SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spirit of America Commemorative Coin
Act of 2001''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) On September 11, 2001, the United States suffered the
        worst act of terrorism in its history.
            (2) The more than 6,000 people who lost their lives as a
        result of the terrorist attacks that occurred in New York City,
        at the Pentagon, and in Pennsylvania on September 11, 2001,
        will not be forgotten.
            (3) Hundreds of emergency personnel responded heroically to
        the crisis and lost their lives as a result.
            (4) People from everywhere in the United States responded
        to the crisis with an outpouring of support for the victims of
        the terrorist attacks and their families.
            (5) The civilized world stands with strength and fortitude
        in opposition to the cowardly terrorist attacks against the
        United States that occurred on September 11, 2001.
            (6) It is essential to remember not only the tragedy of the
        attacks, but also the strength and resolve demonstrated by the
        people of the United States in the aftermath of the attacks.
            (7) The minting of coins in commemoration of the Spirit of
        America will pay tribute to the countless heroes who risked
        their lives during the terrorist attacks and in their aftermath
        so that others may live and to a united people whose belief in
        freedom, justice, and democracy has never swayed.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--In commemoration of the Spirit of America, the
Secretary of the Treasury (hereafter in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
            (1) $50 gold coins.--Such number of 50 dollar coins as the
        Secretary determines under subsection (b), which shall--
                    (A) weigh 1 ounce;
                    (B) have a diameter of 1.287 inches; and
                    (C) contain 91.67 percent gold and 8.33 percent
                alloy.
            (2) $1 silver coins.--Such number of 1 dollar coins as the
        Secretary determines appropriate to meet demand, which shall--
                    (A) weigh 26.73 grams;
                    (B) have a diameter of 1.500 inches; and
                    (C) contain 90 percent silver and 10 percent
                copper.
            (3) Half dollar clad coins.--Such number of half dollar
        coins as the Secretary determines appropriate to meet demand,
        which shall--
                    (A) weigh 11.34 grams;
                    (B) have a diameter of 1.205 inches; and
                    (C) be minted to the specifications for half dollar
                coins contained in section 5112(b) of title 31, United
                States Code.
    (b) Number of Gold Coins.--The Secretary, in consultation with the
Attorney General of the United States and the Governors of New York,
Pennsylvania, and Virginia shall determine the number of innocent
individuals confirmed or presumed to have been killed as a result of
the terrorist attacks against the United States that occurred on
September 11, 2001, and shall identify such individuals. The Secretary,
under subsection (a)(1), shall mint and issue a number of 50 dollar
coins equal to the number of such individuals.
    (c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
    (d) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
    (e) Sources of Bullion.--For the purpose of minting coins under
this Act, the Secretary may only use metals that are from natural
deposits in the United States or any territory or possession of the
United States.
    (f) Special Treatment Under Exigent Circumstances.--
            (1) Findings.--The Congress finds as follows:
                    (A) The limitations contained in paragraphs (1) and
                (2)(A) of section 5112(m) of title 31, United States
                Code, and section 5134(f)(1)(B) of such title have well
                served, and continue to serve, their purpose of
                bringing greater stability to the markets for
                commemorative coins, maximizing demand and
                participation in such programs, and ensuring that such
                programs have a broad base of private support and are
                not used as the primary means of fundraising by
                organizations that are the recipients of surcharges.
                    (B) The shocking circumstances of September 11,
                2001, the broad base of public interest in showing the
                Spirit of America and participating in the raising of
                funds for the victims of the crimes committed on that
                date, and the importance of implementing this coin
                program as quickly as possible, notwithstanding the
                fact that 2 commemorative coin programs are already in
                effect for 2001 and 2002, justify exempting the coins
                produced under this Act from such limitations.
            (2) Exemption.--Paragraphs (1) and (2) of section 5112(m)
        of title 31, United States Code, and section 5134(f)(1)(B) of
        such title shall not apply to coins authorized under this Act.

SEC. 4. DESIGN OF COINS.

    (a) In General.--The design of the coins minted under this Act
shall be emblematic of the tragic events that occurred at the Pentagon,
in New York City, and in Pennsylvania, on September 11, 2001.
    (b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
            (1) a designation of the value of the coin;
            (2) an inscription of the date ``September 11, 2001'' (and
        such coin shall bear no other date); and
            (3) inscriptions of the words ``Liberty'', ``In God We
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (c) Obverse of Coin.--The obverse of each coin minted under this
Act shall bear the likeness of--
            (1) the Pentagon; and
            (2) the flag of the United States.
    (d) Reverse of Coin.--The reverse of each coin minted under this
Act shall bear the likeness of the World Trade Center in New York City.
    (e) Selection.--The design for the coins minted under this Act
shall be selected by the Secretary after consultation with the
Commission of Fine Arts.

SEC. 5. STRIKING AND ISSUANCE OF COINS.

    (a) Quality of Coins.--
            (1) In general.--Except as provided under paragraph (2),
        coins minted under this Act shall be issued in uncirculated
        quality.
            (2) Gold coins.--50 dollar coins minted under section
        3(a)(1) shall be issued only in proof quality.
    (b) Mint Facility.--
            (1) In general.--Except as provided under paragraph (2),
        only 1 facility of the United States Mint may be used to strike
        any particular quality of the coins minted under this Act.
            (2) Clad coins.--Any number of facilities of the United
        States Mint may be used to strike the half dollar coins minted
        under section 3(a)(3).
    (c) Period for Issuance.--The Secretary--
            (1) shall commence issuing coins minted under this Act as
        soon as possible after the date of the enactment of this Act;
        and
            (2) shall not issue any coins after the end of the 1-year
        period beginning on the date such coins are first issued.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--The coins issued under paragraphs (2) and (3) of
section 3(a) shall be sold by the Secretary at a price equal to the sum
of--
            (1) the face value of the coins;
            (2) the surcharges required by section 7(a) with respect to
        such coins; and
            (3) the cost of designing and issuing the coins (including
        labor, materials, dies, use of machinery, overhead expenses,
        marketing, and shipping).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under paragraphs (2) and (3) of section 3(a) at a reasonable
discount.
    (c) Prepaid Orders.--The Secretary shall accept prepaid orders
received before the issuance of the coins minted under paragraphs (2)
and (3) of section 3(a). The sale prices with respect to such prepaid
orders shall be at a reasonable discount.
    (d) Gold Coins.--Notwithstanding section 5(c)(2), the Secretary may
issue a 50 dollar coin minted under section 3(a)(1) free of charge to
the next of kin of each individual identified under section 3(b). The
Secretary may not sell any 50 dollar coin minted under section 3(a)(1)
and may not issue any such coin except as provided in the preceding
sentence.

SEC. 7. SURCHARGES ON SALE OF COINS.

    (a) Assessment.--Any sale by the Secretary of a coin minted under
this Act shall include a surcharge of an amount determined by the
Secretary to be sufficient to cover the cost of the gold coins minted
under section 3(a)(1) (including labor, materials, dies, use of
machinery, overhead expenses, and shipping), which charge may not be
less than--
            (1) $10 per coin for the 1 dollar coin; and
            (2) $5 per coin for the half dollar coin.
    (b) Distribution of Excess Proceeds.--To the extent provided in
advance in appropriation Acts, any proceeds from the surcharges
received by the Secretary from the sale of coins issued under this Act
in excess of the cost of producing all coins issued under this Act
shall be paid promptly by the Secretary to the Office for Victims of
Crime, in the Department of Justice, for the purpose of providing
assistance to individuals who were injured, and to the families of
individuals who were killed or injured, in the terrorist attacks
against the United States on September 11, 2001.

SEC. 8. VICTIMS OF SEPTEMBER 11TH FUND.

    (a) Establishment.--There is hereby established on the books of the
Treasury a fund to be known as the ``Victims of September 11th Fund''
(hereinafter in this section referred to as the ``Fund''), to be
administered by the Attorney General, acting through the Director of
the Office for Victims of Crime.
    (b) Amounts.--The Fund shall consist of the amounts transferred to
the Office for Victims of Crime pursuant to section 7(b).
    (c) Use.--Subject to subsection (d), amounts in the Fund shall be
used to provide assistance to individuals who were injured, and to the
families of individuals who were killed or injured, in the terrorist
attacks against the United States on September 11, 2001.
    (d) Administrative Costs.--No cost incurred in providing assistance
under subsection (c), or in administering the Fund, shall be paid from
the Fund or set off against or otherwise deducted from any assistance
to any individual.
    (e) Investment.--Amounts in the Fund shall be invested in
accordance with section 9702 of title 31, United States Code, and any
interest on, and proceeds from, any such investment shall be credited
to and become a part of the Fund.
    (f) Coordination With September 11th Victim Compensation Fund of
2001.--No assistance provided under subsection (c), including
assistance in the form of cash, shall be considered collateral source
compensation for purposes of title IV of the Air Transportation Safety
and System Stabilization Act (Public Law 107-42).
    (g) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this section.

