SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Common Sense Spending Act of 2005''.

SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.

    (a) Adjustments to Discretionary Spending Limits.--In the matter
that precedes subparagraph (A) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, strike ``through
2002''.
    (b) Discretionary Spending Limit.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
            (1) Strike paragraphs (1) through (16) and insert the
        following new paragraphs:
            ``(1) with respect to fiscal year 2006, for the
        discretionary category: $837,196,960,000 in total new budget
        authority of which not less than $434,139,940,000 shall be for
        the defense category and of which not less than $32,180,020,000
        shall be for homeland security activities outside of the
        defense category and $906,352,000,000 in total outlays of which
        not less than $439,419,000,000 shall be for the defense
        category and of which not less than $30,854,000,000 in total
        outlays shall be for the homeland security category outside of
        the defense category;
            ``(2) with respect to fiscal year 2007, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority specified in
        paragraph (1) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2005;
            ``(3) with respect to fiscal year 2008, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority provided under
        paragraph (2) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2006;
            ``(4) with respect to fiscal year 2009, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority specified in
        paragraph (3) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2007; and
            ``(5) with respect to fiscal year 2010, for the
        discretionary category: an amount of new budget authority equal
        to the amount of total new budget authority specified in
        paragraph (4) adjusted to reflect the change in Consumer Price
        Index over the previous 12 months prior to October 1, 2008;''.
    (c) Adjustments to Discretionary Spending Limits.--
            (1) Section 251(b)(2) of the Balanced Budget and Emergency
        Deficit Control Act of 1985 is amended by striking
        subparagraphs (C) through (H) and by inserting after
        subparagraph (B) the following new subparagraph:
                    ``(C) Accrual accounting.--If a bill or joint
                resolution is enacted that charges Federal agencies for
                the full cost of accrued Federal retirement and health
                benefits and a bill or joint resolution making
                appropriations is enacted that provides new budget
                authority to carry out the legislation charging Federal
                agencies for such accrued costs, the adjustment shall
                be equal to the reduction in mandatory budget authority
                and the outlays flowing therefrom estimated to result
                from the legislation charging Federal agencies for such
                accrued costs.''.
            (2) Section 251(b)(2)(A) of the Balanced Budget and
        Emergency Deficit Control Act of 1985 is amended by striking
        the last sentence.
    (d) Definition of Consumer Price Index.--Section 3 of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
adding at the end the following new paragraph:
            ``(11) The term `Consumer Price Index' refers to the
        Consumer Price Index for All Urban Consumers (all items; United
        States city average), published by the Bureau of Labor
        Statistics.''.

SEC. 3. EXTENSION OF PAY-AS-YOU-GO.

    Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:

``SEC. 252. ENFORCING PAY-AS-YOU-GO.

    ``(a) Purpose.--The purpose of this section is to assure that any
legislation enacted before October 1, 2010, affecting direct spending
that increases the deficit will trigger an offsetting sequestration.
    ``(b) Sequestration.--
            ``(1) Timing.--Not later than 15 calendar days after the
        date Congress adjourns to end a session and on the same day as
        a sequestration (if any) under section 251, there shall be a
        sequestration to offset the amount of any net deficit increase
        caused by all direct spending legislation enacted before
        October 1, 2010, as calculated under paragraph (2).
            ``(2) Calculation of deficit increase.--OMB shall calculate
        the amount of deficit increase or decrease by adding--
                    ``(A) all OMB estimates for the budget year of
                direct spending legislation transmitted under
                subsection (d);
                    ``(B) the estimated amount of savings in direct
                spending programs applicable to budget year resulting
                from the prior year's sequestration under this section
                or, if any, as published in OMB's final sequestration
                report for that prior year; and
                    ``(C) any net deficit increase or decrease in the
                current year resulting from all OMB estimates for the
                current year of direct spending legislation transmitted
                under subsection (d) of this section that were not
                reflected in the final OMB sequestration report for the
                current year.
                    ``(D) for fiscal year 2005, before making the
                calculations required in subparagraphs (A) through (C),
                OMB shall assume an automatic deficit increase of
                $8,400,000,000.
    ``(c) Eliminating a Deficit Increase.--(1) The amount required to
be sequestered in a fiscal year under subsection (b) shall be obtained
from non-exempt direct spending accounts from actions taken in the
following order:
                    ``(A) First.--All reductions in automatic spending
                increases specified in section 256(a) shall be made.
                    ``(B) Second.--If additional reductions in direct
                spending accounts are required to be made, the maximum
                reductions permissible under sections 256(b)
                (guaranteed and direct student loans) and 256(c)
                (foster care and adoption assistance) shall be made.
                    ``(C) Third.--(i) If additional reductions in
                direct spending accounts are required to be made, each
                remaining non-exempt direct spending account shall be
                reduced by the uniform percentage necessary to make the
                reductions in direct spending required by paragraph
                (1); except that the medicare programs specified in
                section 256(d) shall not be reduced by more than 4
                percent and the uniform percentage applicable to all
                other direct spending programs under this paragraph
                shall be increased (if necessary) to a level sufficient
                to achieve the required reduction in direct spending.
                    ``(ii) For purposes of determining reductions under
                clause (i), outlay reductions (as a result of
                sequestration of Commodity Credit Corporation commodity
                price support contracts in the fiscal year of a
                sequestration) that would occur in the following fiscal
                year shall be credited as outlay reductions in the
                fiscal year of the sequestration.
            ``(2) For purposes of this subsection, accounts shall be
        assumed to be at the level in the baseline for fiscal year 2006
        and for fiscal years 2007 through 2010 at the baseline after
        adjusting for any sequester in fiscal year 2005.
    ``(d) Estimates.--
            ``(1) CBO estimates.--As soon as practicable after Congress
        completes action on any direct spending, CBO shall provide an
        estimate to OMB of that legislation.
            ``(2) OMB estimates.--Not later than 7 calendar days
        (excluding Saturdays, Sundays, and legal holidays) after the
        date of enactment of any direct spending, OMB shall transmit a
        report to the House of Representatives and to the Senate
        containing--
                    ``(A) the CBO estimate of that legislation;
                    ``(B) an OMB estimate of that legislation using
                current economic and technical assumptions; and
                    ``(C) an explanation of any difference between the
                2 estimates.
            ``(3) Significant differences.--If during the preparation
        of the report under paragraph (2) OMB determines that there is
        a significant difference between the OMB and CBO estimates, OMB
        shall consult with the Committees on the Budget of the House of
        Representatives and the Senate regarding that difference and
        that consultation, to the extent practicable, shall include
        written communication to such committees that affords such
        committees the opportunity to comment before the issuance of
        that report.
            ``(4) Scope of estimates.--The estimates under this section
        shall include the amount of change in outlays for the current
        year (if applicable), the budget year, and each outyear
        excluding any amounts resulting from--
                    ``(A) full funding of, and continuation of, the
                deposit insurance guarantee commitment in effect under
                current estimates; and
                    ``(B) emergency provisions as designated under
                subsection (e).
            ``(5) Scorekeeping guidelines.--OMB and CBO, after
        consultation with each other and the Committees on the Budget
        of the House of Representatives and the Senate, shall--
                    ``(A) determine common scorekeeping guidelines; and
                    ``(B) in conformance with such guidelines, prepare
                estimates under this section.
    ``(e) Emergency Legislation.--If a provision of direct spending
legislation is enacted that the President designates as an emergency
requirement and that the Congress so designates in statute, the amounts
of new budget authority, outlays, and receipts in all fiscal years
resulting from that provision shall be designated as an emergency
requirement in the reports required under subsection (d) of this
section.''.

SEC. 4. CONFORMING AMENDMENTS.

    (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2010''.
    (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2010''.
    (b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2010''.

SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE.

    (a) In General.--Section 257(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting ``,
except for emergency appropriations covered by section 251(b)(2)(A) and
emergency legislation covered by section 252(e)'' before the period.
    (b) Direct Spending and Receipts.--Section 257(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new subparagraph:
                    ``(E) Emergency legislation covered by section
                252(e) shall not be extended in the baseline.''.
    (c) Discretionary Appropriations.--Section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by adding
at the end the following new paragraph:
            ``(7) Emergency appropriations covered by section
        251(b)(2)(A) shall not be extended in the baseline.''.

