SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fusion Energy Research Authorization
Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) by the year 2050, the world will need to supply between
        2 and 3 times as much energy as is presently produced to meet
        minimum requirements for food, shelter, transportation, and
        economic security;
            (2) meeting the increased energy demands of the year 2050
        cannot be achieved without substantial environmental
        degradation unless there is a massive shift from dependence on
        the fossil fuels which today provide more than three-quarters
        of all energy supply;
            (3) a wide variety of nonfossil fuel energy technologies
        must be developed to meet the expected demand of the year 2050;
            (4) the Federal Government has a responsibility to fund
        research in energy technologies to help meet future expected
        energy demand where the technical or economic risks of
        developing such technologies are too high to be borne solely by
        the private sector;
            (5) despite the urgent need to develop a wide variety of
        nonfossil fuel energy technologies, the Federal Government's
        investment in all energy supply research and development
        (including fossil fuels) has declined in real terms by more
        than two-thirds in the last 14 years;
            (6) fusion energy is one of the nonfossil fuel technologies
        which could potentially provide safe, abundant, environmentally
        sound, secure, and affordable energy supplies in the future;
            (7) in the last 16 years, fusion energy researchers have
        made significant progress toward realizing magnetic fusion as a
        viable source of energy, increasing power production from test
        reactors more than a million-fold over that time period;
            (8) while significant engineering, technical, and
        scientific challenges remain to make fusion energy commercially
        viable, limited funding remains the primary constraint to more
        rapid progress;
            (9) the technical risks and the long time scale needed to
        demonstrate the commercial viability of fusion energy will
        likely require a stable, predictable, and sustained investment
        of government funding for decades to come;
            (10) while magnetic fusion is the leading fusion
        technology, research on alternative fusion concepts should
        continue to be supported;
            (11) opportunities to participate in international fusion
        experiments can dramatically lower the cost to the Federal
        Government of fusion energy research;
            (12) the United States must demonstrate that it is a
        credible partner in international scientific programs by being
        able to make and keep long-term commitments to funding and
        participation; and
            (13) the United States should commit to participating in
        the siting, construction, and operation of ITER as soon as
        practicable.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) provide direction and authorize appropriations for a
        broadly based fusion energy research program at the Department
        of Energy which includes development of the magnetic fusion
        program and research on alternative fusion concepts;
            (2) provide an accelerated commitment to United States
        participation in ITER and provide authorization of
        appropriations for such activity contingent on meeting program
        milestones;
            (3) provide for the selection of a host country and
        establish a site selection process for ITER; and
            (4) provide a stable basis of funding for multi-year fusion
        energy research facility construction commitments through the
        establishment of a trust fund.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``alternative fusion concepts'' means any
        concepts for the production of energy based on the fusing of
        atomic nuclei other than toroidal magnetic fusion concepts,
        including heavy ion inertial fusion, aneutronic fusion, and
        electrostatic fusion;
            (2) the term ``Department'' means the Department of Energy;
            (3) the term ``Fusion Energy Research Program'' means the
        program described in section 5;
            (4) the term ``international partners'' means the United
        States, the European Atomic Energy Community, Japan, and the
        Russian Federation;
            (5) the term ``ITER'' means the International Thermonuclear
        Experimental Reactor;
            (6) the term ``magnetic fusion'' means fusion based on
        toroidal confinement concepts;
            (7) the term ``Secretary'' means the Secretary of Energy;
        and
            (8) the term ``Tokamak Physics Experiment'' means a
        facility to replace the Tokamak Fusion Test Reactor which is
        designed to be capable of conducting experiments on reactions
        with a pulse length of at least 15 minutes and demonstrating a
        more compact and efficient magnetic fusion reactor design.

SEC. 5. FUSION ENERGY RESEARCH PROGRAM.

    (a) Fusion Program.--The Secretary shall carry out in accordance
with the provisions of this Act a Fusion Energy Research Program,
including research, development, and demonstration to demonstrate the
technical and economic feasibility of producing safe, environmentally
sound, and affordable energy from fusion.
    (b) Program Goals.--The goal of the Fusion Energy Research Program
is to demonstrate by the year 2010 the practicability of commercial
electric power production and to lead to commercial production of
fusion energy by the year 2040.
    (c) Program Elements.--The Fusion Energy Research Program shall
consist of the following elements:
            (1) Research, development, and demonstration on magnetic
        fusion energy technology, including--
                    (A) research on plasma physics and control,
                confinement, ignition, and burning;
                    (B) the design, construction, and operation of
                experimental fusion reactors, including the Tokamak
                Physics Experiment, and the development of special
                materials for such reactors, the facilities to develop
                such materials, and the development of components which
                support the operation of such reactors, such as
                diagnostic and remote maintenance equipment; and
                    (C) participation by the United States industrial
                sector in the design and construction of fusion
                reactors, and cooperation with utilities.
            (2) Research, development, and demonstration of alternative
        fusion concepts, to be administered through an Assistant
        Director for Alternative Fusion Research, including research
        and development needed to build and test an Induction Linac
        Systems Experiment for the purpose of developing heavy ion
        inertial fusion energy.
            (3) Participation in the design, construction, and
        operation of ITER with the goal of ITER becoming operational by
        the year 2005.

SEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.

    Within 6 months after the date of enactment of this Act, the
Secretary shall contract with the National Academy of Sciences to
conduct a study which examines the various magnetic fusion technologies
and alternative fusion concepts to assess their current state of
development, evaluates the potential of such technologies and concepts
to become commercially viable sources of energy in the future, and
identifies the research and development goals and priorities, and the
range of probable costs and time scales, needed to achieve commercial
viability.

SEC. 7. ITER SITE SELECTION PROCESS.

    (a) ITER Study and Report.--Within 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress a study
which compares the technical and scientific advantages and
disadvantages and the economic costs and benefits to the United States
of siting ITER in the United States with siting ITER outside of the
United States. Such study shall include the consideration of the impact
on employment of constructing ITER in the United States, the effect of
manufacturing major ITER subsystems (such as superconducting magnets)
in the United States, and the effect of siting ITER in the United
States on United States funding requirements for participation in ITER.
    (b) Host-Country Selection.--The Secretary shall seek to reach an
agreement with the international partners which provides for--
            (1) the selection of a host country in which to site ITER
        by October, 1995;
            (2) the equitable distribution of economic and
        technological benefits among the international partners,
        including the construction of ITER and related facilities and
        the manufacture of major ITER subsystems;
            (3) substantial United States industry and utility
        involvement in the design, construction, and operation of ITER
        to ensure United States industry and utility expertise in the
        technologies developed; and
            (4) a schedule to complete site-specific design activities
        by 1998.
    (c) United States Site Selection.--The Secretary shall--
            (1) immediately initiate a process for identifying
        candidate sites within the United States which meet the site
        requirements for the construction and operation of ITER; and
            (2) propose within 90 days after the date of enactment of
        this Act a process for selection of a site within the United
        States by June, 1996, if the United States is selected as the
        host country for ITER pursuant to the international agreement
        described in subsection (b).
    (d) Final Cost Estimate.--The Secretary shall provide to Congress
within 90 days following the completion of site-specific design
activities a detailed estimate of the final projected total cost and
cost to the United States of the construction and operation of ITER
based on final site-specific engineering and construction designs.

SEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS.

    (a) Contingency Plan.--Within 120 days after the date of enactment
of this Act, the Secretary shall submit to Congress a report on the
feasibility of conducting a parallel design effort on the Tokamak
Physics Experiment to augment the capabilities of the Tokamak Physics
Experiment in the event that an international agreement cannot be
reached on the site selection or construction of ITER.
    (b) Program Report.--Within 180 days after the date of enactment of
this Act, and biennially thereafter, the Secretary shall prepare and
submit to the Congress a report on the Fusion Energy Research Program
and the progress it has made in meeting the goals and requirements of
this Act.
    (c) Coordination With Defense Fusion Research Programs.--(1) The
Secretary shall, to the maximum extent practicable, coordinate the
research and development activities of the civilian Inertial Fusion
Energy Program and the defense Inertial Confinement Fusion Program to
maximize the benefits to both programs.
    (2) Within 120 days after the enactment of this Act, the Secretary,
in conjunction with the Secretary of Defense, shall submit a report to
Congress with recommendations for sharing budget and other resources in
order to enhance the civilian energy applications of the defense
Inertial Confinement Fusion Program.
    (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public
Law 102-486) is repealed.

SEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM.

    The Secretary shall combine the Nuclear Engineering Research and
Education Program, the University Research Reactor Program, and the
University Reactor Fuel Assistance Program to form a new University
Radiation Science and Technology Program to be included as a separate
and distinct part of the University and Science Education Program of
the Department.

SEC. 10. FUSION ENERGY FACILITY FUND.