Summary: Spirit of America Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue $50 gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the tragic events that occurred at the Pentagon, in New York City, and in Pennsylvania, on September 11, 2001. Establishes the Victims of September 11th Fund which shall consist of amounts from surcharges received from the sale of such coins transferred to the Office for Victims of Crime for individuals who were injured, and to the families of individuals who were killed or injured, in the terrorist attacks against the United States on September 11, 2001.

To require the Secretary of the Treasury to mint coins in commemoration of the Spirit of America and to establish the Victims of September 11th Fund.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe and Secure Border
Infrastructure Act''.

SEC. 2. ESTABLISHMENT OF SAFE AND SECURE BORDER INFRASTRUCTURE GRANTS.

    The Secretary of Transportation, in consultation with the Secretary
of Homeland Security and the governors of the border States, shall
establish a grant program, which shall be administered by the Secretary
of Transportation and the Administrator of General Services, to
construct transportation and supporting infrastructure improvements at
existing and new international border crossings to facilitate the safe,
secure, and efficient cross-border movement of motor vehicles, non-
motor vehicles, cargo, and individuals, including pedestrians.

SEC. 3. ELIGIBILITY.

    The projects eligible to receive a grant under this Act shall
include--
            (1) highway or bridge projects eligible under title 23,
        United States Code;
            (2) public transportation projects eligible under chapter
        53 of title 49, United States Code;
            (3) demonstration and pilot projects related to innovative
        cross border systems management; and
            (4) passenger and freight rail transportation projects.

SEC. 4. APPLICATIONS.

    To be eligible to receive a grant under this Act, a State or
metropolitan planning organization located in a border region shall
submit to the Secretary of Transportation an application that
demonstrates--
            (1) an established master plan for border infrastructure
        investments that demonstrates awareness of the relevant border
        stakeholder interests at the Federal, State, and regional
        level;
            (2) that receipt of the grant applied for under this Act
        would complete an overall financing package;
            (3) the ability to provide a non-Federal match of 50
        percent of the total cost of the project;
            (4) the satisfaction of all Federal and State environmental
        requirements prior to the submission of the application for the
        grant; and
            (5) a plan to obligate any funds received under this Act by
        the end of the fiscal year following the year in which those
        funds are awarded.

SEC. 5. PRIMARY SELECTION CRITERIA.

    In awarding a grant under this Act, the Secretary of
Transportation, in consultation with the Administrator of General
Services, shall give priority to projects that accomplish one or more
of the following objectives:
            (1) Improve the safety and security at facilities in the
        United States, including ports of entry.
            (2) Facilitate safe, secure, and legal trade crossings of
        motor vehicles, non-motor vehicles, cargo, and individuals,
        including pedestrians, to alleviate border congestion and
        reduce the economic effect of border wait times and delays.
            (3) Implement innovative technologies that enhance safety,
        security, or efficiency at the border.
            (4) Coordinate a system of projects that improve security
        and systems efficiencies at ports of entry.
            (5) Facilitate economic development strategies with respect
        to safety and security.
            (6) Implement congestion relief and air quality management
        strategies to improve the environment.

SEC. 6. APPORTIONMENT OF FUNDS.

    Of the amounts appropriated to carry out this Act, the Secretary of
Transportation, in consultation with the Administrator of General
Services, shall apportion such amounts as follows:
            (1) 20 percent in the ratio that----
                    (A) the total number of incoming commercial trucks
                that pass through land border ports of entry within the
                boundaries of an eligible State; bears to
                    (B) the total number of incoming commercial trucks
                that pass through land border ports of entry within the
                boundaries of all eligible border States.
            (2) 30 percent in the ratio that--
                    (A) the total number of incoming personal motor
                vehicles and incoming buses that pass through land
                border ports of entry within the boundaries of an
                eligible State; bears to
                    (B) the total number of incoming personal motor
                vehicles and incoming buses that pass through land
                border ports of entry within the boundaries of all
                eligible border States.
            (3) 25 percent in the ratio that--
                    (A) the total weight of incoming cargo by
                commercial trucks that pass through land border ports
                of entry within the boundaries of an eligible State;
                bears to
                    (B) the total weight of incoming cargo by
                commercial trucks that pass through land border ports
                of entry within the boundaries of all eligible border
                States.
            (4) 25 percent of the ratio that--
                    (A) the total number of land border ports of entry
                within the boundaries of an eligible State; bears to
                    (B) the total number of land border ports of entry
                within the boundaries of all eligible border States.

SEC. 7. DEFINITIONS.

    In this Act--
            (1) the term ``border region'' means any portion of a
        border State within 10 miles of an international land border
        with Canada or Mexico;
            (2) the term ``border State'' means any State that has an
        international land border with Canada or Mexico;
            (3) the term ``commercial truck'' means a commercial
        vehicle as defined in section 31301(4) (other than subparagraph
        (B)) of title 49, United States Code;
            (4) the term ``motor vehicle'' has the meaning such term
        has under Section 154(a)(2) of title 23, United States Code;
        and
            (5) the term ``State'' has the meaning such term has in
        section 101(a)(25) of title 23.

Summary: Safe and Secure Border Infrastructure Act - Directs the Secretary of Transportation (DOT) to establish a safe and secure border infrastructure grant program, administered jointly by the Secretary and the Administrator of General Services (GSA), to construct transportation infrastructure improvements at existing and new international border crossings for the safe, secure, and efficient cross-border movement of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians. Requires the Secretary to award grants to metropolitan planning organizations (MPOs) located along the international border with Canada and Mexico, giving priority to projects that accomplish one or more of the following: (1) improve the safety and security at US facilities, including ports of entry. (2) facilitate safe, secure, and legal trade crossings of motor vehicles, non-motor vehicles, cargo, and individuals, including pedestrians, to alleviate border congestion and reduce the economic effect of border wait times and delays. (3) implement innovative technologies that enhance safety, security, or efficiency at the border. (4) coordinate projects that improve security and systems efficiencies at ports of entry. (5) facilitate economic development strategies with respect to safety and security. And (6) implement congestion relief and air quality management strategies to improve the environment. Specifies allocations of any funds appropriated to carry out this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Detention of Enemy Combatants Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The al Qaeda terrorist organization and its leaders
        have committed unlawful attacks against the United States,
        including the August 7, 1998, bombings of the United States
        Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the
        October 12, 2000, attack on the U.S.S. COLE (DDG-67), and the
        September 11, 2001, attacks on the United States.
            (2) The al Qaeda terrorist organization and its leaders
        have threatened renewed attacks on the United States and have
        threatened the use of weapons of mass destruction.
            (3) The United Nations Security Council, in Resolutions
        1368 and 1373, declared in September 2001 that the September 11
        attacks against the United States constitute a threat to
        international peace and security.
            (4) The United States is justified in exercising its right
        of self-defense pursuant to international law and the United
        Nations Charter.
            (5) Congress authorized the President on September 18,
        2001, to use all necessary and appropriate force against those
        nations, organizations, or persons that he determines to have
        planned, authorized, committed, or aided the September 11
        terrorist attacks or harbored such organizations or persons, in
        order to prevent any future acts of international terrorism
        against the United States, within the meaning of section 5(b)
        of the War Powers Resolution.
            (6) The United States and its allies are engaged in armed
        conflict with al Qaeda.
            (7) Al Qaeda and its terrorist allies have a presence in
        more than 60 nations around the world, including the United
        States. United States citizens and residents have been detained
        as enemy combatants in the struggle against al Qaeda.
            (8) The term ``enemy combatant'' has historically referred
        to all of the citizens of a state with which the Nation is at
        war, and who are members of the armed force of that enemy
        state. Enemy combatants in the present conflict, however, come
        from many nations, wear no uniforms, and use unconventional
        weapons. Enemy combatants in the war on terrorism are not
        defined by simple, readily apparent criteria, such as
        citizenship or military uniform. And the power to name a
        citizen as an ``enemy combatant'' is therefore extraordinarily
        broad.
            (9) There is precedent for detaining American citizens as
        enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of
        the 8 German soldiers who planned acts of sabotage within the
        United States claimed American citizenship. Detention of enemy
        combatants who are United States citizens is appropriate to
        protect the safety of the public and those involved in the
        investigation and prosecution of terrorism, to facilitate the
        use of classified information as evidence without compromising
        intelligence or military efforts, to gather unimpeded vital
        information from the detainee, and otherwise to protect
        national security interests.
            (10) The Executive must be allowed broad latitude to
        establish by regulation and Executive order the process,
        standards, and conditions in which a United States citizen or
        lawful resident may be detained as an enemy combatant. Courts
        must give broad deference to military judgment concerning the
        determination of enemy combatant status, POW status, and
        related questions.
            (11) Section 4001(a) of title 18, United States Code,
        provides that ``no citizen shall be imprisoned or otherwise
        detained by the United States except pursuant to an Act of
        Congress''. Section 4001 was designed to repeal the Emergency
        Detention Act of 1950, and ensure that there was a statutory
        basis for any detention. As Chief Justice Burger wrote in Howe
        v. Smith, 452 U.S. 473 (1981), ``the plain language of section
        4001(a) proscribes detention of any kind by the United States,
        absent a congressional grant of authority to detain''.
            (12) By this Act, the Congress authorizes the President to
        detain enemy combatants who are United States persons or
        residents who are members of al Qaeda, or knowingly cooperated
        with members of al Qaeda in the planning, authorizing,
        committing, aiding, or abetting of one or more terrorist acts
        against the United States.
            (13) During wartime, a nation must take extraordinary steps
        to protect itself, including measures that would never be
        acceptable during peacetime. Nonetheless, ``the Constitution of
        the United States is a law for rulers and people, equally in
        war and in peace, and covers with the shield of its protection
        all classes of men, at all times, and under all
        circumstances.'' Ex Parte Milligan.
            (14) Nothing in this Act permits the Government, even in
        wartime, to detain American citizens or other persons lawfully
        in the United States as enemy combatants indefinitely without
        charges and hold them incommunicado without a hearing and
        without access to counsel on the basis of a unilateral
        determination that the person may be connected with an
        organization that intends harm to the United States. The
        Supreme Court has held that a citizen held in the United States
        as an enemy combatant must be given a meaningful opportunity to
        challenge the factual basis for that detention before a neutral
        decisionmaker. Hamdi v. Rumsfeld, 542 U.S. 1 (2004). The
        Supreme Court has held that even enemy aliens within the United
        States are entitled to habeas review of their conviction. Ex
        Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339
        U.S. 763 (1950).
            (15) The validity of the detention of citizens as enemy
        combatants may be challenged by a writ of habeas corpus. As the
        right of habeas corpus may be effectively nullified by denial
        of the assistance of counsel, a citizen detained as an enemy
        combatant may not be indefinitely denied access to counsel.
            (16) The Congress has a responsibility for maintaining
        vigorous oversight of detention of United States citizens and
        lawful residents to assure that such detentions are consistent
        with due process.