SEC. 6. OMB EMERGENCY CRITERIA.

    (a) Definition of Emergency.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 (as amended by section 2(d) is
further amended by adding at the end the following new paragraph:
            ``(12)(A) The term `emergency' means a situation that--
                    ``(i) requires new budget authority and outlays (or
                new budget authority and the outlays flowing therefrom)
                for the prevention or mitigation of, or response to,
                loss of life or property, or a threat to national
                security; and
                    ``(ii) is unanticipated.
            ``(B) As used in subparagraph (A), the term `unanticipated'
        means that the underlying situation is--
                    ``(i) sudden, which means quickly coming into being
                or not building up over time;
                    ``(ii) urgent, which means a pressing and
                compelling need requiring immediate action;
                    ``(iii) unforeseen, which means not predicted or
                anticipated as an emerging need; and
                    ``(iv) temporary, which means not of a permanent
                duration.''.
    (b) Conforming Amendment.--Section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new paragraph:
            ``(20) The term `emergency' has the meaning given to such
        term in section 3 of the Congressional Budget and Impoundment
        Control Act of 1974.''.

SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN
              EMERGENCY.

    (a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:

 ``rule respecting designation of legislative provision as an emergency

    ``Sec. 316. (a) Guidance.--In making a designation of a provision
of legislation as an emergency requirement under section 251(b)(2)(A)
or 252(e) of the Balanced Budget and Emergency Deficit Control Act of
1985, the committee report and any statement of managers accompanying
that legislation shall analyze whether a proposed emergency requirement
meets the definition of an `emergency' set out in section 3 of the
Congressional Budget and Impoundment Control Act of 1974.
    ``(b) In General.--It shall not be in order in the Senate or the
House of Representatives to consider any bill, joint resolution, or
conference report that contains an emergency designation under section
251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985 unless the proposed emergency requirement meets the
definition of an `emergency' set out in section 3 of the Congressional
Budget and Impoundment Control Act of 1974.
    ``(c) Waiver and Appeal in the Senate.--This section may be waived
or suspended in the Senate only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of the Chair
on a point of order raised under this section.
    ``(d) Enforcement in the House of Representatives.--It shall not be
in order in the House of Representatives to consider a rule or order
that waives the application of subsection (b).
    ``(e) Disposition of Points of Order in the House.--As disposition
of a point of order under subsection (b) or subsection (d), the Chair
shall put the question of consideration with respect to the proposition
that is the subject of the point of order. A question of consideration
under this section shall be debatable for 10 minutes by the Member
initiating the point of order and for 10 minutes by an opponent of the
point of order, but shall otherwise be decided without intervening
motion except one that the House adjourn or that the Committee of the
Whole rise, as the case may be.
    ``(f) Effect on Amendment in Order as Original Text in the House.--
The disposition of the question of consideration under this section
with respect to a bill or joint resolution shall be considered also to
determine the question of consideration under this subsection with
respect to an amendment made in order as original text.''.
    (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 315 the
following new item:

``Sec. 316. Rule respecting designation of legislative provision as an
                            emergency.''.

Summary: Common Sense Spending Act of 2005 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend discretionary spending limits through FY 2010. Repeals requirements for inclusion in a sequestration report of adjustments to discretionary limits for: (1) continuing disability reviews by the Social Security Administration. (2) specified allowances for the International Monetary Fund and international arrearages, (3) any earned income tax credit compliance initiative, (4) adoption incentive payments. And (5) conservation spending. Requires an adjustment to discretionary spending limits equal to the estimated resulting reduction in mandatory budget authority and outlays utilizing accrual methods, if enacted legislation charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and an appropriations Act provides new budget authority to carry out such legislation. Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2011 affecting direct spending that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB). Requires OMB to assume an automatic deficit increase of $8.4 billion before making such calculations for FY 2005. States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline for FY 2006 and for FY 2007 through 2010 at the baseline after adjusting for any sequester in FY 2005. Revises the definition of baseline to exclude emergency appropriations and legislation. Prohibits such emergency appropriations from being extended in the baseline. Amends the Congressional Budget Act of 1974 to require that the committee report and any statement of managers accompanying proposed legislation analyze whether a proposed emergency requirement meets a specified definition of emergency. Prohibits the consideration of any such legislation that does not meet this emergency definition.

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2010, to extend paygo for direct spending, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cyber Security Information Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1)(A) Many information technology computer systems,
        software programs, and similar facilities are essential to the
        functioning of markets, commerce, consumer products, utilities,
        government, and safety and defense systems, in the United
        States and throughout the world.
            (B) Protecting systems and products against domestic and
        international attacks or misuse through the Internet, public,
        or private telecommunications systems, or similar means is a
        matter of national and global interest.
            (C) Such protection is best accomplished through private
        sector solutions that are market driven and industry led
        because the private sector owns, operates, and has developed
        many of the networks, products, and services that constitute
        the information infrastructure.
            (D) Government should work cooperatively with industry on a
        voluntary basis to achieve such protection and should not
        mandate the private sector use particular technologies, dictate
        standards, or impose undue costs.
            (2) The prompt, voluntary, candid, and thorough, but secure
        and protected, disclosure and exchange of information related
        to the cyber security of entities, systems, and
        infrastructure--
                    (A) would greatly enhance the ability of private
                and public entities to improve their cyber security;
                    (B) would measurably contribute to avoidance of
                financial risk and loss resulting from disruption or
                harm to critical institutional elements of the United
                States economy, including but not limited to securities
                exchanges, banking and other financial services
                institutions, communications networks, transportation
                systems, manufacturing, information technology, health
                care, government services, and electric utilities and
                energy providers, or from serious damage to public
                confidence in such critical institutional elements; and
                    (C) is therefore a vital factor in minimizing any
                potential cyber security-related disruption to the
                Nation's critical infrastructure and the consequences
                for its economic well-being and national security.
            (3) Concern about the potential for legal liability
        associated with the disclosure and exchange of cyber security
        information has impeded and continues to impede the secure
        disclosure and protected exchange of such information.
            (4) The capability to securely disclose and engage in the
        protected exchange of information relating to cyber security,
        solutions, test practices, test results, and risk assessments
        and audits, without undue concern about inappropriate
        disclosure of that information, is critical to the ability of
        private and public entities to address cyber security needs in
        a timely manner.
            (5) The national interest will be served by uniform legal
        standards in connection with the secure disclosure and
        protected exchange of cyber security information that will
        promote appropriate disclosures and exchanges of such
        information in a timely fashion.
            (6) The ``National Plan for Information Systems Protection,
        Version 1.0, An Invitation to a Dialogue'', released by the
        President on January 7, 2000, calls for the Government to
        assist in seeking changes to applicable laws on ``Freedom of
        Information, liability, and antitrust where appropriate'' in
        order to foster industry-wide centers for information sharing
        and analysis.
    (b) Purposes.--Based upon the powers contained in article 1,
section 8, clause 3 of the Constitution of the United States, the
purposes of this Act are--
            (1) to promote the secure disclosure and protected exchange
        of cyber security information;
            (2) to assist private industry and government in responding
        effectively and rapidly to cyber security problems;
            (3) to lessen burdens on interstate commerce by
        establishing certain legal principles in connection with the
        secure disclosure and protected exchange of cyber security
        information; and
            (4) to protect the legitimate users of cyber networks and
        systems, and to protect the privacy and confidentiality of
        shared information.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning given to it in subsection (a)
                of the first section of the Clayton Act (15 U.S.C.
                12(a)), except that such term includes section 5 of the
                Federal Trade Commission Act (15 U.S.C. 45) to the
                extent such section 5 applies to unfair methods of
                competition; and
                    (B) includes any State law with the same intent and
                effect as the laws referred to in subparagraph (A).
            (2) Critical infrastructure.--The term ``critical
        infrastructure'' means facilities or services so vital to the
        nation or its economy that their disruption, incapacity, or
        destruction would have a debilitating impact on the defense,
        security, long-term economic prosperity, or public health or
        safety of the United States.
            (3) Cyber security information.--
                    (A) In general.--The term ``cyber security
                information'' means information related to--
                            (i) the ability of any protected system, or
                        critical infrastructure to resist intentional
                        interference, compromise, or incapacitation
                        through the misuse of or unauthorized access to
                        or use of the Internet, public or private
                        telecommunications systems, or other similar
                        conduct that violates Federal, State, or
                        international law, that harms interstate
                        commerce of the United States, or that
                        threatens public health or safety;
                            (ii) any planned or past assessment,
                        projection or estimate concerning a cyber
                        security vulnerability of a protected system,
                        or critical infrastructure;
                            (iii) any planned or past cyber security
                        testing, risk assessment, or audit;
                            (iv) any planned or past operational
                        problems or solutions related to the cyber
                        security of any protected system, or critical
                        infrastructure; or
                            (v) any immediate threats to the cyber
                        security of any protected system, or critical
                        infrastructure.
                    (B) Exclusion.--For the purposes of any action
                brought under the securities laws, as that term is
                defined in section 3(a)(47) of the Securities Exchange
                Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber
                security information'' does not include information or
                statements contained in any documents or materials
                filed with the Securities and Exchange Commission, or
                with Federal banking regulators, pursuant to section
                12(i) of the Securities Exchange Act of 1934 (15 U.S.C.
                781(i)), or disclosures or writing that when made
                accompanied the solicitation of an offer or sale of
                securities.
            (4) Protected system.--The term ``protected system''
        includes but is not limited to any system or process deployed
        in or remotely affecting a critical infrastructure facility
        consisting of one or more of the following: computer, computer
        system, network, or any component hardware or element of the
        foregoing, software program, processing instruction or data in
        storage, irrespective of the storage medium.
            (5) Information sharing organization; iso.--The terms
        ``Information Sharing Organization'' and ``ISO'' mean an
        Information Sharing and Analysis Center (``ISAC'') or any other
        entity created by private sector organizations for the purpose
        of sharing cyber security information among such organizations,
        with or among their individual affiliated members, and with and
        from State, local, and Federal Government agencies.