    (a) Establishment of Fees.--The Secretary shall establish a fee,
payable by persons who sell electricity for ultimate consumption, at a
rate of 0.1 mills per kilowatt hour.
    (b) Collection.--The Secretary shall establish procedures for the
collection of such fees. The Secretary may use the services of any
Federal, State, or local agency or instrumentality to collect such
fees, and may reimburse such agency or instrumentality a reasonable
amount for such services.
    (c) Use of Funds.--Funds received under this section shall be
deposited in a separate account in the Treasury, and shall be used, to
the extent provided in advance in appropriation Acts, only for the
design, engineering, and construction of ITER, facilities related to
ITER (including a materials testing facility and a blanket testing
facility) and the Tokamak Physics Experiment.
    (d) Termination of Fees.--The authority to assess and collect fees
under this section shall expire at the earlier of--
            (1) the achievement of a balance in the account established
        under subsection (c) sufficient in the judgment of the
        Secretary to satisfy the obligations of the United States in
        the design, engineering, and construction described in
        subsection (c); or
            (2) the completion of ITER construction.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fusion Energy Research Program.--There are authorized to be
appropriated to the Secretary for carrying out the Fusion Energy
Research Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal
year 1996, $475,000,000 for fiscal year 1997, and such sums as may be
necessary thereafter.
    (b) Alternative Fusion Research.--From the sums authorized in
subsection (a), there are authorized to be appropriated to the
Secretary for carrying out the Alternative Fusion Research Program
under section 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000
for fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums
as may be necessary thereafter.
    (c) Tokamak Physics Experiment.--The total amount to be
appropriated for the complete design, development, and construction of
the Tokamak Physics Experiment shall not exceed $700,000,000.
    (d) University Radiation Science and Technology Program.--There are
authorized to be appropriated to the Secretary for carrying out the
University Radiation Science and Technology Program $25,000,000 for
fiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for
fiscal year 1997, and such sums as may be necessary thereafter.
    (e) Construction of ITER.--No funds are authorized for the
construction of ITER until the Secretary certifies to the Congress that
there is an international agreement that meets the requirements of
section 7(b), and until the report required under section 7(d) is
provided to Congress.
    (f) Limitation on Magnetic Fusion Facilities.--No funds are
authorized for the design, engineering, or construction of any magnetic
fusion facility other than ITER, facilities related to ITER (including
a materials testing facility and a blanket testing facility) and the
Tokamak Physics Experiment.

Summary: Fusion Energy Research Authorization Act of 1994 - Directs the Secretary of Energy to implement a Fusion Energy Research Program to demonstrate the technical and economic feasibility of producing safe, environmentally sound, and affordable energy from fusion. Prescribes program goals and elements. Directs the Secretary to contract with the National Academy of Sciences to review various magnetic fusion technologies and alternative fusion concepts with respect to their commercial viability. Instructs the Secretary to: (1) submit a comparisons study to the Congress regarding the siting of the International Thermonuclear Experimental Reactor (ITER). (2) seek to reach an agreement with international partners to select a host country for ITER. (3) initiate a process to identify candidate sites for ITER within the United States. And (4) provide within a certain time period a detailed estimate to the Congress of final ITER project costs. Directs the Secretary to submit reports to the Congress on: (1) a parallel design effort on the Tokamak Physics Experiment, (2) the Fusion Energy Research Program. And (3) resource sharing with the Secretary of Defense to enhance the civilian energy applications of the Defense Inertial Confinement Fusion Program. Repeals the five-year fusion energy program established under the Energy Policy Act of 1992. Directs the Secretary to form a new University Radiation Science and Technology Program comprised of: (1) the Nuclear Engineering Research and Education Program, (2) the University Research Reactor Program. And (3) the University Reactor Fuel Assistance Program. Directs the Secretary to establish a fee collection program for certain ITER purposes and the Tokamak Physics Experiment. Authorizes appropriations for: (1) the Alternative Fusion Research Program, (2) the Tokamak Physics Experiment. And (3) the University Radiation Science and Technology Program. Sets limitations upon funding for ITER construction and for magnetic fusion facilities.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Spectrum Incentive Act of
2013''.

SEC. 2. FEDERAL SPECTRUM INCENTIVES.

    (a) Notice to Commission.--
            (1) In general.--Section 113(g)(4) of the National
        Telecommunications and Information Administration Organization
        Act (47 U.S.C. 923(g)(4)) is amended--
                    (A) by striking the heading and inserting ``Notice
                to commission.--'';
                    (B) in the second sentence of subparagraph (A), by
                striking ``shall notify the Commission'' and all that
                follows and inserting the following: ``shall notify the
                Commission--
                            ``(i) of estimated relocation or sharing
                        costs and timelines for such relocation or
                        sharing; or
                            ``(ii) that, instead of relocation or
                        sharing costs under this subsection and section
                        118, a Federal entity will receive payment
                        under section 120 because such entity is--
                                    ``(I) discontinuing the operations
                                that the Federal entity conducts on
                                such eligible frequencies without
                                relocating such operations to other
                                frequencies; or
                                    ``(II) relocating such operations
                                to frequencies assigned to another
                                Federal entity in order for such
                                entities to share such frequencies.'';
                                and
                    (C) by adding at the end the following:
                    ``(D) This subsection and section 118 shall not
                apply with respect to the discontinuance of operations
                on eligible frequencies or the relocation of such
                operations by a Federal entity after the Commission
                receives notice under subparagraph (A)(ii) with respect
                to such discontinuance or relocation.''.
            (2) Conforming amendments.--Section 113(g) of the National
        Telecommunications and Information Administration Organization
        Act (47 U.S.C. 923(g)) is amended--
                    (A) in paragraph (3)(A)(iii)(I), by striking
                ``paragraph (4)(A)'' and inserting ``paragraph
                (4)(A)(i)'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (B), by striking
                        ``subparagraph (A)'' and inserting
                        ``subparagraph (A)(i)''; and
                            (ii) in subparagraph (C), by striking
                        ``subparagraphs (A) and (B)'' and inserting
                        ``subparagraphs (A)(i) and (B)''; and
                    (C) in paragraph (5), by striking ``paragraph
                (4)(A)'' and inserting ``paragraph (4)(A)(i)''.
    (b) Transition Plans.--Section 113(h) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(h)) is amended--
            (1) in the heading, by striking ``Relocation or Sharing'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Development of transition plan by federal entity.--
                    ``(A) In general.--Not later than 240 days before
                the commencement of any auction of eligible frequencies
                described in subsection (g)(2), a Federal entity
                authorized to use any such frequency shall submit to
                the NTIA and to the Technical Panel established by
                paragraph (3) a transition plan in which the Federal
                entity--
                            ``(i) declares the intention of such
                        entity--
                                    ``(I) to share such eligible
                                frequencies with a non-Federal user or
                                to relocate to other frequencies, and
                                to receive relocation or sharing costs
                                from the Spectrum Relocation Fund
                                established by section 118; or
                                    ``(II) to discontinue the
                                operations that the Federal entity
                                conducts on such eligible frequencies
                                without relocating such operations to
                                other frequencies or to relocate such
                                operations to frequencies assigned to
                                another Federal entity in order for
                                such entities to share such
                                frequencies, and to receive payment
                                from the Federal Spectrum Incentive
                                Fund established by section 120; and
                            ``(ii) describes how the entity will
                        implement the relocation, sharing, or
                        discontinuance arrangement.
                    ``(B) Common format.--The NTIA shall specify, after
                public input, a common format for all Federal entities
                to follow in preparing transition plans under this
                paragraph.'';
            (3) in paragraph (2)--
                    (A) in subparagraph (D), by inserting ``, to
                discontinue such use,'' after ``from such
                frequencies'';
                    (B) in subparagraph (F), by inserting ``,
                discontinuance,'' after ``relocation''; and
                    (C) in subparagraph (G), by striking ``The plans''
                and inserting ``To the extent applicable given the
                intention declared by the entity under paragraph
                (1)(A)(i), the plans'';
            (4) in paragraph (4)(A), by inserting ``(if applicable)''
        after ``timelines and'';
            (5) in paragraph (6)--
                    (A) by inserting ``(if applicable)'' after
                ``costs''; and
                    (B) by inserting ``, discontinuance,'' after
                ``relocation'' the second place it appears; and
            (6) in paragraph (7)(A)(ii), by inserting ``,
        discontinuance,'' after ``relocation''.
    (c) Relocation or Discontinuance Prioritized Over Sharing.--Section
113(j) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(j)) is amended--
            (1) in the heading, by inserting ``or Discontinuance''
        after ``Relocation''; and
            (2) by inserting ``or discontinuance of the operations that
        the Federal entity conducts on the band'' after ``from the
        band'' each place it appears.
    (d) Deposit of Auction Proceeds.--Section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
            (1) in subparagraph (C)(i), by striking ``(D)(ii)'' and
        inserting ``(D)(ii), (D)(iii)''; and
            (2) in subparagraph (D)--
                    (A) in clause (i), by striking ``clause (ii)'' and
                inserting ``clauses (ii) and (iii)''; and
                    (B) by adding at the end the following:
                            ``(iii) Federal spectrum incentives.--
                        Notwithstanding subparagraph (A) and except as
                        provided in subparagraph (B) and clause (ii) of
                        this subparagraph, in the case of proceeds
                        (including deposits and upfront payments from
                        successful bidders) attributable to the auction
                        of eligible frequencies described in section
                        113(g)(2) of the National Telecommunications
                        and Information Administration Organization Act
                        with respect to which the Commission has
                        received notice under section 113(g)(4)(A)(ii)
                        of such Act, 1 percent of such proceeds shall
                        be deposited in the Federal Spectrum Incentive
                        Fund established by section 120 of such Act and
                        shall be available in accordance with such
                        section. The remainder of such proceeds shall
                        be deposited in the general fund of the
                        Treasury, where such proceeds shall be
                        dedicated for the sole purpose of deficit
                        reduction.''.
    (e) Federal Spectrum Incentive Fund.--Part B of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 921 et seq.) is amended by adding at the end the following:

``SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND.