SEC. 3. DETENTION OF ENEMY COMBATANTS.

    (a) Authority.--A United States person or resident may be detained
as an enemy combatant in accordance with this Act if the United States
person or resident is a member of al Qaeda, or knowingly cooperated
with a member of al Qaeda in the planning, authorizing, committing,
aiding, or abetting of one or more terrorist acts against the United
States. Nothing in this Act shall apply to a United States person or
resident who is a prisoner of war within the meaning of the Geneva
Convention Relative to the Treatment of Prisoners of War, signed at
Geneva on August 12, 1949 (6 UST 3316).
    (b) Authority to Establish Procedural Rules.--The Secretary of
Defense, in consultation with the Secretary of State and the Attorney
General, shall prescribe and publish in the Federal Register, and
report to the Committees on the Judiciary of the Senate and the House
of Representatives, the standards, process, and criteria to be used for
the determination that an American citizen or lawful resident is an
enemy combatant under subsection (a) and for the detention of such an
enemy combatant.

SEC. 4. PROCEDURAL REQUIREMENTS.

    The rules prescribed for the detention of enemy combatants shall
establish clear standards and procedures governing detention of a
United States person or resident that preserve the Government's ability
to detain those who may threaten the United States, assist in the
gathering of vital intelligence, and protect the confidentiality of
that information or any other information which, if released, could
impede the Government's investigation of terrorism. Such rules shall
also guarantee timely access to judicial review to challenge the basis
for a detention, and permit the detainee access to counsel.

SEC. 5. DETENTION.

    (a) Duration of Detention.--
            (1) Limitation.--A United States person or resident may be
        detained under subsection (a) of section 3 only while there is
        in effect for the purposes of this section a certification by
        the President that--
                    (A) the United States Armed Forces are engaged in a
                state of armed conflict with al Qaeda and an
                investigation with a view toward prosecution, a
                prosecution, or a post-trial proceeding in the case of
                such person or resident is ongoing; or
                    (B) detention is warranted in order to prevent such
                person or resident from aiding persons attempting to
                commit terrorist acts against the United States.
            (2) Certification and recertification.--A certification
        referred to in paragraph (1) shall be effective for 180 days.
        The President may make successive certifications under that
        paragraph.
    (b) Detention Review.--The United States District Court for the
District of Columbia shall have exclusive jurisdiction to review any
detention under this Act to ensure that the requirements of this Act
for detaining an accused are satisfied.
    (c) Conditions of Detention.--A person detained under this Act
shall be--
            (1) detained at an appropriate location designated by the
        Secretary of Defense;
            (2) treated humanely, without any adverse distinction based
        on race, color, religion, gender, birth, wealth, or any similar
        criteria;
            (3) afforded adequate food, drinking water, shelter,
        clothing, and medical treatment;
            (4) sheltered under hygienic conditions and provided
        necessary means of personal hygiene; and
            (5) allowed the free exercise of religion consistent with
        the requirements of such detention.

SEC. 6. REPORTS TO CONGRESS.

    Not less often than once every 12 months, the President shall
submit to the Congress a report on the use of the authority provided by
this Act. Each such report shall specify each individual subject to, or
detained pursuant to, the authority provided by this Act.

SEC. 7. UNITED STATES PERSON OR RESIDENT DEFINED.

    In this Act, the term ``United States person or resident'' means--
            (1) a United States person, as such term is defined in
        section 101(i) of the Foreign Intelligence Surveillance Act of
        1978 (50 U.S.C. 1801(i)); or
            (2) an alien lawfully admitted to the United States for
        permanent residence.

SEC. 8. TERMINATION OF AUTHORITY.

    The authority under this Act may not be exercised after December
31, 2007.

Summary: Detention of Enemy Combatants Act - Authorizes the detention of a US person or resident as an enemy combatant if that individual is an al Qaeda member or knowingly cooperated with an al Qaeda member in planning, authorizing, committing, aiding, or abetting a terrorist act against the United States. Directs the Secretary of Defense to prescribe, publish, and report the standards, process, and criteria: (1) to be used in determining that an American citizen or lawful resident is an enemy combatant. And (2) for that individual's detention. Requires rules for the detention of enemy combatants to: (1) establish clear standards and procedures that meet specified requirements, including preserving the Government's ability to detain those who may threaten the United States. And (2) guarantee timely access to judicial review and permit the detainee access to counsel. Authorizes a US person to be detained as an enemy combatant only while there is in effect a presidential certification that: (1) the US armed forces are in a state of armed conflict with al Qaeda and an investigation, prosecution, or post-trial proceeding regarding such person is ongoing. Or (2) detention is warranted to prevent such individual from aiding persons attempting to commit terrorist acts against the United States. Grants the US District Court for the District of Columbia exclusive jurisdiction to review any detention under this Act. Requires that detainees be: (1) detained at an appropriate location, (2) treated humanely, (3) afforded adequate food, water, shelter, clothing, and medical treatment, (4) sheltered under hygienic conditions. And (5) allowed the free exercise of religion consistent with specified requirements.

To authorize the President to detain an enemy combatant who is a United States person or resident who is a member of al Qaeda or knowingly cooperated with members of al Qaeda, to guarantee timely access to judicial review to challenge the basis for a detention, to permit the detainee access to counsel, and for other purposes.


TITLE I--EXPANSION OF CERTAIN WILDERNESS AREAS

SEC. 101. PTARMIGAN PEAK WILDERNESS.

    Section 2(a)(18) of the Colorado Wilderness Act of 1993 (Public Law
103-77; 16 U.S.C. 1132 note) is amended by inserting after ``January,
1993'' the following: ``; the approximately 2,000 acres of land known
as Ute Pass and the approximately 900 acres of land known as Acorn
Creek, both located in Summit County, Colorado, and generally depicted
on the map entitled `Ptarmigan Peak', numbered ____, and dated ____.''.

SEC. 102. RAGGEDS WILDERNESS.

    Section 102(a)(16) of Public Law 96-560 (16 U.S.C. 1132 note; 94
Stat. 3267) is amended by inserting after ``November 1980'' the
following: ``; and the approximately 1,500 acres of land located in
Gunnison County, Colorado, and generally depicted on the map entitled
`Raggeds', numbered ____, and dated ____''.

SEC. 103. HUNTER-FRYINGPAN WILDERNESS.

    Section 2(e) of the Endangered American Wilderness Act of 1978 (16
U.S.C. 1132 note; 92 Stat. 41) is amended by inserting after ``Area--
Proposed'' the following: ``; the approximately 3,000 acres of land
known as North Independence A and the approximately 1,100 acres of land
known as Hunter both located in Pitkin County, Colorado, and generally
depicted on the map entitled `Hunter-Fryingpan', numbered ____, and
dated ____''.

