
                51 and subchapter III of chapter 53 of title 5, United
                States Code, relating to classification of positions
                and General Schedule pay rates.
                    (B) Maximum rate of pay.--The rate of pay for the
                executive director and other personnel shall not exceed
                the rate payable for level V of the Executive Schedule
                under section 5316 of title 5, United States Code.
    (d) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may
        be detailed to the Committee without reimbursement.
            (2) Civil service status.--The detail of the employee shall
        be without interruption or loss of civil service status or
        privilege.
    (e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Committee may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.

SEC. 9. STEWARDSHIP SITES.

    (a) Definition of Qualifying Land.--In this section, the term
``qualifying land'' means land--
            (1) that is in the Region; and
            (2) that is--
                    (A) Federal, State, local, or tribal land;
                    (B) land owned by a nonprofit organization; or
                    (C) privately owned land.
    (b) Application for Designation.--Owners or other parties in
control of qualifying land may apply to the Committee to have the
qualifying land designated as a Long Island Sound stewardship site.
    (c) General Guidelines for Stewardship Site Designation.--
            (1) In general.--The Committee shall choose land to be
        designated as a stewardship site based on--
                    (A) the contribution of the land to open space on
                and public access to Long Island Sound; and
                    (B) the ecological value of the land.
            (2) Criteria.--In considering land described in
        applications submitted under subsection (b), the Committee
        shall consider--
                    (A) land cover;
                    (B) size;
                    (C) adjacency and connectivity to existing parks
                and open spaces;
                    (D) water quality;
                    (E) current or prospective recreational use;
                    (F) visitor demand;
                    (G) scenic quality;
                    (H) cultural resources;
                    (I) erosion and flood hazard prevention;
                    (J) environmental justice;
                    (K) fish and wildlife productivity;
                    (L) biodiversity;
                    (M) scientific value;
                    (N) water quality protection;
                    (O) habitat restoration characteristics;
                    (P) connectivity to other habitats that are vital
                to sustaining healthy living resources in the Long
                Island Sound watershed;
                    (Q) risk of development; and
                    (R) other criteria developed by the Committee under
                section 6(1)(A).
    (d) General Guidelines for Awarding Funds.--
            (1) In general.--The Committee shall award funds to
        qualified applicants to help to secure and improve the open
        space, public access, or ecological values of stewardship
        sites, through--
                    (A) purchase of the property of the site;
                    (B) purchase of relevant property rights of the
                site; or
                    (C) entering into any other binding legal
                arrangement that ensures that the values of the site
                are preserved.
            (2) Equitable distribution of funds.--The Committee shall
        exert due diligence to distribute funds equitably between the
        States.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
out this Act $40,000,000 for each fiscal year, to be allocated from the
national estuary program under section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330).
    (b) Allocation of Funds.--For each fiscal year--
            (1) not more than 15 percent of funds made available under
        subsection (a) shall be used to improve the facilities of
        stewardship sites; and
            (2) at least 85 percent of funds made available under
        subsection (a) shall be used to secure the values of
        stewardship sites.
    (c) Federal Share.--The Federal share of the cost of an activity
carried out using any assistance or grant under this Act shall not
exceed 75 percent of the total cost of the activity.

Summary: Long Island Sound Stewardship Act of 2004 - Establishes the Long Island Sound Stewardship System Region in Connecticut and New York. Establishes the Long Island Sound Stewardship Coordinating Committee to evaluate applications: (1) from owners or other controlling parties to have qualifying land within the Region designated as stewardship sites for purposes of awarding preservation funds. And (2) from government or nonprofit organizations qualified to hold conservation easements for funds to purchase land or development rights for stewardship sites. Requires the Committee to develop and publish a management plan that describes the current status of Long Island Sound, the Committee's role in protecting it, and details of the stewardship site designation program.

A bill to establish the Long Island Sound Stewardship System.