    ``(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the Federal Spectrum Incentive Fund
(in this section referred to as the `Fund'), which shall be
administered by the Office of Management and Budget (in this section
referred to as `OMB'), in consultation with the NTIA.
    ``(b) Transfer of Funds.--The Director of OMB shall transfer from
the Fund to a Federal entity an amount equal to the amount deposited in
accordance with section 309(j)(8)(D)(iii) of the Communications Act of
1934 that is attributable to the auction of eligible frequencies
described in section 113(g)(2) of this Act being vacated by such
entity. Such amount shall be available to the Federal entity in
accordance with subsection (c) and shall remain available until
expended.
    ``(c) Use of Funds.--A Federal entity may use an amount transferred
under subsection (b) for the following purposes:
            ``(1) Offset of sequestration.--Any purposes permitted
        under the terms and conditions of an appropriations account of
        the Federal entity that was subject to sequestration for any
        fiscal year under the Balanced Budget and Emergency Deficit
        Control Act of 1985. The amount used for such purposes under
        this paragraph may not exceed the amount by which the amount
        available to such entity under such account was reduced by
        sequestration for such fiscal year.
            ``(2) Transfer to incumbent federal entity.--In the case of
        a Federal entity that is relocating operations to frequencies
        assigned to an incumbent Federal entity in order for such
        entities to share such frequencies, to transfer an amount to
        the incumbent Federal entity for any purposes permitted under
        this subsection (except this paragraph). The transferred amount
        shall remain available to the incumbent Federal entity until
        expended.
    ``(d) Prohibition on Duplicative Payments.--If the Commission
receives notice under section 113(g)(4)(A)(ii) of a discontinuance of
operations on or relocation from eligible frequencies by a Federal
entity that has received, from the Spectrum Relocation Fund in
accordance with section 118(d)(3), relocation or sharing costs related
to pre-auction estimates or research with respect to such frequencies,
the Director of OMB shall deduct from the amount to be transferred to
such entity under subsection (b) an amount equal to such costs and
shall transfer such amount to the Spectrum Relocation Fund.''.
    (f) Department of Defense Spectrum.--Section 1062(b) of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65) does not apply to frequencies with respect to which the
Commission has received notice under section 113(g)(4)(A)(ii) of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(4)(A)(ii)).

SEC. 3. COSTS OF INCUMBENT FEDERAL ENTITIES RELATED TO SPECTRUM
              SHARING.

    (a) Description of Eligible Federal Entities.--Section 113(g)(1) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(1)) is amended--
            (1) by striking ``authorized to use a band of eligible
        frequencies described in paragraph (2)'';
            (2) by striking ``spectrum frequencies'' the first place it
        appears and inserting ``eligible frequencies described in
        paragraph (2)''; and
            (3) by striking ``spectrum frequencies'' the second place
        it appears and inserting ``eligible frequencies described in
        such paragraph''.
    (b) Definition of Relocation or Sharing Costs.--Section
113(g)(3)(A) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(3)(A)) is amended--
            (1) in clause (iv)(II), by striking ``and'' at the end;
            (2) in clause (v), by striking the period and inserting ``;
        and''; and
            (3) by adding at the end the following:
                            ``(vi) the costs incurred by an incumbent
                        Federal entity to accommodate sharing the
                        spectrum frequencies assigned to such entity
                        with a Federal entity the operations of which
                        are being relocated from eligible frequencies
                        described in paragraph (2), unless the
                        Commission receives notice under paragraph
                        (4)(A)(ii)(II) with respect to the relocation
                        of such operations.''.
    (c) Spectrum Relocation Fund.--Section 118 of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 928) is amended--
            (1) in subsection (c), by striking ``with respect to'' and
        all that follows and inserting the following: ``with respect
        to--
            ``(1) relocation from or sharing of such eligible
        frequencies; or
            ``(2) in the case of an incumbent Federal entity described
        in section 113(g)(3)(A)(vi), accommodating sharing the spectrum
        frequencies assigned to such entity with a Federal entity the
        operations of which are being relocated from such eligible
        frequencies.''; and
            (2) in subsection (d)--
                    (A) in paragraph (2)(A), by inserting ``(or, in the
                case of an incumbent Federal entity described in
                section 113(g)(3)(A)(vi), the eligible Federal entity
                the operations of which are being relocated has
                submitted such a plan)'' after ``transition plan''; and
                    (B) in paragraph (3)(B)(ii), by inserting ``except
                in the case of an incumbent Federal entity described in
                section 113(g)(3)(A)(vi),'' before ``the transition
                plan''.

Summary: Federal Spectrum Incentive Act of 2013 - Amends the National Telecommunications and Information Administration Organization Act to allow federal entities that utilize government station licenses to participate in the incentive auction program under which licensees of electromagnetic spectrum voluntarily relinquish their spectrum rights in order for such spectrum to be auctioned for a repurposed commercial use in exchange for a percentage of the auction proceeds. Permits such federal entities, instead of being reimbursed for the costs of sharing frequencies with nonfederal users or relocating to other frequencies as provided for under current law, to receive a percentage of the proceeds from spectrum it relinquishes for auction by electing to: (1) discontinue operations on eligible frequencies without relocating to other frequencies, or (2) relocate operations to frequencies assigned to another federal entity in order for such entities to share frequencies. Establishes in the US Treasury a Federal Spectrum Incentive Fund to be administered by the Office of Management and Budget (OMB) in consultation with the National Telecommunications and Information Administration (NTIA). Requires 1 of the proceeds from such auctions to be deposited in such Fund and the remainder to be deposited in the general fund of the Treasury for the sole purpose of deficit reduction. Directs OMB to transfer from the Fund to a federal entity a specified amount attributable to the auction of frequencies vacated by such entity. Permits federal entities to use such amounts for: (1) any purposes permitted under the terms and conditions of an appropriations account that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985, provided that the amount used does not exceed the amount by which the account was reduced by sequestration for such fiscal year. Or (2) a transfer of amounts to an incumbent federal entity for such purposes when the federal entity relinquishing spectrum relocates its operations to frequencies assigned to another federal entity in order to share frequencies.

Federal Spectrum Incentive Act of 2013


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restricted Weapons Act of 1993''.

SEC. 2. PROHIBITION AGAINST POSSESSION AND TRANSFER OF RESTRICTED
              WEAPONS.

    (a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
    ``(s)(1) Except as provided in paragraphs (2) and (3), it shall be
unlawful for any person to possess or transfer a restricted weapon.
    ``(2) Paragraph (1) shall not apply to any otherwise lawful
possession or transfer of a restricted weapon if the weapon was
lawfully possessed before the date the weapon was most recently added
to the list published pursuant to section 925A.
    ``(3) It shall be unlawful for any person to transfer a restricted
weapon that meets the requirement of paragraph (2), except in
accordance with regulations prescribed by the Secretary.''.
    (b) Restricted Weapon Defined.--Section 921(a) of such title is
amended by adding at the end the following:
    ``(29) The term `restricted weapon' means any firearm which is on
the list most recently published by the Secretary under section
925A.''.
    (c) Authority of the Secretary of the Treasury to Designate
Restricted Weapons; Publication of List.--
            (1) In general.--Chapter 44 of title 18, United States
        Code, is amended by inserting after section 925 the following:
``Sec. 925A. Designation of restricted weapons
    ``(a) Within 60 days after the date of the enactment of this
section, the Secretary shall--
            ``(1) designate as a restricted weapon--
                    ``(A) any semiautomatic rifle which is--
                            ``(i) manufactured in the United States;
                        and
                            ``(ii) not generally recognized as
                        particularly suitable for, or readily adaptable
                        to, sporting purposes; and
                    ``(B) any firearm manufactured outside the United
                States the importation of which is prohibited under
                section 925(d); and
            ``(2) compile and publish a list of the firearms so
        designated.
    ``(b) After the end of the 60-day period described in subsection
(a), the Secretary shall, from time to time--
            ``(1) revise the list published pursuant to subsection
        (a)--
                    ``(A) to include in such list any weapon which
                meets the requirements of subparagraph (A) or (B) of
                subsection (a)(1); and
                    ``(B) to exclude from such list any weapon which is
                not described in subsection (a)(1)(A) and which is not
                described in subsection (a)(1)(B); and
            ``(2) publish the revised list.''.
            (2) Semiautomatic rifle defined.--Section 921(a) of such
        title is amended by adding after the paragraph added by
        subsection (b) of this section the following:
    ``(30) The term `semiautomatic rifle', means--
            ``(A) a rifle which uses a portion of the force of a fired
        cartridge to expel the case of the fired cartridge and load
        another cartridge into the firing chamber, and which requires a
        separate function of the trigger to fire each cartridge; and
            ``(B) any part or combination of parts, designed or
        intended to convert a rifle into a rifle described in
        subparagraph (A).''.
            (3) Clerical amendment.--The table of sections at the
        beginning of chapter 44 of such title is amended by inserting
        after the item relating to section 925 the following:

``925A. Designation of restricted weapons.''.
    (d) Penalties.--
            (1) Unlawful possession or transfer of restricted weapon.--
        Section 924(a)(1)(B) of such title, as amended by section
        6(b)(2) of this Act, is amended by striking ``or (r)'' and
        inserting ``(r), or (s)''.
            (2) Enhanced penalty for possession or use of restricted
        weapon during crime of violence or drug trafficking crime.--
        Section 924(c)(1) of such title is amended by striking ``and if
        the firearm is a short-barreled rifle, short-barreled shotgun''
        and inserting ``if the firearm is a restricted weapon, a short-
        barreled rifle, or a short-barreled shotgun,''.
    (e) Regulations Governing Transfer of Restricted Weapons.--
            (1) Regulations.--Section 926 of such title is amended by
        adding at the end the following:
    ``(d)(1) Within 60 days after the date of the enactment of this
subsection, the Secretary shall prescribe regulations governing the
transfer of restricted weapons, which shall allow such a transfer to
proceed within 30 days after the Secretary receives such documentation
as the Secretary may require to be submitted with respect to the
transfer, and shall include provisions for determining whether the
transferee is a person described in section 922(g).
    ``(2) The Secretary may assess a fee of not more than $50 in
connection with the transfer of a restricted weapon.''.
            (2) Penalty for violation of regulations.--Section 924(a)
        of such title is amended--
                    (A) in paragraph (1), by striking ``paragraph (2)
                or (3) of''; and
                    (B) by adding at the end the following:
    ``(5) Whoever transfers a restricted weapon in violation of a
regulation issued under section 926(d)(1) but in an otherwise lawful
manner shall be fined under this title, imprisoned not more than one
year, or both.''.

SEC. 3. PROHIBITION AGAINST CERTAIN EXPORTS OF RESTRICTED WEAPONS.

    (a) Prohibition.--Section 922 of title 18, United States Code is
amended by adding after the subsection added by section 2(a) of this
Act the following:
    ``(t)(1) Except as provided in paragraph (2), it shall be unlawful
to export or attempt to export a restricted weapon.
    ``(2) Paragraph (1) shall not apply to the exportation of a
restricted weapon--
            ``(A) by or for the United States or any department or
        agency thereof; or
            ``(B) by or to the government of a foreign country.
    ``(3) Notwithstanding paragraph (2)(B), it shall be unlawful to
knowingly export or attempt to export a restricted weapon to a country
if the Secretary of State finds that--
            ``(A) the government of the country engages in a consistent
        pattern of gross violations of internationally recognized human
        rights; or
            ``(B) the country has repeatedly provided support for
        international terrorism.''.
    (b) Penalty.--Section 924(a) of such title, is amended by adding
after the paragraph added by section 2(e)(2)(B) of this Act the
following:
    ``(6) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 5 years, or both.''.

SEC. 4. PROHIBITION AGAINST MANUFACTURE OF A FIREARM CAPABLE OF
              ACCEPTING A SILENCER OR BAYONET WITHOUT ALTERATION.

    (a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding after the subsections added by sections 2(a) and 3(a)
of this Act the following:
    ``(u) It shall be unlawful for any person to manufacture a firearm
to which a firearm silencer or bayonet may be directly attached without
alteration of the firearm.''.
    (b) Penalty.--Section 924(a)(1)(B) of such title, as amended by
sections 6(a) and 2(d)(1) of this Act, is amended by striking ``or
(s)'' and inserting ``(s), or (u)''.

SEC. 5. PROHIBITION AGAINST POSSESSION OR TRANSFER OF LARGE CAPACITY
              AMMUNITION FEEDING DEVICES.

    (a) Prohibition.--Section 922 of title 18, United States Code, is
amended by adding after the subsections added by sections 2(a), 3(a),
and 4(a) of this Act the following:
    ``(v)(1) It shall be unlawful for any person to possess or transfer
any large capacity ammunition feeding device.
    ``(2) Paragraph (1) shall not apply to any otherwise lawful
possession or otherwise lawful transfer of a large capacity ammunition
feeding device that was lawfully possessed before the date of the
enactment of this subsection.''.
    (b) Large Capacity Ammunition Feeding Device Defined.--Section
921(a) of such title is amended by adding after the paragraphs added by
subsections (b) and (c)(2) of section 2 of this Act the following:
    ``(31)(A) Except as provided in subparagraph (B), the term `large
capacity ammunition feeding device' means--
            ``(i) a detachable magazine, belt, drum, feed strip, or
        similar device which has, or which can be readily restored or
        converted to have, a capacity of more than 7 rounds of
        ammunition; and
            ``(ii) any part or combination of parts, designed or
        intended to convert a detachable magazine, belt, drum, feed
        strip, or similar device into a device described in clause (i).
    ``(B) The term `large capacity ammunition feeding device' does not
include any attached tubular device designed to accept and capable of
operating with only .22 rimfire caliber ammunition.''.
    (c) Penalty.--Section 924(a)(1)(B) of such title, as amended by
sections 6(a), 2(d)(1), and 4(b) of this Act, is amended by striking
``or (u)'' and inserting ``(u), or (v)''.
    (d) Regulations.--Section 926 of such title is amended by adding
after the subsection added by section 2(e)(1) of this Act the
following:
    ``(e) The Secretary shall promulgate regulations requiring
manufacturers of large capacity ammunition feeding devices to stamp
each such device manufactured after the date of the enactment of this
subsection with a permanent distinguishing mark selected in accordance
with regulations.''.

SEC. 6. TECHNICAL CORRECTION RELATING TO FIREARMS LAWS.

    (a) In General.--Section 924(a)(1)(B) of title 18, United States
Code, is amended by striking ``(q)'' and inserting ``(r)''.
    (b) Effective Date.--The amendment made by this section shall take
effect if such amendment had been included in section 2204 of the Crime
Control Act of 1990 at the time such section 2204 became law.

Summary: Restricted Weapons Act of 1993 - Amends the Federal criminal code to prohibit the possession or transfer of a restricted weapon, unless such weapon was lawfully possessed before the date it was most recently added to the published list required under this Act. Defines restricted weapon to mean any firearm which is on the list most recently published by the Secretary of the Treasury under this Act. Requires the Secretary to: (1) designate as a restricted weapon any semiautomatic rifle which is manufactured in the United States and is not generally recognized as suitable for, or readily adaptable to, sporting purposes and any firearm manufactured outside the United States the importation of which does not meet the sporting purposes standard. And (2) compile, publish, and periodically revise a list of the firearms so designated. Sets penalties for the unlawful possession or transfer of a restricted weapon. Provides for an enhanced penalty for possession or use of a restricted weapon during a crime of violence or a drug trafficking crime. Requires the Secretary to prescribe regulations governing the transfer of restricted weapons which shall allow such a transfer to proceed within 30 days after the Secretary receives the documentation submitted with respect to such a transfer. Authorizes the Secretary to assess a fee in connection with such a transfer. Sets penalties for violating such regulations. Prohibits: (1) the export of restricted weapons, with exceptions for US departments or agencies and foreign governments. And (2) the manufacture of a firearm to which a silencer or bayonet may be attached without alteration of the firearm. Sets penalties for violations of these provisions. Prohibits the possession or transfer of large capacity ammunition feeding devices, except where lawfully possessed before enactment of this Act. Defines such devices to include: (1) a detachable magazine, belt, or similar device which has, or can be readily converted to have, a capacity of more than seven rounds of ammunition. And (2) any part or combination of parts intended to convert a detachable magazine into such a device. Excludes from such definition any attached tubular device designed to accept and capable of operating with only .22 rimfire caliber ammunition. Sets penalties for violations. Requires the Secretary to promulgate regulations requiring manufacturers of such devices to stamp each such device with a permanent distinguishing mark.

Restricted Weapons Act of 1993


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Information and Benefits
Enhancement Act of 2003''.

SEC. 2. PRESUMPTION OF ADDITIONAL DISEASES OF FORMER PRISONERS OF WAR
              TO BE SERVICE-CONNECTED FOR COMPENSATION PURPOSES.

    (a) Presumption.--Section 1112(b) of title 38, United States Code,
is amended--
            (1) in paragraph (14), by striking ``or'' at the end; and
            (2) by inserting after paragraph (15) the following new
        paragraphs:
            ``(16) cardiovascular disease (heart disease),
            ``(17) cerebrovascular disease (stroke), or
            ``(18) chronic liver disease, including cirrhosis and
        primary liver carcinoma,''.
    (b) Effective Date.--(1) The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act.
    (2) No benefit may be paid by reason of the amendments made by
subsection (a) for any period before the date of the enactment of this
Act.

SEC. 3. DOSE RECONSTRUCTION PROGRAM OF DEPARTMENT OF DEFENSE.