                TITLE II--RED TABLE MOUNTAIN WILDERNESS

SEC. 201. RED TABLE MOUNTAIN WILDERNESS.

    (a) Red Table Mountain Wilderness.--In furtherance of the purposes
of the Wilderness Act, the approximately 50,000 acres of land located
in Eagle County, Colorado, and generally depicted on the map entitled
``Red Table'', numbered ____, and dated ____'' are hereby designated as
wilderness and therefore as a component of the National Wilderness
Preservation System. Such component shall be known as ``Red Table
Mountain Wilderness''.
    (b) Management.--Subject to valid existing rights, land designated
as wilderness by this title shall be managed by the Secretary, as
appropriate, in accordance with this title and--
            (1) the Wilderness Act (16 U.S.C. 1131 et seq.), except
        that, with respect to any wilderness areas designated by this
        title, any reference in the Wilderness Act to the effective
        date of the Wilderness Act shall be deemed to be a reference to
        the date of the enactment of this title;
            (2) the Federal Land Policy and Management Act of 1976 (43
        U.S.C. 1701 et seq.); and
            (3) other applicable law.
    (c) Water Infrastructure.--Nothing in this title (including the
provisions related to establishment or management of the Red Table
Mountain Wilderness Area) shall affect, impede, interfere with, or
diminish the operation, existence, access, maintenance, improvement, or
construction of water facilities and infrastructure, rights-of-way, or
other water-related property, interests, and uses, (including the use
of motorized vehicles and equipment existing or located on lands within
the Red Table Mountain Wilderness Area).
    (d) High Voltage Transmission Electricity Lines or Electrical Power
Lines.--The Secretary shall allow for maintenance of rights-of-ways and
access roads located within the Red Table Mountain Wilderness Area to
the extent necessary to operate a transmission line or electrical power
line in a manner that avoids negative impacts on public safety and
allows for compliance with State and/or Federal safety requirements.
Such maintenance may include vegetation management, road maintenance,
ground stabilization, and motorized vehicle access.
    (e) Withdrawals.--Subject to valid existing rights, all Federal
lands within the Red Table Mountain Wilderness Area are withdrawn
from--
            (1) all forms of entry, appropriation, or disposal under
        the public land laws;
            (2) location, entry, and patent under the mining laws; and
            (3) the operation of the mineral leasing, mineral
        materials, and geothermal leasing laws, and all amendments
        thereto.
    (f) Aerial Navigation Training Exercises.--
            (1) In general.--The Colorado Army National Guard, through
        the High Altitude ARNG Aviation Training Site, shall continue
        to be allowed to conduct aerial navigation training maneuver
        exercises over and upon the lands within the Red Table Mountain
        Wilderness Area in a manner consistent with the memorandum of
        understanding dated August 4, 1987, (or a subsequent memorandum
        of understanding entered into by all of the same parties),
        among the Colorado Army National Guard, the Bureau of Land
        Management, and the United States Forest Service as interpreted
        and implemented prior to the date of the enactment of this
        title.
            (2) Review and modification of memorandum of
        understanding.--The memorandum of understanding referred to in
        paragraph (1) may be modified subject to the agreement of all
        parties thereto. The parties to the memorandum of understanding
        shall review the memorandum and associated annual operating
        plan not later than 180 days after the date of the enactment of
        this title, and annually thereafter while the memorandum of
        understanding is in effect. The review shall include
        consideration of alternative locations over National Forest
        System lands and lands administered by the Bureau of Land
        Management outside of the Red Table Mountain Wilderness Area
        for the conduct of activities identified in the memorandum. If
        the Colorado Army National Guard identifies such an alternate
        location outside of the Red Table Mountain Wilderness Area that
        meets its aerial training needs, the memorandum of
        understanding shall be modified accordingly, subject to the
        agreement of all parties thereto.
    (g) Hunting and Fishing.--Nothing in this title shall affect the
authority of the Colorado Division of Wildlife to regulate hunting or
fishing in the Red Table Mountain Wilderness Area.
    (h) Grazing.--
            (1) In general.--Except as provided by paragraph (2), the
        Secretary shall issue and administer any grazing leases or
        permits in the Red Table Mountain Wilderness Area in accordance
        with the same laws (including regulations) and Executive orders
        followed by the Secretary in issuing and administering grazing
        leases and permits on other land under the jurisdiction of the
        Forest Service.
            (2) Grazing in wilderness area.--Grazing of livestock in
        the Red Table Mountain Wilderness Area on lands that are under
        the jurisdiction of the Forest Service shall be administered in
        accordance with the provisions of section 4(d)(4) of the
        Wilderness Act (16 U.S.C. 1133(d)(4)), in accordance with the
        guidelines set forth under the heading ``Grazing in National
        Forest Wilderness'' in House Report 96-617 of the 96th
        Congress.
    (i) No Buffer Zones.--Congress does not intend for the
establishment of the Red Table Mountain Wilderness Area to lead to the
creation of protective perimeters or buffer zones around the Red Table
Mountain Wilderness Area. The fact that there may be activities or uses
on lands outside the Red Table Mountain Wilderness Area that would not
be allowed in the Red Table Mountain Wilderness Area shall not preclude
such activities or uses on such lands up to the boundary of the Red
Table Mountain Wilderness Area consistent with other applicable laws.

SEC. 202. WATER RIGHTS.

    (a) Findings.--Congress finds as follows:
            (1) The lands designated as wilderness by this title are
        located at the headwaters of the streams and rivers on those
        lands, with few, if any, actual or proposed water resource
        facilities located upstream from such lands and few, if any,
        opportunities for diversion, storage, or other uses of water
        occurring outside such lands that would adversely affect the
        wilderness or other values of such lands.
            (2) The lands designated as wilderness by this title
        includes several water resource facilities which provide for
        important water storage and transmission of water for the
        benefit of private owners of decreed water rights and the Town
        of Gypsum.
            (3) It is possible to provide for proper management and
        protection of the wilderness and other values of such lands in
        ways different from those used in other legislation designating
        as wilderness lands not sharing the attributes of the lands
        designated as wilderness by this title.
    (b) Statutory Construction.--
            (1) Nothing in this title shall constitute or be construed
        to constitute either an express or implied reservation of any
        water or water rights with respect to the land designated as
        wilderness by this title.
            (2) Nothing in this title shall affect any conditional or
        absolute water rights in the State of Colorado existing on the
        date of the enactment of this title.
            (3) Nothing in this subsection shall be construed as
        establishing a precedent with regard to any future wilderness
        designations.
            (4) Nothing in this title shall be construed as limiting,
        altering, modifying, or amending any of the interstate compacts
        or equitable apportionment decrees that apportion water among
        and between the State of Colorado and other States.
    (c) Prohibition Against Instream Flow Permit Conditions.--The
Secretary shall not, as a condition of permit renewal for existing
facilities on National Forest System lands, impose bypass or other
minimum instream flow requirements within or upstream of the Red Table
Mountain Wilderness Area.

SEC. 203. MAPS AND LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of the
enactment of this title, the Secretary shall submit to Congress a copy
of the maps referred to in section 201 and legal descriptions of the
land designated as wilderness by this title. The Secretary shall
reflect, as necessary, the boundaries referred to in subsection (e) on
the maps and legal descriptions submitted under this subsection.
    (b) Force and Effect.--The maps and legal descriptions shall have
the same force and effect as if included in this title, except that the
Secretary may correct clerical and typographical errors in the Map and
the legal descriptions.
    (c) Public Availability.--Copies of the maps and the legal
descriptions shall be on file and available for public inspection in--
            (1) the office of the Chief of the Forest Service; and
            (2) the office of the White River National Forest in
        Glenwood Springs, Colorado.
    (d) Map Controlling.--In the case of a discrepancy between the maps
and the legal descriptions, the maps shall control.
    (e) Areas Not Included in Red Table Mountain Wilderness.--
Notwithstanding the Map, or any other provision of this title, the
following areas shall not be included in the Red Table Mountain
Wilderness Area:
            (1) Any FAA site, parking area, or appurtenant access
        roads, power lines, facility or equipment, including an area 25
        yards surrounding any such site, facility, area, or equipment.
            (2) The Town of Gypsum's Mosher intake facility, and any
        pipes or related facilities, including an area at least 200
        linear feet upstream of the present facilities and 25 yards
        surrounding the facility and any related pipes or facilities.
            (3) The LEDE Ditch and Pipeline, and an access road for the
        LEDE Reservoir, including an area 25 yards surrounding any such
        ditch, pipeline or road.
            (4) The Eye Lake Reservoir and Eye Lake Supply Ditch, any
        related facilities in existence now or developed in the future
        designed to develop decreed water rights, including an area 25
        yards surrounding any such reservoir, ditch or facilities,
        unless the White River National Forest and the Town of Gypsum
        certify to the Chairman and Ranking Member of the House
        Resources Committee and the Senate Energy and Natural Resources
        Committee that the decreed diversion points for the above
        decreed water rights have been moved to the LEDE Reservoir, and
        any necessary permits or actions have been taken, thereby
        removing the need to utilize the Eye Lake Reservoir and Eye
        Lake Ditch.
            (5) Red Creek Road (FDR 425), Red Table Road (FDR 514),
        Muckey Lake Road (FDR 425.1B), and Antones Creek Road (FKR
        457), including an area 10 yards to either side of the roads.
            (6) FDR 464, FDR 433, and FDR 431, including an area 10
        yards to either side of the roads.
            (7) White Creek Trail (FDT 1862), Sundell Trail (FDT 1863),
        Sourdough Lake Trail (FDT 1863.1A), Muckey Lake Trail (FDT
        1863.2B), Mount Thomas Trail (FDT 1870), Antones Trail (FDT
        1871), and Antones Lakes Trail (FDT 1871.1C), including an area
        10 yards to either side of the trails.

