SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Equity for Temporary Workers Act of
1999''.

SEC. 2. TEMPORARY WORKER RIGHTS.

    (a) Discrimination.-- No employer shall discriminate with respect
to wages, hours, and other terms and conditions of employment against
any temporary employee.
    (b) Benefits.--After a temporary employee works for an employer for
1,000 hours during a 12-month period, whether placed in the employ of
such employer by the employer, by a temporary help agency or staffing
firm, or under a leasing arrangement by a third party, such temporary
employee shall be eligible to receive any benefit offered by the
employer to other permanent employees.

SEC. 3. EQUAL PAY FOR TEMPORARY EMPLOYEES.

    (a) General Rule.--An employer having employees subject to section
6 of the Fair Labor Standards Act of 1938 shall not discriminate,
within any establishment in which such employees are employed, between
employees on the basis of employment status by paying wages to
temporary employees in such establishment at a rate less than the rate
at which the employer pays wages to full-time employees in such
establishment for equal work on jobs the performance of which requires
equal skill, effort, and responsibility, and which are performed under
similar working conditions, except where such payment is made pursuant
to--
            (1) a seniority system;
            (2) a merit system;
            (3) a system that measures earning by quantity or quality
        of production; or
            (4) a differential based on any other factor other than
        employment status.
    (b) Wage Reduction.--An employer who is paying a wage rate
differential in violation of this section shall not, in order to comply
with the provisions of this section, reduce the wage rate of any
employee.
    (c) Labor Organization.--No labor organization, or its agents,
representing the employees of an employer having employees subject to
section 6 of the Fair Labor Standards Act of 1938 shall cause or
attempt to cause such an employer to discriminate against an employee
in violation of this section.
    (d) Unpaid Wages.--For purposes of administration and enforcement,
any amounts owing to any employee that have been withheld in violation
of this section shall be deemed to be unpaid minimum wages or unpaid
overtime compensation under section 5.
    (e) Definition.--As used in this section, the term ``labor
organization'' means any organization of any kind, or any agency or
employee representation committee or plan, in which employers
participate and which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances, labor disputes, wages,
rates of pay, hours of employment, or conditions of work.

SEC. 4. LIABILITY TO ALL PERSONS ON WORKSITE.

    Section 5(a)(1) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 654(a)(1)) is amended to read as follows:
            ``(1) shall, at the place of employment of the employer,
        furnish to each person at such place a place which is free from
        recognized hazards that are causing or are likely to cause
        death or serious physical harm to such persons; and''.

SEC. 5. ENFORCEMENT.