SEC. 4. PROTECTION FOR CYBER SECURITY INFORMATION SHARED WITH THE
              GOVERNMENT.

    (a) In General.--Cyber security information that is voluntarily
provided to any Federal entity, agency, or  authority shall not be
disclosed and must be protected against disclosure.
    (b) Specifics.--This section shall apply to cyber security
information voluntarily provided--
            (1) directly to the government about its own cyber
        security;
            (2) directly to the government about a third party's cyber
        security; or
            (3) to an ISO, which is subsequently provided to the
        government in identifiable form.
    (c) Protections.--Except with the express consent or permission of
the provider of cyber security information, any cyber security
information provided pursuant to subsection (b)--
            (1) shall be exempt from disclosure under section 552(a) of
        title 5, United States Code (commonly known as the ``Freedom of
        Information Act''), by any Federal entity, agency, and
        authority;
            (2) shall not be disclosed to any third party except
        pursuant to subsection (e)(3); and
            (3) shall not be used by any Federal or State entity,
        agency, or authority or by any third party, directly or
        indirectly, in any civil action arising under any Federal or
        State law.
    (d) Exemptions.--Any disclosure of cyber security information by
any private entity, or by any Information Sharing Organization as
defined in section 3(5) of this Act, to any official of an agency of
the United States in accordance with subsection (b) of this section
shall not be subject to--
            (1) the requirements of the Federal Advisory Committee Act
        (5 U.S.C. App.) with regard to notice of meetings and
        publication of the record of such disclosure; and
            (2) any agency rules regarding ex parte communications with
        decision making officials.
    (e) Exceptions.--
            (1) Information obtained elsewhere.--Nothing in this
        section shall preclude a Federal or State entity, agency, or
        authority, or any third party, from separately obtaining cyber
        security information through the use of independent legal
        authorities, and using such separately obtained information in
        any action.
            (2) Public disclosure.--A restriction on use or disclosure
        of information under this section shall not apply to any
        information disclosed generally or broadly to the public.
            (3) Third party information.--A Federal entity, agency, or
        authority receiving cyber security information from one private
        entity about another private entity's cyber security shall
        notify and convey that information to the latter upon its
        initial receipt, except that such entity, agency, or authority
        shall not notify the third party if the Government has probable
        cause to believe that such party has conducted, or may be
        conducting economic espionage against United States entities
        within the meaning of the Economic Espionage Act (18 U.S.C.
        1831 et seq.) or if such entity derives support from any nation
        currently under a trade embargo.

SEC. 5. ANTITRUST EXEMPTION.

    (a) Exemption.--Except as provided in subsection (b), the antitrust
laws shall not apply to conduct engaged in, including making and
implementing an agreement, solely for the purpose of and limited to--
            (1) facilitating the correction or avoidance of a cyber
        security-related problem; or
            (2) communication of or disclosing information to help
        correct or avoid the effects of a cyber security-related
        program.
    (b) Exception to Exemption.--Subsection (a) shall not apply with
respect to conduct that involves or results in an agreement to boycott
any person, to allocate a market, or to fix prices or output.

SEC. 6. CYBER SECURITY WORKING GROUPS.

    (a) In General.--
            (1) Working groups.--The President may establish and
        terminate working groups composed of Federal employees who will
        engage outside organizations in discussions to address cyber
        security, to share information related to cyber security, and
        otherwise to serve the purposes of this Act.
            (2) List of groups.--The President shall maintain and make
        available to the public a printed and electronic list of such
        working groups and a point of contact for each, together with
        an address, telephone number, and electronic mail address for
        such point of contact.
            (3) Balance.--The President shall seek to achieve a balance
        of participation and representation among the working groups.
            (4) Meetings.--Each meeting of a working group created
        under this section shall be announced in advance in accordance
        with procedures established by the President.
    (b) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the working groups established
under this section.
    (c) Private Right of Action.--This section creates no private right
of action to sue for enforcement of any provision of this section.

Summary: Cyber Security Information Act - Prohibits the disclosure of cyber security information that is voluntarily provided to a Federal entity. Provides that any such information voluntarily provided directly to the Government about its own cyber security, a third party's cyber security, or to an Information Sharing Organization which is subsequently provided to the Government in identifiable form shall: (1) be exempt from disclosure under the Freedom of Information Act, (2) not be disclosed to any third party. And (3) not be used by any Federal or State entity or by any third party in any civil action. Makes the antitrust laws inapplicable to conduct engaged in solely for the purpose of and limited to: (1) facilitating the correction or avoidance of a cyber security-related problem. Or (2) communication of or disclosing information to help correct or avoid the effects of a cyber security-related program. Authorizes the President to establish and terminate working groups composed of Federal employees who will engage outside organizations in discussions to address or share information related to cyber security, and otherwise to serve the purposes of this Act.

To encourage the secure disclosure and protected exchange of information about cyber security problems, solutions, test practices and test results, and related matters in connection with critical infrastructure protection.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fan Freedom and Community Protection
Act of 1995''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The name of a professional sports team is always linked
        to the name of the community in which it is located.
            (2) Communities, sports fans, and taxpayers make a
        substantial and valuable financial, psychological, and
        emotional investment in their teams and their teams' names.
            (3) Professional sports teams promote civic pride, and
        generate jobs, revenues, and other local economic development.
            (4) Professional sports teams remain in communities for
        generations and represent much more than a business.
            (5) Current law does not protect the rights of sports fans
        nor the interests of communities when a professional sports
        team decides to relocate.
            (6) Professional sports team owners are positioned to
        extract enormous benefits from communities, and they are taking
        advantage of these opportunities.
            (7) Professional sports teams and leagues have directly
        benefited from Federal legislation, including the following:
                    (A) Public law 87-331 (15 U.S.C. 1291 et seq;
                commonly referred to as the Sports Antitrust Broadcast
                Act of 1961).
                    (B) Public law 89-800 (80 Stat. 1508; commonly
                referred to as the Football Merger Act of 1966).
                    (C) Public law 93-107 (87 Stat. 350; relating to a
                prohibition of local television blackouts of network
                games which were sold out 72 hours in advance).
                    (D) Federal tax laws that allow depreciation of
                player contracts, capital gains, carryover losses, and
                the formation of Subchapter S corporations.
            (8) The Court of Appeals for the Ninth Circuit ruled in Los
        Angeles Memorial Coliseum Commission v. National Football
        League (726 F.2d 1381 (9th cir. 1984); commonly referred to as
        Raiders I), Los Angeles Memorial Coliseum Commission v.
        National Football League (791 F.2d. 1356 (9th cir. 1986);
        commonly referred to as Raiders II), and National Basketball
        Association v. SDC Basketball Club, Inc. (815 F.2d 562 (9th
        cir. 1987); commonly referred to as Clippers) that a league has
        the authority to prevent a professional sports team from
        relocating from one community to another community.