Summary: Amends the Colorado Wilderness Act of 1993, Public Law 96-560 , and the American Wilderness Act of 1978 to designate specified lands in Acorn Creek, Gunnison, and Pitkin Counties, Colorado, as wilderness areas. Designates certain land in Eagle County, Colorado, as wilderness, the Red Table Mountain Wilderness Area . Directs the Secretary of Agriculture to allow for the maintenance of rights-of-way and access roads located within the Area in order to operate a transmission line or electrical power line. Withdraws all Federal lands within the Area from: (1) entry, appropriation, or disposal under the public land laws, (2) location, entry, and patent under the mining laws. And (3) the operation of the mineral leasing, mineral materials, and geothermal leasing laws. Permits continued aerial navigation training exercises by the Colorado Army National Guard in the Area. Declares that Congress does not intend for the establishment of protective perimeters or buffer zones around the Area. States that nothing in this Act shall be construed to: (1) constitute a reservation of any water or water rights in lands designated as wilderness, (2) affect any conditional or absolute water rights in Colorado, (3) establish a precedent with regard to future wilderness designations. Or (4) affect compacts and decrees apportioning water among and between Colorado and other States. Prohibits the Secretary from making instream flow permit conditions within or upstream of the Area on existing facilities on National Forest System lands.

To designate certain lands in Colorado as wilderness.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Taxpayers' Cancer Research Funding
Act of 1996''.

SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
              CANCER RESEARCH FUND.

    (a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:

 ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BREAST AND PROSTATE
                          CANCER RESEARCH FUND

                              ``Sec. 6098. Designation to Breast and
                                        Prostate Cancer Research Fund.

``SEC. 6098. DESIGNATION TO BREAST AND PROSTATE CANCER RESEARCH FUND.

    ``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $5
or more may designate that $5 shall be paid over to the Breast and
Prostate Cancer Research Fund in accordance with the provisions of
section 9512. In the case of a joint return of husband and wife having
an adjusted income tax liability of $10 or more, each spouse may
designate that $5 shall be paid to the fund.
    ``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
            ``(1) the income tax liability (as defined in section
        6096(b)) of the individual for the taxable year, over
            ``(2) any amount designated by the individual (and, in the
        case of a joint return, any amount designated by the
        individual's spouse) under section 6096(a) for such taxable
        year.
    ``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
            ``(1) at the time of filing the return of the tax imposed
        by chapter 1 for such taxable year, or
            ``(2) at any other time (after the time of filing the
        return of the tax imposed by chapter 1 for such taxable year)
        specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.''
    (b) Breast and Prostate Cancer Research Fund.--Subchapter A of
chapter 98 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. 9512. BREAST AND PROSTATE CANCER RESEARCH FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Breast and
Prostate Cancer Research Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
    ``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Breast and Prostate Cancer Research Fund amounts equivalent to the
amounts designated under section 6098.
    ``(c) Expenditures.--Amounts in the Breast and Prostate Cancer
Research Fund shall be available, as provided in appropriation Acts,
for purposes of making qualified research grants, to the extent that
such amounts exceed the aggregate of all Federal administrative costs
attributable to the implementation of section 6098, subsections (a) and
(b) of this section, and (with respect to such fund) section 9602. Such
amounts shall be used to supplement, not supplant, existing funding for
research with respect to breast and prostate cancer.
    ``(d) Qualified Research Grants.--
            ``(1) In general.--For purposes of subsection (c), the term
        `qualified research grant' means a grant, to a qualified person
        selected by the National Cancer Institute of the National
        Institutes of Health by qualified peer review, for the purpose
        of conducting research with respect to breast or prostate
        cancer. Such a grant shall be administered by such National
        Cancer Institute and the amount of such grant shall be
        determined by such Institute.
            ``(2) Qualified peer review.--For purposes of paragraph
        (1), the term `qualified peer review' means peer review
        described in sections 492 and 492A of the Public Health Service
        Act.''
    (c) Clerical Amendments.--
            (1) The table of parts for subchapter A of chapter 61 of
        the Internal Revenue Code of 1986 is amended by adding at the
        end the following new item:

                              ``Part IX. Designation of income tax
                                        payments to Breast and Prostate
                                        Cancer Research Fund.''
            (2) The table of sections for subchapter A of chapter 98 of
        such Code is amended by adding at the end the following new
        item:

                              ``Sec. 9512. Breast and Prostate Cancer
                                        Research Fund.''
    (d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.

Summary: Taxpayers' Cancer Research Funding Act of 1996 - Amends the Internal Revenue Code to allow certain individuals to designate that five dollars be paid over to the Breast and Prostate Cancer Research Fund. Establishes a trust fund to be known as the Breast and Prostate Cancer Research Fund into which such designated amounts shall be deposited.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Pro-Growth Budgeting Act of 2014''.

SEC. 2. MACROECONOMIC IMPACT ANALYSES.

    (a) In General.--Part A of title IV of the Congressional Budget Act
of 1974 is amended by adding at the end the following new section:

          ``macroeconomic impact analysis of major legislation

    ``Sec. 407.  (a) Congressional Budget Office.--The Congressional
Budget Office shall, to the extent practicable, prepare for each major
bill or resolution reported by any committee of the House of
Representatives or the Senate (except the Committee on Appropriations
of each House), as a supplement to estimates prepared under section
402, a macroeconomic impact analysis of the budgetary effects of such
bill or resolution for the ten fiscal-year period beginning with the
first fiscal year for which an estimate was prepared under section 402
and each of the next three ten fiscal-year periods. The Director shall
submit to such committee the macroeconomic impact analysis, together
with the basis for the analysis. As a supplement to estimates prepared
under section 402, all such information so submitted shall be included
in the report accompanying such bill or resolution.
    ``(b) Economic Impact.--The analysis prepared under subsection (a)
shall describe the potential economic impact of the applicable major
bill or resolution on major economic variables, including real gross
domestic product, business investment, the capital stock, employment,
interest rates, and labor supply. The analysis shall also describe the
potential fiscal effects of the bill or resolution, including any
estimates of revenue increases or decreases resulting from changes in
gross domestic product. To the extent practicable, the analysis should
use a variety of economic models in order to reflect the full range of
possible economic outcomes resulting from the bill or resolution. The
analysis (or a technical appendix to the analysis) shall specify the
economic and econometric models used, sources of data, relevant data
transformations, and shall include such explanation as is necessary to
make the models comprehensible to academic and public policy analysts.
    ``(c) Reporting on Accuracy of Macroeconomic Impact Analyses.--Upon
completion of the fifth fiscal year beginning after the date of
enactment of any major bill or joint resolution for which the
Congressional Budget Office prepared an analysis under subsection (a),
the Congressional Budget Office shall report on the accuracy of the
original macroeconomic impact analysis of such enacted bill or joint
resolution and submit these reports to the Committees on the Budget of
the House of Representatives and the Senate.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `macroeconomic impact analysis' means--
                    ``(A) an estimate of the changes in economic
                output, employment, interest rates, capital stock, and
                tax revenues expected to result from enactment of the
                proposal;
                    ``(B) an estimate of revenue feedback expected to
                result from enactment of the proposal; and
                    ``(C) a statement identifying the critical
                assumptions and the source of data underlying that
                estimate;
            ``(2) the term `major bill or resolution' means any bill or
        resolution if the gross budgetary effects of such bill or
        resolution for any fiscal year in the period for which an
        estimate is prepared under section 402 is estimated to be
        greater than .25 percent of the current projected gross
        domestic product of the United States for any such fiscal year;
            ``(3) the term `budgetary effect', when applied to a major
        bill or resolution, means the changes in revenues, outlays,
        deficits, and debt resulting from that measure; and
            ``(4) the term `revenue feedback' means changes in revenue
        resulting from changes in economic growth as the result of the
        enactment of any major bill or resolution.
    ``(e) Legislation With Revenue Provisions.--The macroeconomic
analysis described in subsection (c) shall rely on macroeconomic
analysis prepared by the Joint Committee on Taxation for any provisions
of such legislation that are described in section 201(f). For
legislation consisting solely of provisions described in section
201(f), the macroeconomic analysis described in subsection (c) shall be
prepared by the Joint Committee on Taxation.''.
    (b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 406 the
following new item:

``Sec. 407. Macroeconomic impact analysis of major legislation.''.