    (b) Review of Mission, Procedures, and Administration.--(1) The
Secretary of Veterans Affairs and the Secretary of Defense shall
jointly conduct a review of the mission, procedures, and administration
of the Dose Reconstruction Program of the Department of Defense.
    (2) In conducting the review under paragraph (1), the Secretaries
shall--
            (A) determine whether any additional actions are required
        to ensure that the quality assurance and quality control
        mechanisms of the Dose Reconstruction Program are adequate and
        sufficient for purposes of the program; and
            (B) determine the actions that are required to ensure that
        the mechanisms of the Dose Reconstruction Program for
        communication and interaction with veterans are adequate and
        sufficient for purposes of the program, including mechanisms to
        permit veterans to review the assumptions utilized in their
        dose reconstructions.
    (3) Not later than 90 days after the date of the enactment of this
Act, the Secretaries shall jointly submit to Congress a report on the
review under paragraph (1). The report shall set forth--
            (A) the results of the review;
            (B) a plan for any actions determined to be required under
        paragraph (2); and
            (C) such other recommendations for the improvement of the
        mission, procedures, and administration of the Dose
        Reconstruction Program as the Secretaries jointly consider
        appropriate.
    (b) On-Going Review and Oversight.--The Secretaries shall jointly
take appropriate actions to ensure the on-going independent review and
oversight of the Dose Reconstruction Program, including the
establishment of the advisory board required by subsection (c).
    (c) Advisory Board.--(1) In taking actions under subsection (b),
the Secretaries shall jointly appoint an advisory board to provide
review and oversight of the Dose Reconstruction Program.
    (2) The advisory board under paragraph (1) shall be composed of the
following:
            (A) At least one expert in historical dose reconstruction
        of the type conducted under the Dose Reconstruction Program.
            (B) At least one expert in radiation health matters.
            (C) At least one expert in risk communications matters.
            (D) A representative of the Department of Veterans Affairs.
            (E) A representative of the Defense Threat Reduction
        Agency.
            (F) At least three veterans, including at least one veteran
        who is a member of an atomic veterans group.
    (3) The advisory board under paragraph (1) shall--
            (A) conduct periodic, random audits of dose reconstructions
        and decisions on claims for radiogenic diseases under the Dose
        Reconstruction Program;
            (B) assist the Department of Veterans Affairs and the
        Defense Threat Reduction Agency in communicating to veterans
        information on the mission, procedures, and evidentiary
        requirements of the Dose Reconstruction Program; and
            (C) carry out such other activities with respect to the
        review and oversight of the Dose Reconstruction Program as the
        Secretaries shall jointly specify.
    (4) The advisory board under paragraph (1) may make such
recommendations on modifications in the mission or procedures of the
Dose Reconstruction Program as the advisory board considers appropriate
as a result of the audits conducted under paragraph (3)(A).

SEC. 4. STUDY ON DISPOSITION OF AIR FORCE HEALTH STUDY.

    (a) In General.--The Secretary of Veterans Affairs shall, in
accordance with this section, carry out a study to determine the
appropriate disposition of the Air Force Health Study, an epidemiologic
study of Air Force personnel who were responsible for conducting aerial
spray missions of herbicides during the Vietnam era.
    (b) Study Through National Academy of Sciences.--Not later than
sixty days after the date of the enactment of this Act, the Secretary
shall seek to enter into an agreement with the National Academy of
Sciences, or another appropriate scientific organization, to carry out
the study required by subsection (a).
    (c) Elements.--Under the study under subsection (a), the National
Academy of Sciences, or other appropriate scientific organization,
shall address the following:
            (1) The scientific merit of retaining and maintaining the
        medical records, other study data, and laboratory specimens
        collected in the course of the Air Force Health Study after the
        currently-scheduled termination date of the study in 2006.
            (2) Whether or not any obstacles exist to retaining and
        maintaining the medical records, other study data, and
        laboratory specimens referred to in paragraph (1), including
        privacy concerns.
            (3) The advisability of providing independent oversight of
        the medical records, other study data, and laboratory specimens
        referred to in paragraph (1), and of any further study of such
        records, data, and specimens, and, if so, the mechanism for
        providing such oversight.
            (4) The advisability of extending the Air Force Health
        Study, including the potential value and relevance of extending
        the study, the potential cost of extending the study, and the
        Federal or non-Federal entity best suited to continue the study
        if extended.
            (5) The advisability of making the laboratory specimens of
        the Air Force Health Study available for independent research,
        including the potential value and relevance of such research,
        and the potential cost of such research.
    (d) Report.--Not later than 60 days after entering into an
agreement under subsection (b), the National Academy of Sciences, or
other appropriate scientific organization, shall submit to the
Secretary and Congress a report on the results of the study under
subsection (a). The report shall include the results of the study,
including the matters addressed under subsection (c), and such other
recommendations as the Academy, or other appropriate scientific
organization, considers appropriate as a result of the study.

SEC. 5. FUNDING OF MEDICAL FOLLOW-UP AGENCY OF INSTITUTE OF MEDICINE OF
              NATIONAL ACADEMY OF SCIENCES FOR EPIDEMIOLOGICAL RESEARCH
              ON MEMBERS OF THE ARMED FORCES AND VETERANS.

    (a) Funding by Department of Veterans Affairs.--(1) The Secretary
of Veterans Affairs shall make available to the National Academy of
Sciences in each of fiscal years 2004 through 2013, $250,000 for the
Medical Follow-Up Agency of the Institute of Medicine of the Academy
for purposes of epidemiological research on members of the Armed Forces
and veterans.
    (2) The Secretary of Veterans Affairs shall make available amounts
under paragraph (1) for a fiscal year from amounts available for the
Department of Veterans Affairs for that fiscal year.
    (b) Funding by Department of Defense.--(1) The Secretary of Defense
shall make available to the National Academy of Sciences in each of
fiscal years 2004 through 2013, $250,000 for the Medical Follow-Up
Agency for purposes of epidemiological research on members of the Armed
Forces and veterans.
    (2) The Secretary of Defense shall make available amounts under
paragraph (1) for a fiscal year from amounts available for the
Department of Defense for that fiscal year.
    (c) Use of Funds.--The Medical Follow-Up Agency shall use funds
made available under subsections (a) and (b) for epidemiological
research on members of the Armed Forces and veterans.
    (d) Supplement Not Supplant.--Amounts made available to the Medical
Follow-Up Agency under this section for a fiscal year for the purposes
referred to in subsection (c) are in addition to any other amounts made
available to the Agency for that fiscal year for those purposes.

Summary: Veterans Information and Benefits Enhancement Act of 2003 - Includes the following among the diseases to be considered service-connected, and therefore compensable through the Department of Veterans Affairs, when suffered by a veteran who is a former prisoner of war who was detained or interned for at least 30 days: (1) cardiovascular (heart) disease, (2) cerebrovascular disease (stroke). Or (3) chronic liver disease, including cirrhosis and primary liver carcinoma. Directs the Secretary of Veterans Affairs (Secretary) and the Secretary of Defense to jointly conduct a review of the mission, procedures, and administration of the Dose Reconstruction Program of the Department of Defense. Requires appointment of an advisory board for Program review and oversight. Directs the Secretary to conduct a study to determine the appropriate disposition of the Air Force Health Study, an epidemiologic study of Air Force personnel responsible for conducting aerial herbicide spray missions during the Vietnam era. Requires the Secretaries to make specified funds available to the National Academy of Sciences in each of FY 2004 through 2013 for the Academy's Medical Follow-Up Agency of the Institute of Medicine to conduct epidemiological research on military personnel and veterans.

A bill to amend title 38, United States Code, to presume additional diseases of former prisoners of war to be service-connected for compensation purposes, to enhance the Dose Reconstruction Program of the Department of Defense, to enhance and fund certain other epidemiological studies, and for other purposes


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Windfall Oil Profits For Heating
Assistance Act of 2000''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The overall net income for the 14 major petroleum
        companies more than doubled in the second quarter of 2000
        relative to the second quarter of 1999, to $10,300,000,000.
            (2) In the second quarter of 2000, BP Amoco reported
        profits of $2,870,000,000, Chevron Corporation reported profits
        of $1,140,000,000, Conoco reported profits of $460,000,000,
        Exxon Mobil Corporation reported profits of $4,530,000,000,
        Marathon Oil Company reported profits of $367,000,000, Phillips
        Petroleum Company reported profits of $439,000,000, Royal
        Dutch/Shell Group reported profits of $3,150,000,000, and
        Texaco, Inc. reported profits of $641,000,000.
            (3) When compared to the second quarter of 1999, the
        profits in the second quarter of 2000 increased 133 percent for
        BP Amoco, 136 percent for Chevron, 205 percent for Conoco, 123
        percent for Exxon Mobil, 208 percent for Marathon, 275 percent
        for Phillips, 96 percent for Shell, and 124 percent for Texaco.
            (4) The profits in the second quarter of 2000 for BP Amoco,
        Chevron, Conoco, Exxon Mobil, and Shell were record quarterly
        profits for these oil companies.
            (5) In the first quarter of 2000, ARCO reported profits of
        $333,000,000, BP Amoco reported profits of $2,680,000,000,
        Chevron reported profits of $1,100,000,000, Conoco reported
        profits of $391,000,000, Exxon Mobil reported profits of
        $3,350,000,000, Phillips reported profits of $250,000,000,
        Shell reported profits of $3,130,000,000, and Texaco reported
        profits of $602,000,000.
            (6) When compared to the first quarter of 1999, the profits
        in the first quarter of 2000 increased 136 percent for ARCO,
        296 percent for BP Amoco, 291 percent for Chevron, 371 percent
        for Conoco, 108 percent for Exxon Mobil, 257 percent for
        Phillips, 117 percent for Shell, and 473 percent for Texaco.
            (7) The profits in the first quarter of 2000 for BP Amoco,
        Conoco, Exxon Mobil, and Shell were record quarterly profits.
            (8) On June 19, 2000, gasoline prices hit all-time highs
        across the United States, with a national average of $1.68 per
        gallon, according to the Energy Information Administration.
            (9) On September 22, 2000, the Department of Energy
        estimated that heating oil inventories nationwide are 36
        percent lower than in 1999, in the East such inventories are 40
        percent lower than in 1999, and in New England such inventories
        are 65 percent lower than in 1999.
            (10) American consumers continue to pay sky-high gasoline
        prices and home heating oil prices are expected to hit an all-
        time high in the winter of 2000-2001 while the oil industry
        continues to reap record profits.
    (b) Purpose.--The purpose of this Act is to transfer windfall
profits from the oil industry to fund heating assistance for consumers
and small business owners.