SEC. 3. TEAM NAME.

    (a) Conditions on Approval of Relocation.--In a case in which a
league approves the relocation of a professional sports team from a
community described in subsection (b)--
            (1) the registered mark that is used to identify the
        professional sports team becomes the property of the league;
            (2) the league shall reserve the registered mark and any
        portion of the registered mark for use only by the community
        from which the team is relocating until the earlier of--
                    (A) the expiration of the registered mark; or
                    (B) the date on which the community informs the
                league that a professional sports team will not be
                using the registered mark; and
            (3) the registered mark or any portion of the registered
        mark may not be used by another professional sports team in the
        same league.
    (b) Communities Covered.--A community referred to in subsection (a)
is a community in which a professional sports team has been located for
a period of at least 10 years.

SEC. 4. NOTICE OF PROPOSED RELOCATION OF A PROFESSIONAL SPORTS TEAM.

    (a) Requirement.--A professional sports team owner seeking to
relocate the team from one community to another shall provide notice of
the proposed relocation to the parties listed in subsection (b) not
later than 180 days before the commencement of the season in which the
professional sports team is to play in the new community.
    (b) Parties.--The notice required under subsection (a) shall be
provided to--
            (1) the local government for the community in which the
        professional sports team's stadium or arena is located;
            (2) the owner or operator of such stadium or arena; and
            (3) each professional sports team that is a member of the
        league for the professional sport concerned.
    (c) Additional Requirements.--The notice required under subsection
(a) shall--
            (1) be delivered in person or by certified mail;
            (2) be published in one or more newspapers of general
        circulation within the community in which the professional
        sports team is located; and
            (3) contain an identification of the proposed new location
        for the professional sports team, a summary of the reasons for
        moving the professional sports team based on the factors listed
        in section 7, and the date on which the proposed change is
        scheduled to become effective.

SEC. 5. REQUIREMENT TO MAKE EXPANSION TEAMS AVAILABLE TO COMMUNITIES
              UPON THE FULFILLMENT OF CERTAIN CONDITIONS.

    (a) League Requirement to Grant Franchise.--Not later than 12
months after the submission of the name of an investor under subsection
(b) to a league, the league shall grant to the investor a new expansion
professional sports team franchise from the league at a fee in an
amount no greater than an amount equal to 85 percent of the franchise
fee charged by the league for the last expansion professional sports
team franchise granted by the league.
    (b) Three-Year Opportunity for Investment.--The requirement of
subsection (a) applies to a league in any case in which--
            (1) the league approves, on or after January 1, 1993, the
        relocation of a professional sports team from one community to
        another;
            (2) not later than three years after such relocation, the
        community in which the team was previously located submits to
        the league the name of an investor to be granted a new
        professional sports team franchise in such community by the
        league; and
            (3) the investor demonstrates that he is financially able
        to purchase and support a team by placing the amount described
        under subsection (a), in addition to an amount equal to the
        sale price of the last professional sports team sale approved
        by the league, in an escrow account.
    (c) Ten-Year Relocation Prohibition.--In the case of a grant of a
professional sports team franchise under subsection (a), the league may
approve a resale of the team, but may not approve a relocation of the
team during the ten-year period beginning on the date of the grant of
the expansion professional sports team franchise.
    (d) Exception.--This section shall not apply in the case of a
community with a professional sports team if the team relocates within
60 miles of the community.

SEC. 6. LEAGUE RELOCATION AUTHORITY AND RELOCATION DETERMINATION
              CRITERIA.

    (a) League Authority.--It is not unlawful by reason of the
antitrust laws for a professional sports league to enforce rules or
agreements authorizing the membership of such league to decide whether
a professional sports team that is a member of the league may relocate
from one community to another.
    (b) Determination Criteria.--In determining whether to approve or
disapprove the relocation of a professional sports team from one
community to another, a league shall make specific findings regarding--
            (1) the extent to which fan loyalty to and support for the
        team has been demonstrated during the team's tenure in the
        community;
            (2) the degree to which the team has engaged in good faith
        negotiations with appropriate persons concerning terms and
        conditions under which the team would continue to play its
        games in the community;
            (3) the degree to which the owners or managers of the team
        have contributed to any circumstances which might demonstrate
        the need for the relocation;
            (4) the extent to which the team, directly or indirectly,
        received public financial support by means of any publicly
        financed playing facility, special tax treatment, or any other
        form of public financial support;
            (5) the adequacy of the stadium in which the team played
        its home games in the previous season, and the willingness of
        the stadium, arena authority, or the local government to remedy
        any deficiencies in such facility;
            (6) whether the team has incurred net operating losses,
        exclusive of depreciation and amortization, sufficient to
        threaten the continued financial viability of the team;
            (7) whether any other team in the league is located in the
        community in which the team is currently located;
            (8) whether the team proposes to relocate to a community in
        which no other team in the league is located;
            (9) whether the stadium authority, if public, is not
        opposed to such relocation; and
            (10) whether there is a bona fide investor offering fair
        market value for the professional sports team and will retain
        the team in the current community.

SEC. 7. ENFORCEMENT.

    (a) Penalties for Failure to Comply.--A league that violates the
requirement of section 5(a) by failing to grant a new professional
sports team franchise--
            (1) is liable to the community in which the team was
        previously located for damages equal to three times the
        purchase price of the team; and
            (2) is subject to the suspension for one season of its
        antitrust exemption for pooling the broadcasting rights to
        games under Public Law 87-331 (15 U.S.C. 1291 et seq.).
    (b) Enforcement by the Federal Trade Commission.--The provisions of
this Act shall be enforced by the Federal Trade Commission under the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).

SEC. 8. INAPPLICABILITY TO CERTAIN MATTERS.

    Nothing in this Act shall--
            (1) alter, determine, or otherwise affect the applicability
        or inapplicability of the antitrust laws, the labor laws, or
        any other provision of law to the wages, hours, or other terms
        and conditions of employment of players in any professional
        sports league, to any employment matter regarding players in
        any such league or to any collective bargaining rights and
        privilege of any player union in any such league;
            (2) alter or affect the applicability or inapplicability of
        the antitrust laws or any applicable Federal or State law
        regarding broadcasting or telecasting, including those
        contained under section 1291 of title 15, United States Code,
        to any agreement between any professional sports league or a
        professional sports team that is a member of the league and any
        person not affiliated with such a league for the broadcasting
        or telecasting of the games of such league or members of the
        league on any form of television;
            (3) affect any contract, or provision of a contract,
        relating to the use of a stadium or arena between a
        professional sports team and the owner or operator of any
        stadium or arena or any other person;
            (4) exempt from the antitrust laws any agreement to fix the
        prices of admission to sports contests;
            (5) exempt from the antitrust laws any predatory practice
        or other conduct with respect to competing sports leagues which
        would otherwise be unlawful under the antitrust laws; or
            (6) except as provided in this Act, alter, determine, or
        otherwise affect the applicability or inapplicability of the
        antitrust laws to any act, contract, agreement, rule, course of
        conduct, or other activity by, between, or among persons
        engaging in, conducting, or participating in professional
        football, basketball, hockey, or baseball.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Antitrust laws.--The term ``antitrust laws''--
                    (A) has the meaning giving it in subsection (a) of
                the first section of the Clayton Act (15 U.S.C. 12(a)),
                except that such term includes section 5 of the Federal
                Trade Commission Act (15 U.S.C. 45) to the extent such
                section applies to unfair methods of competition; and
                    (B) includes any State law similar to the laws
                referred to in subparagraph (A).
            (2) Community.--The term ``community'' means a city,
        county, parish, town, township, village, or any other general
        function governmental unit established by State law.
            (3) Investor.--The term ``investor'' means any person or
        group of persons, including a community.
            (4) League.--The terms ``league'' and ``professional sports
        league'' mean an association composed of two or more
        professional sports teams (which have been engaged in
        competition in their sport for more than seven years) which has
        adopted, accepted, or put into effect rules for the conduct of
        professional sports teams which are members of that association
        and for the regulation of contests and exhibitions in which
        such teams regularly engage. The term includes--
                    (A) the National Football League;
                    (B) the National Hockey League;
                    (C) the National Basketball Association; and
                    (D) Major League Baseball.
            (5) Located.--The term ``located'', with respect to a
        professional sports team, means situated in the stadium or
        arena in which the professional sports team plays its home
        games.
            (6) Professional Sports Team.--The term ``professional
        sports team'' means any group of professional athletes
        organized to play major league football, hockey, basketball, or
        baseball.