            Passed the House of Representatives April 4, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: Pro-Growth Budgeting Act of 2014 - Amends the Congressional Budget Act of 1974 (CBA) to require the Congressional Budget Office (CBO) to prepare for each major bill or resolution reported by any congressional committee , as a supplement to CBO cost estimates, a macroeconomic impact analysis of the budgetary effects of such legislation for the 10-fiscal year period beginning with the first fiscal year for which such estimate was prepared and each of the next three 10-fiscal year periods. Defines quot, major bill or resolutionquot. As any bill or resolution whose budgetary effects, for any fiscal year in the period for which a CBO cost estimate is prepared, is estimated to be greater than .25 of the current projected US gross domestic product (GDP) for that fiscal year. Requires the analysis to describe: (1) the potential economic impact of the bill or resolution on major economic variables, including real GDP, business investment, the capital stock, employment, interest rates, and labor supply. And (2) the potential fiscal effects of the measure, including any estimates of revenue increases or decreases resulting from changes in GDP. Requires the analysis to specify the economic and econometric models used, sources of data, relevant data transformations, as well as any explanation necessary to make the models comprehensible to academic and public policy analysts. Requires the CBO, five fiscal years after the enactment of any major bill or joint resolution for which it prepared a macroeconomic impact analysis, to report to the congressional budget committees on the accuracy of the original analysis.

Pro-Growth Budgeting Act of 2014


SECTION 1. RENEWABLE LIQUID FUELS EXCISE TAX CREDIT.

    (a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application) is amended by
inserting after section 6426 the following new section:

``SEC. 6426A. CREDIT FOR RENEWABLE LIQUID FUELS.

    ``(a) Allowance of Credits.--There shall be allowed as a credit
against the tax imposed by section 4081 an amount equal to the
renewable liquid mixture credit.
    ``(b) Renewable Liquid Mixture Credit.--
            ``(1) In general.--For purposes of this section, the
        renewable liquid mixture credit is the product of the
        applicable amount and the number of gallons of renewable liquid
        used by the taxpayer in producing any renewable liquid mixture
        for sale or use in a trade or business of the taxpayer.
            ``(2) Applicable amount.--For purposes of this section, the
        applicable amount is $1.00.
            ``(3) Renewable liquid mixture.--For purposes of this
        section, the term `renewable liquid mixture' means a mixture of
        renewable liquid and taxable fuel which--
                    ``(A) is sold by the taxpayer producing such
                mixture to any person for use as a fuel or feedstock,
                or
                    ``(B) is used as a fuel or feedstock by the
                taxpayer producing such mixture.
        For purposes of subparagraph (A), a mixture produced by any
        person at a refinery prior to a taxable event which includes
        renewable liquid shall be treated as sold at the time of its
        removal from the refinery (and only at such time) or sold to
        another person for use as a fuel or feedstock.
    ``(c) Other Definitions.--For purposes of this subsection:
            ``(1) Renewable liquid.--The term `renewable liquid' means
        liquid hydrocarbons derived from waste and byproduct streams
        including: agricultural byproducts and wastes, aqua-culture
        products produced from waste streams, food processing plant
        byproducts, municipal solid and semi-solid waste streams,
        industrial waste streams, automotive scrap waste streams, and
        as further provided by regulations.
            ``(2) Taxable fuel.--The term `taxable fuel' has the
        meaning given such term by section 4083(a)(1).
            ``(3) Feedstock.--The term `feedstock' means any precursor
        material subject to further processing to make a petrochemical,
        solvent, or other hydrocarbon which has the effect of
        displacing conventional crude oil, or products produced from
        conventional crude oil.
            ``(4) Additional definitions.--Any term used in this
        section which is also used in section 40B shall have the
        meaning given such term by section 40B.
    ``(d) Certification for Renewable Liquid Fuel.--No credit shall be
allowed under this section unless the taxpayer obtains a certification
(in such form and manner as prescribed by the Secretary) from the
producer of the renewable liquid fuel, which identifies the product
produced.
    ``(e) Mixture Not Used as Fuel, Etc.--
            ``(1) Imposition of tax.--If--
                    ``(A) any credit was determined under this section
                with respect to renewable liquid used in the production
                of any renewable liquid mixture, and
                    ``(B) any person--
                            ``(i) separates the renewable liquid from
                        the mixture, or
                            ``(ii) without separation, uses the mixture
                        other than as a fuel,
                then there is hereby imposed on such person a tax equal
                to the product of the applicable amount and the number
                of gallons of such renewable liquid.
            ``(2) Applicable laws.--All provisions of law, including
        penalties, shall, insofar as applicable and not inconsistent
        with this section, apply in respect of any tax imposed under
        paragraph (1) as if such tax were imposed by section 4081 and
        not by this section.
    ``(f) Coordination With Exemption From Excise Tax.--Rules similar
to the rules under section 40(c) shall apply for purposes of this
section.
    ``(g) Termination.--This section shall not apply to any sale, use,
or removal for any period after December 31, 2010.''.
    (b) Registration Requirement.--Section 4101(a)(1) of the Internal
Revenue Code of 1986 (relating to registration) is amended by inserting
``and every person producing or importing renewable liquid as defined
in section 6426A(c)(1)'' before ``shall register with the Secretary''.
    (c) Payments.--Section 6427 of the Internal Revenue Code of 1986 is
amended by inserting after subsection (f) the following new subsection:
    ``(g) Renewable Liquid Used to Produce Mixture.--
            ``(1) Used to produce a mixture.--If any person produces a
        mixture described in section 6426A in such person's trade or
        business, the Secretary shall pay (without interest) to such
        person an amount equal to the renewable liquid mixture credit
        with respect to such mixture.
            ``(2) Coordination with other repayment provisions.--No
        amount shall be payable under paragraph (1) with respect to any
        mixture with respect to which an amount is allowed as a credit
        under section 6426A.
            ``(3) Termination.--This subsection shall not apply with
        respect to any renewable liquid fuel mixture (as defined in
        section 6426A(b)(3) sold or used after December 31, 2010).''.
    (d) Conforming Amendment.--The last sentence of section 9503(b)(1)
is amended by striking ``section 6426'' and inserting ``sections 6426
and 6426A''.
    (e) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 6426 the following new item:

        ``Sec. 6426A. Credit for renewable liquid fuels.''.
    (f) Effective Dates.--
            (1) In general.--Except as otherwise provided in this
        subsection, the amendments made by this section shall apply to
        fuel sold or used after December 31, 2005.
            (2) Registration requirement.--The amendment made by
        subsection (b) shall take effect on January 1, 2006.

SEC. 2. RENEWABLE LIQUID INCOME TAX CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by inserting after section 40A the following new
section:

``SEC. 40B. RENEWABLE LIQUID USED AS FUEL.