SEC. 3. WINDFALL PROFITS ADJUSTMENT.

    (a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end the following new chapter:

    ``CHAPTER 55--WINDFALL PROFITS ON CRUDE OIL AND PRODUCTS THEREOF

                              ``Sec. 5886. Imposition of tax.

``SEC. 5886. IMPOSITION OF TAX.

    ``(a) In General.--An excise tax is hereby imposed on the windfall
profit from any domestic crude oil or other taxable product removed
from the premises during the taxable year at a rate equal to 100
percent of such windfall profit.
    ``(b) Definitions.--For purposes of this section--
            ``(1) Premises.--The term `premises' has the same meaning
        as when used for purposes of determining gross income from
        property under section 613.
            ``(2) Producer.--The term `producer' means the holder of
        the economic interest with respect to the crude oil or taxable
        product.
            ``(3) Reasonable profit.--The term `reasonable profit'
        means the amount determined by the Chairman of the Federal
        Trade Commission to be a reasonable profit on the crude oil or
        taxable product.
            ``(4) Taxable product.--The term `taxable product' means
        any fuel which is a product of crude oil.
            ``(5) Windfall profit.--The term `windfall profit' means,
        with respect to any removal of crude oil or taxable product, so
        much of the profit on such removal as exceeds a reasonable
        profit.
    ``(c) Liability for Payment of Tax.--The tax imposed by subsection
(a) shall be paid by the producer of the crude oil or taxable product.
    ``(d) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
    (b) Clerical Amendment.--The table of chapters for subtitle E of
such Code is amended by adding at the end the following new item:

                              ``Chapter 55. Windfall profits on crude
                                        oil and products thereof.''
    (c) Effective Date.--The amendments made by this section shall
apply to crude oil or other products removed from the premises on or
after January 1, 2000.

SEC. 4. FEDERAL TRADE COMMISSION INVESTIGATION AND DETERMINATION OF
              REASONABLE PROFITS.

    (a) Investigation of Oil Industry Profits.--The Chairman of the
Federal Trade Commission shall investigate the profits of the oil
industry, including the 14 major petroleum companies, on the sale in
the United States of any crude oil or other taxable product (as defined
in section 5886(b) of the Internal Revenue Code of 1986) made after
January 1, 1999.
    (b) Determination of Reasonable Oil Industry Profits.--The Federal
Trade Commission shall make reasonable profit determinations for
purposes of applying section 5886 of the Internal Revenue Code of 1986
(relating to windfall profit on crude oil and products thereof).
    (c) Funding.--There are authorized to be appropriated to the
Federal Trade Commission such funds as are necessary to carry out this
section.

SEC. 5. ALLOCATION OF REVENUES FROM WINDFALL OIL PROFITS ADJUSTMENT TO
              HEATING ASSISTANCE.

    (a) Establishment of Trust Fund.--Subchapter A of chapter 98 of
subtitle I of the Internal Revenue Code of 1986 (relating to
establishment of trust funds) is amended by adding at the end the
following new section:

``SEC. 9511. WINDFALL OIL PROFITS TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Windfall Oil
Profits Trust Fund', consisting of such amounts as may be appropriated
or credited to the Windfall Oil Profits Trust Fund as provided in this
section.
    ``(b) Transfers to Windfall Oil Profits Trust Fund.--There are
hereby appropriated to the Windfall Oil Profits Trust Fund amounts
equivalent to the taxes received in the Treasury under section 5886.
    ``(c) Expenditures From Windfall Oil Profits Trust Fund.--Amounts
in the Windfall Oil Profits Trust Fund shall be available, as provided
by appropriations Acts, for making expenditures--
            ``(1) in an amount not to exceed 75 percent of amounts
        transferred under subsection (b), for heating assistance for
        consumers, and
            ``(2) in an amount not to exceed 25 percent of amounts
        transferred under subsection (b), for heating assistance for
        small businesses.''.
    (b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of subtitle I of the Internal Revenue Code of 1986 is
amended by adding at the end the following new item:

        ``Sec. 9511. Windfall oil profits trust fund.''

Summary: Directs the Federal Trade Commission to investigate the profits of the oil industry and make reasonable profit determinations. Authorizes appropriations. Establishes the Windfall Oil Profits Trust Fund consisting amounts equivalent to the taxes received pursuant to the excise tax established by this Act. Provides for expenditures from the Fund for heating assistance to consumers and small businesses.

Windfall Oil Profits for Heating Assistance Act of 2000


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TMDL Regulatory Accountability Act
of 2000''.

SEC. 2. ENSURING CONSIDERATION OF THE VIEWS OF THE PUBLIC.

    The Administrator shall--
            (1) publish, not later the 5th day following the date of
        enactment of this Act, in the Federal Register a notice
        soliciting public comment for 120 days on revisions to
        regulations pertaining to the national pollutant discharge
        elimination system program and the water quality planning and
        management program published in the Federal Register on July
        13, 2000 (65 Fed. Reg. 43586);
            (2) solicit comments from each State regarding the impact
        of such revisions on implementation and effectiveness of
        existing State programs;
            (3) hold public meetings for the purpose of receiving
        public comments on such revisions, including meetings at
        locations that will provide a reasonable opportunity for
        citizens of rural communities to both attend and provide
        comments; and
            (4) maintain a record of all public comments on such
        revisions, including comments from States under paragraph (2)
        and comments received at public meetings under paragraph (3),
        in a publicly available docket and, not later than the 180th
        day following such date of enactment, publish a response to the
        comments in the Federal Register.

SEC. 3. FILLING DATA GAPS.

    (a) In General.--Not later than the 120th day following the date of
enactment of this Act, the Administrator shall transmit to Congress an
analysis of the monitoring data needed for development and
implementation of TMDLs. Such analysis shall address the data gaps
identified by the Comptroller General in the March 2000 report issued
by the General Accounting Office, entitled ``Water Quality, Key EPA and
State Decisions Limited By Inconsistent and Incomplete Data'',
including gaps in data needed to--
            (1) assess all State waters;
            (2) identify waters that are impaired;
            (3) identify pollution sources;
            (4) develop TMDLs; and
            (5) develop plans to implement TMDLs.
    (b) Data Collection Costs.--The analysis under subsection (a) shall
include an estimate of the cost of collecting the monitoring data.
    (c) State Input.--In conducting the analysis under subsection (a)
and estimating the costs under subsection (b), the Administrator shall
solicit comments from each State regarding the analysis and estimate.

SEC. 4. IMPROVING SCIENTIFIC UNDERSTANDING.

    (a) Study Required.--The Administrator shall make arrangements with
the National Academy of Sciences to conduct a study on the scientific
bases underlying the development of TMDLs.
    (b) Scope.--The study shall include an evaluation of each of the
following:
            (1) The information required to identify sources of
        pollutant loadings and their respective contributions to water
        quality impairment.
            (2) The information required to allocate reductions in
        pollutant loadings among sources.
            (3) Whether such information is available for use by
        States.
            (4) Whether such information, if available, is reliable.
            (5) If such information is not available or is not
        reliable, what methodologies should be used to obtain such
        information.
    (c) Review.--Before submitting a report under subsection (d), the
National Academy of Sciences shall provide appropriate Federal, State,
and public and private sector interests an opportunity to review and
submit written comments on the report. The final report shall
incorporate such comments if appropriate.
    (d) Report.--Not later than the 240th day following the date of
enactment of this Act, the National Academy of Sciences shall transmit
a report on the study to the Administrator and Congress. The report
shall include recommendations of the National Academy of Sciences for
improving the methodologies evaluated under the study.
    (e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000. Such sums shall
remain available until expended.

SEC. 5. ENSURING PUBLIC UNDERSTANDING OF THE BENEFITS AND COSTS OF
              REGULATORY CHANGES.