SEC. 10. EFFECTIVE DATE.

    This Act takes effect as of August 1, 1995.

Summary: Fan Freedom and Community Protection Act of 1996 - Requires a professional sports team owner seeking to relocate the team to provide notice to the local government for the community in which the team's stadium or arena is located , the sports authority with jurisdiction over the stadium or facility, any owner or operator of such stadium or facility, and the professional sports league concerned and each member team. Requires such notice to: (1) be delivered in person or by certified mail and published in one or more newspapers of general circulation within the home community. And (2) include the proposed new location, a summary of the reasons for moving, and the date on which the change is scheduled to become effective. Directs a league, within a year after the submission of the name of an investor, to grant to the investor a new expansion team franchise at a fee no greater, and on terms and conditions no less favorable, than those granted to the last expansion team franchise granted. Authorizes the league, for ten years after granting an expansion team franchise, to approve a resale of the team but not the team's relocation, except as provided herein. Makes this section inapplicable to a team that relocates within 25 miles of the home community and remains within the State in which the home community is located. Permits, under the antitrust laws, a league to enforce rules or agreements authorizing its membership to decide whether a member team may relocate. Requires a league, in determining whether to approve such relocation, to make specific written findings, including findings regarding fan loyalty and the extent to which the team received public financial support. Specifies that no decision by a league to permit a relocation shall be valid or final until the league has: (1) conducted at least two public hearings in the home community. (2) permitted any interested member of the public to deliver oral, or file written, comments. (3) published written findings in a local home community newspaper setting forth the basis of such decision. And (4) delivered copies of such findings to the local government of the home community and any sports authority. Requires an owner who relocates a team from one playing facility to another and who, in so doing, breaches a contract with the State or local government to pay to such government the value of financial assistance provided by the State or local government to the team. Makes a team owner who violates the requirement of this section liable to the State or local government that provided financial assistance to the team for an amount equal to three times the value of the assistance provided. Makes a league that violates the requirement to grant a new team franchise: (1) liable to the home community in which a team was previously located for damages of three times the purchase price or market value of the team, whichever is greater. (2) subject to the suspension for one season of its antitrust exemption for pooling the broadcasting rights to games. And (3) subject to the loss of the antitrust exemption under this Act for the franchise relocation that led to the violation. Sets forth enforcement provisions.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NSF Major Research Facility Reform
Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Director of
        the Foundation.
            (2) Foundation.--The term ``Foundation'' means the National
        Science Foundation established under section 2 of the National
        Science Foundation Act of 1950 (42 U.S.C. 1861).
            (3) Major multi-user research facility.--The term ``major
        multi-user research facility'' means a science and engineering
        infrastructure construction project that exceeds the lesser of
        10 percent of a Directorate's annual budget or $100,000,000 in
        total project cost that is funded in the major research
        equipment and facilities construction account, or any successor
        thereto.

SEC. 3. MANAGEMENT AND OVERSIGHT OF LARGE FACILITIES.

    (a) Large Facilities Office.--The Director shall maintain a Large
Facilities Office. The functions of the Large Facilities Office shall
be to support the research directorates in the development,
implementation, and assessment of major multi-user research facilities,
including by--
            (1) serving as the Foundation's primary resource for all
        policy or process issues related to the development and
        implementation of major multi-user research facilities;
            (2) serving as a Foundation-wide resource on project
        management, including providing expert assistance on
        nonscientific and nontechnical aspects of project planning,
        budgeting, implementation, management, and oversight;
            (3) coordinating and collaborating with research
        directorates to share best management practices and lessons
        learned from prior projects; and
            (4) assessing projects during preconstruction and
        construction phases for cost and schedule risk.
    (b) Oversight of Large Facilities.--The Director shall appoint a
senior agency official as head of the Large Facilities Office whose
responsibility is oversight of the development, construction, and
transfer to operations of major multi-user research facilities across
the Foundation.
    (c) Policies for Large Facility Costs.--
            (1) In general.--The Director shall ensure that the
        Foundation's polices for developing and maintaining major
        multi-user research facility construction costs are consistent
        with the best practices described in the March 2009 Government
        Accountability Office Report GAO-09-3SP, or any successor
        report thereto, the Uniform Guidance in 2 CFR part 200, and the
        Federal Acquisition Regulation as appropriate.
            (2) Cost proposal analysis.--
                    (A) General requirement.--The Director shall ensure
                that an external cost proposal analysis is conducted
                for any major multi-user research facility.
                    (B) Resolution of issues found.--The Director, or a
                senior agency official within the Office of the
                Director designated by the Director, shall certify in
                writing that all issues identified during the cost
                analysis, including any findings of unjustified or
                questionable cost items, are resolved before the
                Foundation may execute a construction agreement with
                respect to the project.
                    (C) Transmittal to congress.--The Director shall
                transmit each certification made under subparagraph (B)
                to the Committee on Science, Space, and Technology of
                the House of Representatives, the Committee on
                Commerce, Science, and Transportation of the Senate,
                the Committee on Appropriations of the House of
                Representatives, and the Committee on Appropriations of
                the Senate.
            (3) Incurred cost audits.--The Director shall ensure that
        an incurred cost audit is conducted at least biennially on any
        major multi-user research facility, in accordance with
        Government Auditing Standards as established in Government
        Accountability Office Report GAO-12-331G, or any successor
        report thereto, with the first incurred cost audit to commence
        no later than 12 months after execution of the construction
        agreement.
            (4) Contingencies.--
                    (A) In general.--Except as provided for in
                subparagraph (C)(ii), the Foundation shall--
                            (i) provide oversight for contingency in
                        accordance with Cost Principles Uniform
                        Guidance in 2 CFR part 200.433, or any
                        successor thereto, and the Federal Acquisition
                        Regulation as appropriate, except as provided
                        in this paragraph; and
                            (ii) not make any award which provides for
                        contributions to a contingency reserve held or
                        managed by the awardee, as defined in 2 CFR
                        part 200.433(c).
                    (B) Updating policy manual.--The Foundation shall
                update its Large Facilities Manual and any other
                applicable guidance for contingencies on major multi-
                user research facilities with regard to estimating,
                monitoring, and accounting for contingency.
                    (C) Foundation requirements.--The policy updated
                under subparagraph (B) shall require that the
                Foundation--
                            (i) may only include contingency amounts in
                        an award in accordance with Cost Principles
                        Uniform Guidance in 2 CFR part 200.433, or any
                        successor thereto, and the Federal Acquisition
                        Regulation as appropriate; and
                            (ii) shall retain control over funds
                        budgeted for contingency, but may disburse
                        budgeted contingency funds incrementally to the
                        awardee to ensure project stability and
                        continuity.
                    (D) Awardee requirements.--The policy updated under
                subparagraph (B) shall require that an awardee shall--
                            (i) provide verifiable documentation to
                        support any amounts proposed for contingencies;
                        and
                            (ii) support requests for the release of
                        contingency funds with evidence of a bona fide
                        need and that the amounts allocated to the
                        performance baseline are reasonable and
                        allowable.
                    (E) Current awardees.--The Foundation shall work
                with awardees for whom awards with contingency
                provisions have been made before the date of enactment
                of this Act--
                            (i) to determine if any of their use of
                        contingency funds represents out-of-scope
                        changes for which Foundation's prior written
                        approval was not obtained; and
                            (ii) if out-of-scope changes are found, to
                        identify any financial action that may be
                        appropriate.
            (5) Management fees.--
                    (A) Definition.--In this paragraph, the term
                ``management fee'' means a portion of an award made by
                the Foundation for the purpose of covering ordinary and
                legitimate business expenses necessary to maintain
                operational stability which are not otherwise allowable
                under Cost Principles Uniform Guidance in 2 CFR part
                200, Subpart E, or any successor regulation thereto.
                    (B) Limitation.--The Foundation may provide a
                management fee under an award only if the awardee
                provides justification as to the need for such funds.
                In such cases, the Foundation shall take into account
                the awardee's overall financial circumstances when
                determining the amount of the fee if justified.
                    (C) Financial information.--The Foundation shall
                require award applicants to provide income and
                financial information covering a period of no less than
                3 prior years (or in the case of an entity established
                less than 3 years prior to the entity's application
                date, the period beginning on the date of establishment
                and ending on the application date), including cash on
                hand and net asset information, in support of a request
                for management fees. The Foundation shall also require
                awardees to report to the Foundation annually any
                sources of non-Federal funds received in excess of
                $50,000 during the award period.
                    (D) Expense reporting.--The Foundation shall
                require awardees to track and report to the Foundation
                annually all expenses reimbursed or otherwise paid for
                with management fee funds, in accordance with Federal
                accounting practices as established in Government
                Accountability Office Report GAO-12-331G, or any
                successor report thereto.
                    (E) Audits.--The Inspector General of the
                Foundation may audit any Foundation award for
                compliance with this paragraph.
                    (F) Prohibited uses.--An awardee may not use
                management fees for--
                            (i) costs allowable under Cost Principles
                        Uniform Guidance in 2 CFR part 200, Subpart E,
                        or any successor regulation thereto;
                            (ii) alcoholic beverages;
                            (iii) tickets to concerts, sporting, or
                        other entertainment events;
                            (iv) vacation or other travel for
                        nonbusiness purposes;
                            (v) charitable contributions, except for a
                        charitable contribution of direct benefit to
                        the project or activity supported by the
                        management fee;
                            (vi) social or sporting club memberships;
                            (vii) meals or entertainment for
                        nonbusiness purposes;
                            (viii) luxury or personal items;
                            (ix) lobbying, as described in the Uniform
                        Guidance at 2 CFR 200.450; or
                            (x) any other purpose the Foundation
                        determines is inappropriate.
                    (G) Review.--The Foundation shall review management
                fee usage for each Foundation award on at least an
                annual basis for compliance with this paragraph and the
                Foundation's Large Facilities Manual.
            (6) Report.--Not later than 12 months after the date of
        enactment of this Act, the Director shall submit to Congress a
        report describing the Foundation's policies for developing and
        managing major multi-user research facility construction costs,
        including a description of any aspects of the policies that
        diverge from the best practices recommended in Government
        Accountability Office Report GAO-09-3SP, or any successor
        report thereto, and the Uniform Guidance in 2 CFR part 200.
            (7) Noncompliance.--The Director shall ensure that the
        Foundation shall take the enforcement actions specified in 45
        CFR 92.43 for noncompliance with this section.