    ``(a) General Rule.--For purposes of section 38, the renewable
liquid credit determined under this section for the taxable year is an
amount equal to the sum of--
            ``(1) the renewable liquid mixture credit, plus
            ``(2) the renewable liquid credit.
    ``(b) Definition of Renewable Liquid Mixture Credit and Renewable
Liquid Credit.--For purposes of this section--
            ``(1) Renewable liquid mixture credit.--
                    ``(A) In general.--The renewable liquid mixture
                credit of any taxpayer for any taxable year is $1.00
                for each gallon of renewable liquid fuel used by the
                taxpayer in the production of a qualified renewable
                liquid fuel mixture.
                    ``(B) Qualified renewable liquid mixture.--The term
                `qualified renewable liquid mixture' means a mixture of
                renewable liquid and taxable fuel (as defined in
                section 4083(a)(1)), which--
                            ``(i) is sold by the taxpayer producing
                        such a mixture to any person for use as a fuel
                        or feedstock, or
                            ``(ii) is used as a fuel or feedstock by
                        the taxpayer producing such mixture.
                    ``(C) Sale or use must be in trade or business,
                etc.--Renewable liquid used in the production of a
                qualified renewable liquid fuel mixture shall be taken
                into account--
                            ``(i) only if the sale or use described in
                        subparagraph (B) is in a trade or business of
                        the taxpayer, and
                            ``(ii) for the taxable year in which such
                        sale or use occurs.
            ``(2) Renewable liquid credit.--
                    ``(A) In general.--The renewable liquid credit of
                any taxpayer for any taxable year is $1.00 for each
                gallon of renewable liquid which is not in a mixture
                with taxable fuel and which during the taxable year--
                            ``(i) is used by the taxpayer as a fuel or
                        feedstock in a trade or business, or
                            ``(ii) is sold by the taxpayer at retail to
                        a person and placed in the fuel tank of such
                        person's vehicle.
                    ``(B) User credit not to apply to renewable liquid
                sold at retail.--No credit shall be allowed under
                subparagraph (A)(i) with respect to any renewable
                liquid which was sold in a retail sale described in
                subparagraph (A)(ii).
    ``(c) Certification for Renewable Liquid.--No credit shall be
allowed under this section unless the taxpayer obtains a certification
(in such form and manner as prescribed by the Secretary) from the
producer or importer of the renewable liquid fuel which identifies the
product produced and percentage of renewable liquid fuel in the
product.
    ``(d) Coordination With Credit Against Excise Tax.--The amount of
the credit determined under this section with respect to any renewable
liquid fuel shall be properly reduced to take into account any benefit
provided with respect to such renewable liquid fuel solely by reason of
the application of section 6426A or 6427(g).
    ``(e) Definitions and Special Rules.--For purposes of this section,
the term `renewable liquid' means liquid hydrocarbons derived from
waste and byproduct streams including: agricultural byproducts and
wastes, agriculture materials produced from waste streams, food
processing plant byproducts, municipal solid and semi-solid waste
streams, industrial waste streams, automotive scrap waste streams, as
further provided by regulations.
    ``(f) Mixture or Renewable Liquid Not Used as a Fuel, Etc.--
            ``(1) Mixtures.--If--
                    ``(A) any credit was determined under this section
                with respect to renewable liquid used in the production
                of any qualified renewable liquid mixture, and
                    ``(B) any person--
                            ``(i) separates the renewable liquid from
                        the mixture, or
                            ``(ii) without separation, uses the mixture
                        other than as a fuel,
                        then there is hereby imposed on such person a
                        tax equal to the product of the rate applicable
                        under subsection (b)(1)(A) and the number of
                        gallons of such renewable liquid in such
                        mixture.
            ``(2) Renewable liquid.--If--
                    ``(A) any credit was determined under this section
                with respect to the retail sale of any renewable
                liquid, and
                    ``(B) any person mixes such renewable liquid or
                uses such renewable liquid other than as a fuel, then
                there is hereby imposed on such person a tax equal to
                the product of the rate applicable under subsection
                (b)(2)(A) and the number of gallons of such renewable
                liquid.
            ``(3) Applicable laws.--All provisions of law, including
        penalties, shall, insofar as applicable and not inconsistent
        with this section, apply in respect of any tax imposed under
        subparagraph (A) or (B) as if such tax were imposed by section
        4081 and not by this chapter.
    ``(g) Pass-Thru in the Case of Estates and Trusts.--Under
regulations prescribed by the Secretary, rules similar to the rules of
subsection (d) of section 52 shall apply.
    ``(h) Termination.--This section shall not apply to any sale or use
after December 31, 2010.''.
    (b) Credit Treated as Part of General Business Credit.--Section
38(b) of the Internal Revenue Code of 1986 (relating to current year
business credit), is amended by striking ``plus'' at the end of
paragraph (18), by striking the period at the end of paragraph (17),
and inserting ``, plus'', and by inserting after paragraph (19) the
following new paragraph:
            ``(20) The renewable liquid credit determined under section
        40B.''.
    (c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter I of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 40A the
following new item:

        ``Sec. 40B. Renewable liquid used as fuel.''.
    (d) Effective Date.--The amendments made by this section shall
apply to fuel produced, and sold as used, after December 31, 2005.

Summary: Amends the Internal Revenue Code to allow: (1) a tax credit against the gasoline excise tax for renewable liquid fuels. And (2) a business tax credit for renewable liquid used as fuel. Defines renewable liquid as liquid hydrocarbons derived from certain waste and byproduct streams. Terminates such credits after 2010.

A bill to amend the Internal Revenue Code of 1986 to provide a renewable liquid fuels tax credit, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Computer Security Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the
        term in section 3502 of title 44, United States Code.
            (2) Covered agency.--The term ``covered agency'' means an
        agency that operates a Federal computer system that provides
        access to classified information or personally identifiable
        information.
            (3) Logical access control.--The term ``logical access
        control'' means a process of granting or denying specific
        requests to obtain and use information and related information
        processing services.
            (4) Multi-factor logical access controls.--The term
        ``multi-factor logical access controls'' means a set of not
        less than 2 of the following logical access controls:
                    (A) Information that is known to the user, such as
                a password or personal identification number.
                    (B) An access device that is provided to the user,
                such as a cryptographic identification device or token.
                    (C) A unique biometric characteristic of the user.

SEC. 3. INSPECTOR GENERAL REPORT ON FEDERAL COMPUTER SYSTEMS.

    (a) In General.--Not later than 240 days after the date of
enactment of this Act, the Inspector General of each covered agency
shall each submit to the Comptroller General of the United States and
the appropriate committees of jurisdiction in the Senate and the House
of Representatives a report, which shall include information collected
from the covered agency for the contents described in subsection (b)
regarding the Federal computer systems of the covered agency.
    (b) Contents.--The report submitted by each Inspector General of a
covered agency under subsection (a) shall include, with respect to the
covered agency, the following:
            (1) A description of the logical access standards used by
        the covered agency to access a Federal computer system that
        provides access to classified or personally identifiable
        information, including--
                    (A) in aggregate, a list and description of logical
                access controls used to access such a Federal computer
                system; and
                    (B) whether the covered agency is using multi-
                factor logical access controls to access such a Federal
                computer system.
            (2) If the covered agency does not use logical access
        controls or multi-factor logical access controls to access a
        Federal computer system that provides access to classified or
        personally identifiable information, a description of the
        reasons for not using such logical access controls or multi-
        factor logical access controls.
            (3) A description of the following data security management
        practices used by the covered agency:
                    (A) The policies and procedures followed to conduct
                inventories of the software present on the Federal
                computer systems of the covered agency and the licenses
                associated with such software.
                    (B) Whether the covered agency has entered into a
                licensing agreement for the use of software security
                controls to monitor and detect exfiltration and other
                threats, including--
                            (i) data loss prevention software; or
                            (ii) digital rights management software.
                    (C) A description of how the covered agency is
                using software described in subparagraph (B).
                    (D) If the covered agency has not entered into a
                licensing agreement for the use of, or is otherwise not
                using, software described in subparagraph (B), a
                description of the reasons for not entering into such a
                licensing agreement or using such software.
            (4) A description of the policies and procedures of the
        covered agency with respect to ensuring that entities,
        including contractors, that provide services to the covered
        agency are implementing the data security management practices
        described in paragraph (3).
    (c) Existing Review.--The report required under this section may be
based in whole or in part on an audit, evaluation, or report relating
to programs or practices of the covered agency, and may be submitted as
part of another report, including the report required under section
3555 of title 44, United States Code.
    (d) Classified Information.--A report submitted under this section
shall be in unclassified form, but may include a classified annex.
    (e) Availability to Members of Congress.--A report submitted under
this section shall be made available upon request by any Member of
Congress.

SEC. 4. GAO ECONOMIC ANALYSIS AND REPORT ON FEDERAL COMPUTER SYSTEMS.

    (a) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report examining, including an economic analysis of, any
impediments to agency use of effective security software and security
devices.
    (b) Classified Information.--A report submitted under this section
shall be in unclassified form, but may include a classified annex.

Summary: Federal Computer Security Act Directs the Inspector General of each executive agency that operates a federal computer system that provides access to classified information or personally identifiable information to submit to the Comptroller General and specified congressional committees a report that includes: a description of the logical access standards used by the agency to access such system, including whether the agency is using multi-factor logical access controls for such access. If the agency does not use such access controls, a description of the reasons for not doing so. A description of the data security management practices used by the agency, including the policies and procedures for conducting inventories of software and associated licenses, an indication that the agency has entered into a licensing agreement for the use of software security controls to monitor and detect threats, or an explanation for why it has not entered such an agreement. And a description of agency policies and procedures for ensuring that entities that provide services to the agency are implementing data security management practices. Directs the Comptroller General to submit a report on any impediments to agency use of effective security software and security devices.

Federal Computer Security Act


SECTION 1. RELEASE OR DETENTION OF A MATERIAL WITNESS.