    (a) UMRA Analysis.--
            (1) In general.--With respect to the revisions referred to
        in section 2, the Administrator shall prepare a written
        statement containing the information specified in section
        202(a) of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
        1532(a); 109 Stat. 64-65) and shall conduct the analyses
        required under section 205 of such Act (2 U.S.C. 1535).
            (2) Recommendations of the comptroller general.--In
        preparing the statement and conducting the analyses referred to
        in paragraph (1)--
                    (A) the Administrator shall address the concerns
                regarding the economic analysis performed by the
                Administrator on these regulatory changes identified by
                the Comptroller General in a June 21, 2000, report
                entitled ``Clean Water Act: Proposed Revisions to EPA
                Regulations to Clean Up Polluted Waters''; and
                    (B) the Administrator, consistent with the
                recommendations of the Comptroller General, shall--
                            (i) use alternative baseline assumptions,
                        including an assumption that accurately
                        reflects the water quality data currently
                        available for the development and
                        implementation of TMDLs, and conduct a
                        sensitivity analysis to assess the effect of
                        different assumptions on the analyses;
                            (ii) quantify benefits using the same
                        baseline assumptions used to quantify costs;
                        and
                            (iii) consider costs to regulated entities
                        and other Federal agencies, as well as costs to
                        States.
    (b) Effects on Small Entities.--The Administrator shall conduct
analyses of the effects of the revisions referred to in section 2 on
small entities, including small businesses, small organizations, and
small governmental organizations. Such analyses shall include, at a
minimum--
            (1) a description of and an estimate of the number of small
        entities to which the regulations, as revised, would apply;
            (2) the cost to small entities resulting from
        implementation of the regulations, as revised, by States and
        the Environmental Protection Agency; and
            (3) a description of the steps the Administrator has taken
        to minimize the significant economic impact on small entities,
        including a statement of the factual, policy, and legal reasons
        for selecting the alternative adopted in the final rule and why
        each one of the other significant alternatives to the rule
        considered by the Administrator that affect the impact on small
        entities was rejected.
    (c) Information From Relevant Federal Agencies.--In conducting the
analyses under subsections (a) and (b), the Administrator shall obtain
information from relevant Federal agencies, including the Department of
Agriculture, the Department of Defense, and the Small Business
Administration.
    (d) Review by the Comptroller General.--At least 60 days before
publishing an analysis in the Federal Register for public notice and
comment under subsection (e), the Administrator shall provide the
Comptroller General with an opportunity to review and comment on such
analysis.
    (e) Public Review and Comment.--The Administrator shall publish the
analyses required under subsections (a) and (b) in the Federal Register
not later than 150th day after the date of enactment of this Act and
shall solicit public comment for a period of not less than 60 days.
Comments received shall be included in the publicly available docket
maintained under section 2.
    (f) Response to Comments.--Not later than the 60th day following
the last day of the comment period under subsection (e), the
Administrator shall publish a response to comments in the Federal
Register.

SEC. 6. USE OF INFORMATION TO IMPROVE CLEAN WATER ACT PROGRAMS.

    (a) Agency Review of Information and Regulations.--The
Administrator shall review all information provided or developed under
sections 2, 3, 4, and 5 and shall consider whether or not the
Administrator should change the revisions referred to in section 2
based upon such information.
    (b) Explanation to Congress.--Upon completing the review, but not
later than the 270th day following the date of enactment of this Act,
the Administrator shall transmit to Congress an explanation of the
Administrator's decision to change or not to change the revisions
referred to in section 2.

SEC. 7. DEFINITIONS.

    In this Act, the following definitions shall apply:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) TMDL.--The term ``TMDL'' has the meaning that the term
        ``total maximum daily load'' has under section 303(d)(1)(C) of
        the Federal Water Pollution Control Act (23 U.S.C.
        1313(d)(1)(C)).
            (3) Small entity.--The term ``small entity'' has the
        meaning such term has in section 601 of title 5, United States
        Code.
            (4) State.--The term ``State'' has the meaning such term
        has under section 502 of the Federal Water Pollution Control
        Act (33 U.S.C. 1362).

Summary: Directs the Administrator to transmit to Congress an analysis of the monitoring data needed for development and implementation of total maximum daily loads (TMDLs) which shall address data gaps identified by the Comptroller General in a March 2000 report entitled Water Quality, Key EPA and State Decisions Limited By Inconsistent and Incomplete Data. Requires the Administrator to make arrangements with the National Academy of Sciences to study and report on the scientific bases underlying the development of TDMLs. Authorizes appropriations. Directs the Administrator, with respect to the economic analysis performed on regulatory changes identified by the Comptroller General in the June 2000 report entitled Clean Water Act: Proposed Revisions to EPA Regulations to Clean Up Polluted Waters, to prepare certain statements and analyses required under the Unfunded Mandates Reform Act of 1995 with respect to: (1) significant regulatory actions that may result in expenditures by State, local, and tribal governments or the private sector of $100 million or more annually. And (2) selection of a least costly, most cost-effective, or least burdensome alternative. Requires the Administrator to conduct analyses of the effects of the revisions to the regulations pertaining to the NPDES and water quality planning and management on small entities. Directs the Administrator to review the information provided or developed under this Act and consider whether the revisions to such regulations should be changed. Requires an explanation to Congress of the decision to change or not to change such revisions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Iran Sanctions Enabling Act of
2009''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) There is an increasing interest by States, local
        governments, educational institutions, and private institutions
        to seek to disassociate themselves from companies that directly
        or indirectly support the Government of Iran's efforts to
        achieve a nuclear weapons capability.
            (2) Policy makers and fund managers may find moral,
        prudential, or reputational reasons to divest from companies
        that accept the business risk of operating in countries that
        are subject to international economic sanctions or that have
        business relationships with countries, governments, or entities
        with which any United States company would be prohibited from
        dealing because of economic sanctions imposed by the United
        States.

SEC. 3. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN
              COMPANIES INVESTED IN IRAN'S ENERGY SECTOR.

    (a) Statement of Policy.--It is the policy of the United States to
support the decision of State governments, local governments, and
educational institutions to divest from, and to prohibit the investment
of assets they control in, persons that have investments of more than
$20,000,000 in Iran's energy sector.
    (b) Authority to Divest.--Notwithstanding any other provision of
law, a State or local government may adopt and enforce measures that
meet the requirements of subsection (d) to divest the assets of the
State or local government from, or prohibit investment of the assets of
the State or local government in, any person that the State or local
government determines, using credible information available to the
public, engages in investment activities in Iran described in
subsection (c).
    (c) Investment Activities in Iran Described.--A person engages in
investment activities in Iran described in this subsection if the
person--
            (1) has an investment of $20,000,000 or more in the energy
        sector of Iran;
            (2) provides oil or liquified natural gas tankers, or
        products used to construct or maintain pipelines used to
        transport oil or liquified natural gas, for the energy sector
        in Iran; or
            (3) is a financial institution that extends $20,000,000 or
        more in credit to another person, for 45 days or more, if that
        person will use the credit to invest in the energy sector in
        Iran.
    (d) Requirements.--The requirements referred to in subsection (b)
that a measure taken by a State or local government must meet are the
following:
            (1) Notice.--The State or local government shall provide
        written notice to each person to whom the State or local
        government, as the case may be, intends to apply the measure,
        of such intent.
            (2) Timing.--The measure shall apply to a person not
        earlier than the date that is 90 days after the date on which
        the person receives the written notice required by paragraph
        (1).
            (3) Opportunity for hearing.--The State or local government
        shall provide each person referred to in paragraph (1) with an
        opportunity to demonstrate to the State or local government, as
        the case may be, that the person does not engage in investment
        activities in Iran described in subsection (c). If the person
        demonstrates to the State or local government that the person
        does not engage in investment activities in Iran described in
        subsection (c), the measure shall not apply to the person.
            (4) Sense of the congress on avoiding erroneous
        targeting.--It is the sense of the Congress that a State or
        local government should not adopt a measure under subsection
        (b) with respect to a person unless the State or local
        government has made every effort to avoid erroneously targeting
        the person and has verified that the person engages in
        investment activities in Iran described in subsection (c).
    (e) Notice to Department of Justice.--Not later than 30 days after
adopting a measure pursuant to subsection (b), a State or local
government shall submit to the Attorney General of the United States a
written notice which describes the measure.
    (f) Nonpreemption.--A measure of a State or local government
authorized under subsection (b), or described in subsection (i), is not
preempted by any Federal law or regulation.
    (g) Definitions.--In this section:
            (1) Investment.--The ``investment'' of assets, with respect
        to a State or local government, includes--
                    (A) a commitment or contribution of assets;
                    (B) a loan or other extension of credit; or
                    (C) the entry into or renewal of a contract for
                goods or services.
            (2) Assets.--
                    (A) In general.--Except as provided in subparagraph
                (B), the term ``assets'' refers to public monies and
                includes any pension, retirement, annuity, or endowment
                fund, or similar instrument, that is controlled
                directly or indirectly by a State or local government.
                    (B) Exception.--The term ``assets'' does not
                include employee benefit plans covered by title I of
                the Employee Retirement Income Security Act of 1974 (29
                U.S.C. 1001 et seq.).
    (h) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) of
        this subsection and subsection (i), this section shall apply to
        measures adopted by a State or local government on or after the
        date of the enactment of this Act.
            (2) Notice requirements.--Subsections (d) and (e) apply to
        measures adopted by a State or local government on or after the
        date of the enactment of this Act.
    (i) Authorization for Prior Enacted Measures.--Notwithstanding any
other provision of law, a State or local government may enforce a
measure (without regard to the requirements of subsection (d)) adopted
by the State or local government before the date of the enactment of
this Act that provides for the divestiture of assets of the State or
local government from, or prohibits the investment of the assets of the
State or local government in, any person that the State or local
government determines, using credible information available to the
public, engages in investment or business activities in Iran
(determined without regard to subsection (c)) identified in the
measure.