SEC. 4. WHISTLEBLOWER EDUCATION.

    (a) In General.--The Foundation shall be subject to section 4712 of
title 41, United States Code.
    (b) Education and Training.--The Foundation shall provide education
and training for Foundation managers and staff on the requirements of
such section 4712, and provide information on such section to all
awardees, contractors, and employees of such awardees and contractors.

            Passed the House of Representatives June 14, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

Summary: This measure has not been amended since it was reported to the House on June 13, 2016. NSF Major Research Facility Reform Act of 2016 This bill directs the National Science Foundation (NSF) to maintain a Large Facilities Office to support its research directorates in the development, implementation, and assessment of major multi-user research facilities. The NSF shall appoint a senior agency official to head the Office, whose responsibility shall be to oversee development, construction, and transfer to operations of major multi-user facilities across the NSF. The bill requires: an external cost proposal analysis for any major multi-user research facility. The resolution of all issues identified, including any unjustified or questionable cost items. And biennial incurred cost audits of any such facility. The NSF shall not make any award which arranges for contributions to an awardee's contingency reserve. The NSF shall update its Large Facilities Manual and any other applicable guidance for estimating, monitoring, and accounting for contingencies on major multi-user research facilities. The updated policy shall state that the NSF: (1) may only include contingency amounts in an award meeting specified criteria. And (2) shall retain control over funds budgeted for contingency, but may disburse budgeted contingency funds incrementally to an awardee to ensure project stability and continuity. An awardee shall: (1) furnish verifiable documentation to support proposed contingency amounts, and (2) support requests for the release of contingency funds with evidence of a bona fide need and reasonable and allowable allocations to the performance baseline. The NSF shall work with current awardees to: (1) determine if any of their use of contingency funds represents out-of-scope changes for which prior NSF written approval was not obtained, and (2) identify appropriate financial action regarding any out-of-scope changes found. The NSF may include management fees under an award for ordinary and legitimate business expenses, not otherwise allowable, only if the awardee furnishes a justification of need. The NSF shall require award applicants to report: income and financial information covering at least three prior years, including cash on hand and net asset information, in support of a request for management fees. And any sources of nonfederal funds received in excess of $50,000 during the award period. The NSF shall require awardees to track and report annually all expenses reimbursed or otherwise paid for with management fee funds. The bill specifies prohibited uses for management fees. The bill subjects the NSF to the pilot program for enhancement of contractor protection from reprisal for (whistleblower) disclosure of certain information. The NSF shall arrange for education and training for NSF managers and staff on the pilot program and furnish information on it to all awardees and contractors and their employees.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Benjamin Franklin True Patriot
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Benjamin Franklin stated: ``Those who would give up
        essential Liberty, to purchase a little temporary Safety,
        deserve neither Liberty nor Safety.''.
            (2) The First, Fourth, Fifth, Sixth, Eighth, and Fourteenth
        Amendments to the United States Constitution were established
        to protect the civil rights and liberties of all Americans in
        perpetuity.
            (3) Federal policies adopted since September 11, 2001,
        including provisions in the USA PATRIOT Act (Public Law 107-56)
        and related executive orders, regulations, and actions threaten
        fundamental rights and liberties, including the First, Fourth,
        Fifth, Sixth, Eighth, and Fourteenth Amendments to the
        Constitution by--
                    (A) authorizing the indefinite incarceration of
                noncitizens based on mere suspicion, and the indefinite
                incarceration of citizens designated by the President
                as ``enemy combatants'' without access to counsel or
                meaningful recourse to the Federal courts;
                    (B) limiting the traditional authority of Federal
                courts to curb law enforcement abuse of electronic
                surveillance in antiterrorism investigations and
                ordinary criminal investigations;
                    (C) expanding the authority of Federal agents to
                conduct so-called ``sneak and peek'' or ``black bag''
                searches, in which the subject of the search warrant is
                unaware that his or her property has been searched;
                    (D) granting law enforcement and intelligence
                agencies broad access to personal medical, financial,
                library, and education records with little if any
                judicial oversight;
                    (E) chilling constitutionally protected speech
                through overbroad definitions of ``terrorism'';
                    (F) creating divisions between immigrant
                communities and the police that protect them by
                encouraging involvement of State and local police in
                enforcement of Federal immigration law; and the police
                that protect them;
                    (G) permitting the FBI to conduct surveillance of
                religious services, internet chatrooms, political
                demonstrations, and other public meetings of any kind
                without having any evidence that a crime has been or
                may be committed; and
                    (H) mandating the closure of certain immigration
                removal hearings, including denying judges the
                authority to reject stays of release where bond has
                been ordered and denying noncitizens the right to a
                bond hearing.
            (4) Future legislation, such as legislation drafted
        entitled the Domestic Security Enhancement Act (DSEA) or
        PATRIOT II, contains a multitude of new and sweeping law
        enforcement and intelligence gathering powers many of which are
        not related to terrorism, and would severely dilute and
        undermine many basic constitutional rights as well as disturb
        our unique system of checks and balances by--
                    (A) diminishing personal privacy by removing
                important checks on government surveillance authority;
                    (B) reducing the accountability of government to
                the public by increasing government secrecy;
                    (C) expanding the definition of ``terrorism'' in a
                manner that threatens the constitutionally protected
                rights of Americans; and
                    (D) seriously eroding the right of all persons to
                due process of law.
            (5) The above new and unprecedented powers pose threats to
        all Americans and particularly to the civil rights and
        liberties of the residents of our Nation who are Arab, Muslim,
        or of South Asian descent.