    (a) Amendments to Title 18.--Section 3144 of title 18, United
States Code, is amended to read as follows:
``Sec. 3144. Release or detention of a material witness
    ``(a) Arrest of Material Witness.--
            ``(1) In general.--A judicial officer may order the arrest
        of a person as a material witness, if it appears from an
        affidavit filed by a party in a criminal case before a court of
        the United States, or by an attorney for the Government in a
        matter occurring before a Federal grand jury, that there is
        probable cause to believe that--
                    ``(A) the testimony of such person is material in
                such case or matter; and
                    ``(B) the person has been served with a summons or
                subpoena and failed or refused to appear as required.
            ``(2) Exception.--A judicial officer may waive the summons
        or subpoena requirement described in paragraph (1)(B), if the
        judicial officer finds by clear and convincing evidence that
        the service of a summons or subpoena--
                    ``(A) is likely to result in the person fleeing; or
                    ``(B) cannot adequately secure the appearance of
                the person as required.
    ``(b) Warrant for Material Witness.--
            ``(1) Requirements.--A warrant issued under subsection (a)
        shall--
                    ``(A) contain the name of the material witness or,
                if the name of such witness is unknown, a name or
                description by which the witness can be identified with
                reasonable certainty;
                    ``(B) specify that the testimony of the witness is
                sought in a criminal case or grand jury proceeding;
                    ``(C) command that the witness be arrested and
                brought without unnecessary delay before a judicial
                officer;
                    ``(D) inform the witness of the witness's right to
                retain counsel or to request that counsel be appointed
                if the witness cannot obtain counsel; and
                    ``(E) be signed by a judicial officer.
            ``(2) Execution of warrant.--
                    ``(A) Arrest of witness.--A warrant issued under
                subsection (a) shall be executed by arresting the
                material witness.
                    ``(B) Warrant to be provided to witness.--
                            ``(i) In general.--Upon arrest, an officer
                        possessing the warrant shall show such warrant
                        to the material witness.
                            ``(ii) Warrant not in possession of
                        arresting officer.--If an officer does not
                        possess the warrant at the time of arrest of a
                        material witness, an officer--
                                    ``(I) shall inform the witness of
                                the existence and purpose of the
                                warrant; and
                                    ``(II) at the request of the
                                witness, shall provide the warrant to
                                the witness as soon as possible.
            ``(3) Return of warrant.--
                    ``(A) After execution.--After executing a warrant
                issued under subsection (a), an officer shall return
                the warrant to the judicial officer before whom the
                material witness is brought in accordance with
                subsection (c).
                    ``(B) Unexecuted warrant.--At the request of an
                attorney for the United States Government, an
                unexecuted warrant shall be brought back to and
                canceled by a judicial officer.
    ``(c) Initial Appearance.--
            ``(1) Appearance upon arrest.--A material witness arrested
        pursuant to a warrant issued under subsection (a) shall be
        brought without unnecessary delay before a judicial officer.
            ``(2) Place of initial appearance.--The initial appearance
        of a material witness arrested pursuant to a warrant issued
        under subsection (a) shall be--
                    ``(A) in the district of arrest; or
                    ``(B) in an adjacent district if--
                            ``(i) the appearance can occur more
                        promptly there; or
                            ``(ii) the warrant was issued there and the
                        initial appearance will occur on the day of the
                        arrest.
            ``(3) Procedures.--At the initial appearance described in
        paragraph (2), a judicial officer shall--
                    ``(A) inform a material witness of--
                            ``(i) the warrant against the witness, and
                        the application and affidavit filed in support
                        of the warrant; and
                            ``(ii) the witness's right to retain
                        counsel or to request that counsel be appointed
                        if the witness cannot obtain counsel;
                    ``(B) allow the witness a reasonable opportunity to
                consult with counsel;
                    ``(C) release or detain the witness as provided by
                subsection (d); and
                    ``(D) if the initial appearance occurs in a
                district other than where the warrant issued, transfer
                the witness to such district, provided that the
                judicial officer finds that the witness is the same
                person named in the warrant.
    ``(d) Release or Detention.--
            ``(1) In general.--Upon the appearance before a judicial
        officer of a material witness arrested pursuant to a warrant
        issued under subsection (a), the judicial officer shall order
        the release or detention of such witness.
            ``(2) Release.--
                    ``(A) In general.--A judicial officer shall order
                the release of a material witness arrested pursuant to
                a warrant issued under subsection (a) on personal
                recognizance or upon execution of an unsecured
                appearance bond under section 3142(b), or on a
                condition or combination of conditions under section
                3142(c), unless the judicial officer determines by
                clear and convincing evidence that such release will
                not reasonably assure the appearance of the witness as
                required.
                    ``(B) Testimony secured by deposition.--No material
                witness may be detained because of the inability of the
                witness to comply with any condition of release if the
                testimony of such witness can adequately be secured by
                deposition.
            ``(3) Detention.--
                    ``(A) No reasonable assurance of appearance.--If,
                after a hearing pursuant to the provisions of section
                3142(f)(2), a judicial officer finds by clear and
                convincing evidence that no condition or combination of
                conditions will reasonably assure the appearance of a
                material witness as required by this section, such
                judicial officer may order that the witness be detained
                for a period not to exceed 5 days, or until the
                testimony of the witness can adequately be secured by
                deposition or by appearance before the court or grand
                jury, whichever is earlier.
                    ``(B) Extension of detention.--
                            ``(i) In general.--Subject to clause (ii),
                        upon the motion of a party (or an attorney for
                        the United States Government in a matter
                        occurring before a Federal grand jury), the
                        period of detention under subparagraph (A) may
                        be extended for additional periods of up to 5
                        days, or until the testimony of a material
                        witness can adequately be secured by deposition
                        or by appearance before the court or grand
                        jury, whichever is earlier.
                            ``(ii) Limit.--The total period of
                        detention under this subparagraph may not
                        exceed--
                                    ``(I) 30 days, where the testimony
                                of the witness is sought in a criminal
                                case; or
                                    ``(II) 10 days, where the testimony
                                of the witness is sought in a grand
                                jury proceeding.
                    ``(C) Good cause required.--A motion under
                subparagraph (B) shall demonstrate good cause for why
                the testimony of a material witness could not
                adequately be secured by deposition or by appearance
                before the court or grand jury during the previous 5-
                day period.
            ``(4) Factors to be considered.--A judicial officer, in
        determining whether a material witness should be released or
        detained--
                    ``(A) shall take into account the available
                information concerning the history and characteristics
                of the witness, including the information described in
                section 3142(g)(3)(A); and
                    ``(B) may consider challenges to the basis of the
                warrant.
            ``(5) Contents of release order.--A release order issued
        under paragraph (2) shall comply with the requirements of
        paragraphs (1) and (2)(B) of section 3142(h).
            ``(6) Contents of detention order.--A detention order
        issued under paragraph (3) shall comply with the requirements
        of section 3142(i), provided that a judicial officer shall
        direct that a material witness be held--
                    ``(A) in a facility separate and apart, to the
                extent practicable, from persons charged with or
                convicted of a criminal offense; and
                    ``(B) under the least restrictive conditions
                possible.
    ``(e) Report.--
            ``(1) In general.--Notwithstanding any other provision of
        law, the Attorney General shall provide to the Committees on
        the Judiciary of the Senate and the House of Representatives an
        annual report regarding the use of this section by the United
        States Government during the preceding 1-year period.
            ``(2) Content of report.--A report required under paragraph
        (1) shall include--
                    ``(A) the number of warrants sought under
                subsection (a), and the number either granted or
                denied;
                    ``(B) the number of material witnesses arrested
                pursuant to a warrant issued under subsection (a) whose
                testimony was not secured by deposition or by
                appearance before the court or grand jury, and the
                reasons therefore; and
                    ``(C) the average number of days that material
                witnesses arrested pursuant to a warrant issued under
                subsection (a) were detained.''.
    (b) Amendment to Federal Rules of Civil Procedure.--Rule 46(h) of
the Federal Rules of Criminal Procedure is amended to read as follows:
    ``(h) Supervising Detention Pending Trial.--To eliminate
unnecessary detention, the court must supervise the detention within
the district of any defendants awaiting trial and of any persons held
as material witnesses.''.

Summary: Rewrites provisions of the federal criminal code regarding material witnesses. Authorizes a judicial officer (officer) to: (1) order the arrest of a person as a material witness if it appears from an affidavit filed by a party in a federal criminal case, or by a government attorney in a matter before a federal grand jury, that there is probable cause to believe that the person's testimony is material and that the person has been served with a summons or subpoena (summons) and has failed or refused to appear. And (2) waive the summons requirement upon finding by clear and convincing evidence that service is likely to result in the person fleeing or that the person's appearance cannot adequately be secured. Establishes warrant requirements, including that the witness be brought before a judicial officer without unnecessary delay and be informed of the right to counsel. Requires an officer, at the initial appearance, to: (1) inform a witness of the warrant and right to counsel. (2) allow the witness a reasonable opportunity to consult with counsel. And (3) release or detain the witness . Limits the detention period. Requires: (1) a detention order to direct that a witness be held in a facility separate from persons charged with or convicted of a criminal offense, under the least restrictive conditions possible. And (2) the Attorney General to report annually to the House and Senate Judiciary Committees.

A bill to amend the material witness statute to strengthen procedural safeguards, and for other purposes.