SEC. 4. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY ASSET
              MANAGERS.

    Section 13(c)(1) of the Investment Company Act of 1940 (15 U.S.C.
80a-13(c)(1)) is amended to read as follows:
            ``(1) In general.--Solely for purposes of this subsection,
        and notwithstanding any other provision of Federal or State
        law, no person may bring any civil, criminal, or administrative
        action against any registered investment company, or any
        employee, officer, director, or investment adviser thereof,
        based solely upon the investment company divesting from, or
        avoiding investing in, securities issued by persons that the
        investment company determines, using credible information that
        is available to the public, conduct or have direct investments
        in business operations in Sudan described in section 3(d) of
        the Sudan Accountability and Divestment Act of 2007 or engage
        in investment activities in Iran described in section 3(c) of
        the Iran Sanctions Enabling Act of 2009. Nothing in this
        paragraph shall be construed to create, imply, diminish,
        change, or affect in any way the existence of a private cause
        of action under any other provision of this Act.''.

SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE
              BENEFIT PLANS.

    Section 404 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1104) is amended by adding at the end the following new
subsection:
    ``(e) No person shall be treated as breaching any of the
responsibilities, obligations, or duties imposed upon fiduciaries by
this title for divesting plan assets from, or avoiding investing plan
assets in, persons that are determined by such person, using credible
information that is available to the public, to be engaged in
investment activities in Iran described in section 3(c) of the Iran
Sanctions Enabling Act of 2009. Any divestiture of plan assets from, or
avoidance of investing plan assets in, persons that are so determined
to be engaged in such investment activities shall be treated as in
accordance with this title and the documents and instruments governing
the plan.''.

SEC. 6. DEFINITIONS.

    In this title:
            (1) Energy sector.--The term ``energy sector'' refers to
        activities to develop petroleum or natural gas resources or
        nuclear power.
            (2) Financial institution.--The term ``financial
        institution'' has the meaning given that term in section 14(5)
        of the Iran Sanctions Act of 1996 (Public Law 104-172; 50
        U.S.C. 1701 note).
            (3) Iran.--The term ``Iran'' includes any agency or
        instrumentality of Iran.
            (4) Person.--The term ``person'' means--
                    (A) a natural person, corporation, company,
                business association, partnership, society, trust, or
                any other nongovernmental entity, organization, or
                group;
                    (B) any governmental entity or instrumentality of a
                government, including a multilateral development
                institution (as defined in section 1701(c)(3) of the
                International Financial Institutions Act (22 U.S.C.
                262r(c)(3))); and
                    (C) any successor, subunit, parent company, or
                subsidiary of, or company under common ownership or
                control with, any entity described in subparagraph (A)
                or (B).
            (5) State.--The term ``State'' means each of the several
        States, the District of Columbia, the Commonwealth of Puerto
        Rico, the United States Virgin Islands, Guam, American Samoa,
        and the Commonwealth of the Northern Mariana Islands.
            (6) State or local government.--The term ``State or local
        government'' includes--
                    (A) any State and any agency or instrumentality
                thereof;
                    (B) any local government within a State, and any
                agency or instrumentality thereof;
                    (C) any other governmental instrumentality; and
                    (D) any public institution of higher education
                within the meaning of the Higher Education Act of 1965
                (20 U.S.C. 1001 et seq.).

SEC. 7. SUNSET.

    This Act shall terminate 30 days after the date on which the
President has certified to the Congress that--
            (1) the Government of Iran has ceased providing support for
        acts of international terrorism and no longer satisfies the
        requirements for designation as a state-sponsor of terrorism
        for purposes of section 6(j) of the Export Administration Act
        of 1979, section 620A of the Foreign Assistance Act of 1961,
        section 40 of the Arms Export Control Act, or any other
        provision of law; or
            (2) Iran has ceased the pursuit, acquisition, and
        development of nuclear, biological, and chemical weapons and
        ballistic missiles and ballistic missile launch technology.

            Passed the House of Representatives October 14, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

Summary: Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that the have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit their investment in, any person that the state or local government determines, using credible information available to the public, engages in certain investment activities in Iran. Specifies such activities as: (1) the investment of $20 million or more in Iran's energy sector. Or (2) provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for that energy sector. Authorizes divestment, as well, from any financial institution which extend $20 million or more in credit to another person, for 45 days or more, if that person will use the credit to invest in Iran's energy sector. Expresses the sense of Congress that a state or local government should not adopt such measures against such a person unless it has made every effort to avoid erroneously targeting the person and has verified that such person engages in such investment activities. Declares that any measure of a state or local government authorized under this Act is not preempted by any federal law or regulation. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by persons that have invested in Sudan or in Iran. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting employee benefit plan assets from, or avoiding investing plan assets in, persons that have engaged in such investment activities in Iran. Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism. Or (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology.

To authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Efficient Buildings Act of
2007''.

SEC. 2. ENERGY EFFICIENT BUILDING GRANT PROGRAM.

    (a) Energy Efficient Building Pilot Grant Program.--
            (1) In general.--Not later than 6 months after the date of
        enactment of this Act, the Secretary of Energy (in this Act
        referred to as the ``Secretary'') shall establish a pilot
        program to award grants to businesses and organizations for new
        construction of energy efficient buildings, or major
        renovations of buildings that will result in energy efficient
        buildings, to demonstrate innovative energy efficiency
        technologies, especially those sponsored by the Department of
        Energy.
            (2) Awards.--The Secretary shall award grants under this
        subsection competitively to those applicants whose proposals--
                    (A) best demonstrate--
                            (i) likelihood to meet or exceed the
                        standards referred to in subsection (b)(2);
                            (ii) likelihood to maximize cost-effective
                        energy efficiency opportunities; and
                            (iii) advanced energy efficiency
                        technologies; and
                    (B) maximize the leverage of private investment for
                costs related to increasing the energy efficiency of
                the building.
            (3) Consideration.--The Secretary shall give due
        consideration to proposals for buildings that are likely to
        serve low and moderate income populations.
            (4) Amount of grants.--Grants under this subsection shall
        be for up to 50 percent of design and energy modeling costs,
        not to exceed $50,000 per building. No single grantee may be
        eligible for more than 3 grants per year under this program.
            (5) Grant payments.--
                    (A) Initial payment.--The Secretary shall pay 50
                percent of the total amount of the grant to grant
                recipients upon selection.
                    (B) Remainder of payment.--The Secretary shall pay
                the remaining 50 percent of the grant only after
                independent certification, by a professional engineer
                or other qualified professional, that operational
                buildings are energy efficient buildings as defined in
                subsection (b).
                    (C) Failure to comply.--The Secretary shall not
                provide the remainder of the payment unless the
                building is certified within 6 months after operation
                of the completed building to meet the requirements
                described in subparagraph (B), or in the case of major
                renovations the building is certified within 6 months
                of the completion of the renovations.
            (6) Report to congress.--Not later than 3 years after
        awarding the first grant under this subsection, the Secretary
        shall transmit to Congress a report containing--
                    (A) the total number and dollar amount of grants
                awarded under this subsection; and
                    (B) an estimate of aggregate cost and energy
                savings enabled by the pilot program under this
                subsection.
            (7) Administrative expenses.--Administrative expenses for
        the program under this subsection shall not exceed 10 percent
        of appropriated funds.
    (b) Definition of Energy Efficient Building.--For purposes of this
section the term ``energy efficient building'' means a building that--
            (1) achieves a reduction in energy consumption of--
                    (A) at least 30 percent for new construction,
                compared to the energy standards set by the 2004
                International Energy Conservation Code (in the case of
                residential buildings) or ASHRAE Standard 90.1-2004; or
                    (B) at least 20 percent for major renovations,
                compared to energy consumption before renovations are
                begun;
            (2) is constructed or renovated in accordance with the most
        current, appropriate, and applicable voluntary consensus
        standards, as determined by the Secretary, such as those listed
        in the assessment under section 914(b), or revised or developed
        under section 914(c), of the Energy Policy Act of 2005; and
            (3) after construction or renovation--
                    (A) uses heating, ventilating, and air conditioning
                systems that perform at no less than Energy Star
                standards; or
                    (B) if Energy Star standards are not applicable,
                uses Federal Energy Management Program recommended
                heating, ventilating, and air conditioning products.
    (c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $10,000,000
for each of the fiscal years 2008 through 2012.

Summary: Energy Efficient Buildings Act of 2007 - Directs the Secretary of Energy to: (1) establish a pilot program to award grants to businesses and organizations for new construction or major renovations of energy efficient buildings that will result in innovative energy efficiency technologies, especially those sponsored by the Department of Energy. And (2) give due consideration to proposals for buildings that are likely to serve low and moderate income populations. Defines energy efficient building as one that after construction or renovation: (1) uses heating, ventilating, and air conditioning systems that perform at no less than Energy Star standards. Or (2) if Energy Star standards are not applicable, uses Federal Energy Management Program recommended heating, ventilating, and air conditioning products.

To establish a program of demonstration and commercial application of advanced energy efficiency technologies and systems for buildings, and for other purposes.