SEC. 3. NINETY-DAY REVIEW PERIOD.

    Each provision of law, regulation, or other policy directive listed
in sections 4 through 10, and any amendments made by that provision,
shall cease to have effect 90 days after the date of the enactment of
this Act. During this 90-day period, the Congress may, at the request
of the President, hold hearings to determine whether a particular
section should be removed from the list in section 4.

SEC. 4. PROVISIONS IN THE USA PATRIOT ACT.

    The provisions in the USA PATRIOT Act (Public Law 107-56) to which
section 3 applies are:
            (1) Section 213, relating to ``sneak and peak searches''.
            (2) Section 214, relating to the use of pen registers for
        foreign intelligence purposes.
            (3) Section 215, relating to the obtaining by the
        Government of certain business records.
            (4) Section 216, relating to the use of pen registers in
        criminal cases.
            (5) Section 218, relating to the Foreign Intelligence
        Surveillance Act.
            (6) Section 411, relating to new grounds for deportation.
            (7) Section 412, relating to mandatory detention of certain
        aliens.
            (8) Section 505, relating to national security letters.
            (9) Section 507, relating to educational records.
            (10) Section 508, relating to collection and disclosure of
        individually identifiable information under the National
        Education Statistics Act of 1994.
            (11) Section 802, relating to the definition of domestic
        terrorism.

SEC. 5. PROVISIONS OF AVIATION SECURITY ACT EXCLUDING PERMANENT
              RESIDENT ALIENS FROM BEING BAGGAGE CHECKERS.

    Section 3 also applies to section 44935(e)(2)(A)(ii) of title 49,
United States Code.

SEC. 6. HOMELAND SECURITY ACT OF 2002 PROVISIONS.

    Section 3 also applies to the following provisions of the Homeland
Security Act of 2002:
            (1) Section 214, relating to an exemption from the Freedom
        of Information Act.
            (2) Section 871, relating to an exemption from the Federal
        Advisory Committee Act.

SEC. 7. IMMIGRATION REGULATIONS PROVISIONS.

    Section 3 also applies to the following provisions of regulations:
            (1) The regulation found at 66 Federal Register 48334-35
        (September 20, 2001) relating to time held without charges.
            (2) The regulation found at 66 Federal Register 54909-12
        (October 31, 2001) relating to automatic stays for the
        Government in immigration hearings.
            (3) The so-called ``Creppy memo'' that mandates closed
        immigration hearings in certain cases, and 67 Federal Register
        54878 (August 26, 2002) relating to restructuring appeals.
            (4) Any legal opinion or regulation that increases the
        powers of the Attorney General to authorize State or local law
        enforcement officers to exercise Federal immigration
        enforcement beyond those given in 8 CFR Part 2 or 28 CFR Part
        65.
            (5) The regulation found at 67 Federal Register 52584
        (August 12, 2002), relating to registration and monitoring of
        certain aliens, and all notices published pursuant to that
        regulation.

SEC. 8. ATTORNEY-CLIENT MONITORING.

    Section 3 also applies to the regulation found at 66 Federal
Register 55063, relating to monitoring conversations between attorneys
and clients.

SEC. 9. SECRECY ORDERS.

    Section 3 also applies to the memorandum of Attorney General
Ashcroft dated October 12, 2001 and relating to the disclosure of
documents under the Freedom of Information Act.

SEC. 10. THORNBURG GUIDELINES ON RELIGIOUS INSTITUTION SPYING.

    Section 3 also applies to any regulations having the effect of
changing the effect of the Attorney General's Guidelines on General
Crimes, Racketeering Enterprise and Domestic Security/Terrorism
Investigations approved by Attorney General Dick Thornburg for the
Department of Justice on March 21, 1989.

Summary: Benjamin Franklin True Patriot Act - Provides that each provision of law, regulation, or other policy directive listed in this Act and any amendments made by that provision, shall cease to have effect 90 days after the date of the enactment of this Act. Authorizes Congress, during such period and at the request of the President, to hold hearings to determine whether a particular section should be removed from the list with respect to the USA PATRIOT Act. Applies this Act to specified provisions in: (1) the USA PATRIOT Act. (2) the Aviation Security Act excluding permanent resident aliens from being baggage checkers, (3) the Homeland Security Act 2002, (4) certain immigration regulations. (5) the Federal Register relating to monitoring conversations between attorneys and clients. (6) the memorandum of Attorney General Ashcroft dated October 12, 2001, and relating to the disclosure of documents under the Freedom of Information Act. And (7) any regulations having the effect of changing the effect of Attorney General Dick Thornburg's Guidelines on General Crimes, Racketeering Enterprise and Domestic SecurityTerrorism Investigations , approved March 21, 1989.

To provide for an appropriate review of recently enacted legislation relating to terrorism to assure that powers granted in it do not inappropriately undermine civil liberties.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Solar Stimulus for Job Creation and
Energy Independence Act of 2009''.

SEC. 2. REFUNDABLE INVESTMENT CREDIT FOR PROPERTY USED TO MANUFACTURE
              SOLAR ENERGY PROPERTY.

    (a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 (defining energy property) is amended by
striking ``or'' at the end of clause (vi), by adding ``or'' at the end
of clause (vii), and by inserting after clause (vii) the following new
clause:
                            ``(viii) property used to manufacture
                        equipment described in clause (i) or (ii),''.
    (b) Credit To Be Refundable.--
            (1) In general.--Subsection (c) of section 38 of the
        Internal Revenue Code of 1986 (relating to limitation based on
        amount of tax) is amended by redesignating paragraph (5) as
        paragraph (6) and by inserting after paragraph (4) the
        following new paragraph:
            ``(5) Special rules for solar energy investment credit.--
                    ``(A) In general.--In the case of the solar energy
                investment credit--
                            ``(i) this section and section 39 shall be
                        applied separately with respect to such credit,
                            ``(ii) in applying paragraph (1) to such
                        credit--
                                    ``(I) the tentative minimum tax
                                shall be treated as being zero, and
                                    ``(II) the limitation under
                                paragraph (1) (as modified by subclause
                                (I)) shall be reduced by the credit
                                allowed under subsection (a) for the
                                taxable year (other than the solar
                                energy investment credit), and
                            ``(iii) the amount of the solar energy
                        investment credit in excess of the limitation
                        under paragraph (1) (as modified by subclause
                        (II)) shall be treated as a credit under
                        subpart C.
                    ``(B) Solar energy investment credit.--For purposes
                of this subsection, the term `solar energy investment
                credit' means so much of the energy credit as is
                attributable to property described in clause (viii) of
                section 48(a)(3)(A).
                    ``(C) Termination.--This paragraph shall not apply
                to any taxable year ending after December 31, 2010.''.
            (2) Conforming amendments.--
                    (A) Subclause (II) of section 38(c)(2)(A)(ii) of
                such Code is amended by striking ``and the specified
                credits'' and inserting ``the specified credits, and
                the solar energy investment credit''.
                    (B) Subclause (II) of section 38(c)(3)(A)(ii) of
                such Code is amended by striking ``and the specified
                credits'' and inserting ``, the specified credits, and
                the solar energy investment credit''.
                    (C) Subclause (II) of section 38(c)(4)(A)(ii) of
                such Code is amended by inserting ``and the solar
                energy investment credit'' after ``specified credits''.
                    (D) Paragraph (2) of section 1324(b) of title 31,
                United States Code, is amended by inserting
                ``38(c)(5),'' after ``36,''.
    (c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.

SEC. 3. EXCEPTION FROM SUBSIDIZED ENERGY FINANCING RULES FOR SOLAR
              ENERGY PROPERTY.

    (a) In General.--Subparagraph (C) of section 48(a)(4) of the
Internal Revenue Code of 1986 (defining subsidized energy financing) is
amended by adding at the end the following new sentence: ``Such term
shall not include any loan described in section 141(c)(2)(D).''
    (b) Effective Date.--The amendment made by subsection (a) shall
apply to property placed in service after such date in taxable years
ending after such date.

SEC. 4. EXCEPTION FROM PRIVATE ACTIVITY BOND TESTS FOR FINANCING OF
              SOLAR ENERGY PROPERTY.

    (a) Exception From Private Business Use Test.--Paragraph (6) of
section 141(b) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subparagraph:
                    ``(C) Solar energy property.--For purposes of
                subparagraph (A), property described in clause (i) or
                (ii) of section 48(a)(3)(A) shall not be treated as
                used in a trade or business.''.
    (b) Exception From Private Loan Financing Test.--Paragraph (2) of
section 141(c) of the Internal Revenue Code of 1986 (relating to
exception for tax assessment, etc., loans) is amended by striking
``or'' at the end of subparagraph (B), by striking the period at the
end of subparagraph (C) and inserting ``, or'', and by adding at the
end the following new subparagraph:
                    ``(D) enables the borrower to finance the
                acquisition, construction, and installation of property
                described in clause (i) or (ii) of section
                48(a)(3)(A).''.
    (c) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act.

SEC. 5. GOVERNMENT PROCUREMENT OF SOLAR ENERGY.

    Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852) is
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection (d):
    ``(d) Contracts for Renewable Energy.--Notwithstanding section
501(b)(1)(B) of title 40, United States Code, a contract for renewable
energy may be made for a period of not more than 25 years.''.

Summary: Solar Stimulus for Job Creation and Energy Independence Act of 2009 - Amends the Internal Revenue Code to: (1) provide for the refundability of the energy tax credit for investment in property used to manufacture solar energy property through 2010. And (2) exempt certain solar energy property from private activity bond usage and loan financing rules. Amends the Energy Policy Act of 2005 to limit to 25 years the contract period for federal purchases of renewable energy.

A bill to amend the Internal Revenue Code of 1986 to allow a new refundable credit for equipment used to manufacture solar energy property, to waive the application of the subsidized financing rules to such property, and for other purposes.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Critical Minerals and Materials
Promotion Act of 2011''.

SEC. 2. DEFINITION OF CRITICAL MINERALS AND MATERIALS.

    In this Act:
            (1) In general.--The term ``critical minerals and
        materials'' means naturally occurring, nonliving, nonfuel
        substances with a definite chemical composition--
                    (A) that perform an essential function for which no
                satisfactory substitutes exist; and
                    (B) the supply of which has a high probability of
                becoming restricted, leading to physical unavailability
                or excessive costs for the applicable minerals and
                materials in key applications.
            (2) Exclusions.--The term ``critical minerals and
        materials'' does not include ice, water, or snow.

SEC. 3. PROGRAM TO DETERMINE PRESENCE OF AND FUTURE NEEDS FOR CRITICAL
              MINERALS AND MATERIALS.

    (a) In General.--The Secretary of the Interior, acting through the
United States Geological Survey, shall establish a research and
development program--
            (1) to provide data and scientific analyses for research
        on, and assessments of the potential for, undiscovered and
        discovered resources of critical minerals and materials in the
        United States and other countries; and
            (2) to analyze and assess current and future critical
        minerals and materials supply chains--
                    (A) with advice from the Energy Information
                Administration on future energy technology market
                penetration; and
                    (B) using the Mineral Commodity Summaries produced
                by the United States Geological Survey.
    (b) Global Supply Chain.--The Secretary shall, if appropriate,
cooperate with international partners to ensure that the program
established under subsection (a) provides analyses of the global supply
chain of critical minerals and materials.

SEC. 4. PROGRAM TO STRENGTHEN THE DOMESTIC CRITICAL MINERALS AND
              MATERIALS SUPPLY CHAIN FOR CLEAN ENERGY TECHNOLOGIES.

    The Secretary of Energy shall conduct a program of research,
development, and demonstration to strengthen the domestic critical
minerals and materials supply chain for clean energy technologies and
to ensure the long-term, secure, and sustainable supply of critical
minerals and materials sufficient to strengthen the national security
of the United States and meet the clean energy production needs of the
United States, including--
            (1) critical minerals and materials production, processing,
        and refining;
            (2) minimization of critical minerals and materials in
        energy technologies;
            (3) recycling of critical minerals and materials; and
            (4) substitutes for critical minerals and materials in
        energy technologies.

SEC. 5. STRENGTHENING EDUCATION AND TRAINING IN MINERAL AND MATERIAL
              SCIENCE AND ENGINEERING FOR CRITICAL MINERALS AND
              MATERIALS PRODUCTION.

    (a) In General.--The Secretary of Energy shall promote the
development of the critical minerals and materials industry workforce
in the United States.
    (b) Support.--In carrying out subsection (a), the Secretary shall
support--
            (1) critical minerals and materials education by providing
        undergraduate and graduate scholarships and fellowships at
        institutions of higher education, including technical and
        community colleges;
            (2) partnerships between industry and institutions of
        higher education, including technical and community colleges,
        to provide onsite job training; and
            (3) development of courses and curricula on critical
        minerals and materials.

SEC. 6. SUPPLY OF CRITICAL MINERALS AND MATERIALS.

    (a) Policy.--It is the policy of the United States to promote an
adequate and stable supply of critical minerals and materials necessary
to maintain national security, economic well-being, and industrial
production with appropriate attention to a long-term balance between
resource production, energy use, a healthy environment, natural
resources conservation, and social needs.
    (b) Implementation.--To implement the policy described in
subsection (a), the President, acting through the Executive Office of
the President, shall--
            (1) coordinate the actions of applicable Federal agencies;
            (2) identify critical minerals and materials needs and
        establish early warning systems for critical minerals and
        materials supply problems;
            (3) establish a mechanism for the coordination and
        evaluation of Federal critical minerals and materials programs,
        including programs involving research and development, in a
        manner that complements related efforts carried out by the
        private sector and other domestic and international agencies
        and organizations;
            (4) promote and encourage private enterprise in the
        development of economically sound and stable domestic critical
        minerals and materials supply chains;
            (5) promote and encourage the recycling of critical
        minerals and materials, taking into account the logistics,
        economic viability, environmental sustainability, and research
        and development needs for completing the recycling process;
            (6) assess the need for and make recommendations concerning
        the availability and adequacy of the supply of technically
        trained personnel necessary for critical minerals and materials
        research, development, extraction, and industrial practice,
        with a particular focus on the problem of attracting and
        maintaining high-quality professionals for maintaining an
        adequate supply of critical minerals and materials; and
            (7) report to Congress on activities and findings under
        this subsection.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such
sums as are necessary.

Summary: Critical Minerals and Materials Promotion Act of 2011 - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a research and development program to: (1) provide data and scientific analyses for research on, and assessments of the potential for, undiscovered and discovered resources of critical minerals and materials in the United States and other countries. (2) analyze and assess current and future critical minerals and materials supply chains. And (3) cooperate with international partners to ensure that the research and assessment programs provide analyses of the global supply chain of critical minerals and materials. Directs the Secretary of Energy (DOE) to conduct a research, development, and demonstration program to strengthen the domestic critical minerals and materials supply chain for clean energy technologies, and to ensure the long-term, secure, and sustainable supply of critical minerals and materials sufficient to strengthen the national security and meet the clean energy production needs of the United States. Directs the Secretary of Energy to promote the development of the critical minerals and materials industry workforce in the United States by supporting: (1) critical minerals and materials education by providing undergraduate and graduate scholarships and fellowships at institutions of higher education, including technical and community colleges. (2) partnerships between industry and institutions of higher education, including technical and community colleges, to provide onsite job training. And (3) development of courses and curricula on critical minerals and materials. Expresses the policy of the United States to promote an adequate and stable supply of critical minerals and materials necessary to maintain national security, economic well-being, and industrial production with appropriate attention to a long-term balance between resource production, energy use, a healthy environment, natural resources conservation, and social needs. Directs the President take specified steps to implement such policy.

A bill to promote the domestic production of critical minerals and materials, and for other purposes.