    (a) Civil Action by Employees.--
            (1) Liability.--Any employer who violates section 2 or 3
        shall be liable to any eligible employee affected--
                    (A) for damages equal to--
                            (i) the amount of any wages, salary,
                        employment benefits, or other compensation
                        denied or lost to such employee by reason of
                        the violation;
                            (ii) the interest on the amount described
                        in clause (i) calculated at the prevailing
                        rate; and
                            (iii) an additional amount as liquidated
                        damages equal to the sum of the amount
                        described in clause (i) and the interest
                        described in clause (ii), except that if an
                        employer who has violated section 2 or 3 proves
                        to the satisfaction of the court that the act
                        or omission which violated such section was in
                        good faith and that the employer had reasonable
                        grounds for believing that the act or omission
                        was not a violation of such section, such court
                        may, in the discretion of the court, reduce the
                        amount of the liability to the amount and
                        interest determined under clauses (i) and (ii),
                        respectively; and
                    (B) for such equitable relief as may be
                appropriate, including employment, reinstatement, and
                promotion.
            (2) Right of action.--An action to recover the damages or
        equitable relief prescribed in paragraph (1) may be maintained
        against any employer (including a public agency) in any Federal
        or State court of competent jurisdiction by any one or more
        employees for and in behalf of--
                    (A) the employees; or
                    (B) the employees and other employees similarly
                situated.
            (3) Fees and costs.--The court in such an action shall, in
        addition to any judgment awarded to the plaintiff, allow a
        reasonable attorney's fee, reasonable expert witness fees, and
        other costs of the action to be paid by the defendant.
            (4) Limitations.--The right provided by paragraph (2) to
        bring an action by or on behalf of any employee shall
        terminate--
                    (A) on the filing of a complaint by the Secretary
                in an action under subsection (d) in which restraint is
                sought of any further delay in the payment of the
                amount described in paragraph (1)(A) to such employee
                by an employer responsible under paragraph (1) for the
                payment; or
                    (B) on the filing of a complaint by the Secretary
                in an action under subsection (b) in which a recovery
                is sought of the damages described in paragraph (1)(A)
                owing to an eligible employee by an employer liable
                under paragraph (1),
        unless the action described in subparagraph (A) or (B) is
        dismissed without prejudice on motion of the Secretary.
    (b) Action by the Secretary.--
            (1) Administrative action.--The Secretary shall receive,
        investigate, and attempt to resolve complaints of violations of
        section 2 or 3 in the same manner that the Secretary receives,
        investigates, and attempts to resolve complaints of violations
        of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29
        U.S.C. 206 and 207).
            (2) Civil action.--The Secretary may bring an action in any
        court of competent jurisdiction to recover the damages
        described in subsection (a)(1)(A).
            (3) Sums recovered.--Any sums recovered by the Secretary
        pursuant to paragraph (2) shall be held in a special deposit
        account and shall be paid, on order of the Secretary, directly
        to each employee affected. Any such sums not paid to an
        employee because of inability to do so within a period of 3
        years shall be deposited into the Treasury of the United States
        as miscellaneous receipts.
    (c) Limitation.--
            (1) In general.--Except as provided in paragraph (2), an
        action may be brought under this section not later than 2 years
        after the date of the last event constituting the alleged
        violation for which the action is brought.
            (2) Willful violation.--In the case of such action brought
        for a willful violation of section 2 or 3, such action may be
        brought within 3 years of the date of the last event
        constituting the alleged violation for which such action is
        brought.
            (3) Commencement.--In determining when an action is
        commenced by the Secretary under this section for the purposes
        of this subsection, it shall be considered to be commenced on
        the date when the complaint is filed.
    (d) Action for Injunction by Secretary.--The district courts of the
United States shall have jurisdiction, for cause shown, in an action
brought by the Secretary--
            (1) to restrain violations of section 2 or 3, including the
        restraint of any withholding of payment of wages, salary,
        employment benefits, or other compensation, plus interest,
        found by the court to be due to eligible employees; or
            (2) to award such other equitable relief as may be
        appropriate, including employment, reinstatement, and
        promotion.
    (e) Solicitor of Labor.--The Solicitor of Labor may appear for and
represent the Secretary on any litigation brought under this section.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Employee.--The term ``employee'' means any individual
        who performs services for wages, salary, or other reimbursement
        under any contract of hire, written or oral, express or implied
        with an employer. This individual also works for an employer at
        least 1,000 hours per year.
            (2) Employer.--The term ``employer'' means any person
        engaged in commerce or in any industry or activity affecting
        commerce who employs 100 or more employees for each working day
        during each of 20 or more calendar workweeks in the current or
        preceding calendar year.
            (3) Permanent employee.--The term ``permanent employee''
        means any individual who is hired for an indefinite period of
        time as an employee and is accorded benefits.
            (4) Secretary.--The term ``Secretary'' means the Secretary
        of Labor.
            (5) Temporary agency.--The term ``temporary agency'' means
        any person regularly undertaking with or without compensation
        to procure employees for an employer temporarily or to procure
        for employees opportunities to work for an employer and
        includes an agent of such a person.
            (6) Temporary employee.--The term ``temporary employee''
        means any employee who is not permanent.

Summary: Equity for Temporary Workers Act of 1999 - Prohibits employers from discriminating with respect to wages, hours, and other terms and conditions of employment against any temporary employee. Makes a temporary employee eligible to receive any benefit offered by an employer to other permanent employees after the temporary employee works for the employer for 1,000 hours during a 12-month period, regardless of whether placed by the employer, by a temporary help agency or staffing firm, or under a leasing arrangement by a third party. Requires equal pay for temporary employees. Prohibits employers with employees subject to the Fair Labor Standards Act of 1938 from discriminating between employees on the basis of employment status by paying wages to temporary employees in the same establishment at a rate less than that at which the employer pays full-time employees for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions. Exempts from such prohibition any such payments made pursuant to: (1) a seniority system, (2) a merit system. (3) a system that measures earning by quantity or quality of production. Or (4) a differential based on any other factor other than employment status. Amends the Occupational Safety and Health Act of 1970 to require employers to furnish each employee a place free from recognized hazards that are causing or are likely to cause death or serious physical harm. Sets forth enforcement provisions with respect to violations of this Act, including civil actions by employees and administrative and injunctive actions by the Secretary of Labor.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drive Away From Ethanol Welfare Act
of 1996''.

SEC. 2. REDUCTION OF INCENTIVES FOR ALCOHOL FUELS.

    (a) Denial of Credit for Alcohol Used To Produce Ether.--Subsection
(b) of section 40 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
            ``(6) Denial of credit for alcohol used to produce ether.--
        No credit shall be allowed under this section for alcohol used
        to produce any ether.''
    (b) Limitation on Alcohol Eligible for Credit for Alcohol Used as
Fuel--
            (1) In general.--Subparagraph (A) of section 40(d)(1) of
        such Code (defining alcohol) is amended by striking ``or'' at
        the end of clause (i), by striking the period at the end of
        clause (ii) and inserting ``, or'', and by adding at the end
        the following new clause:
                            ``(iii) alcohol produced by a still (or
                        other distilling apparatus) placed in service
                        after December 31, 1996.''
            (2) Future credit limited to average historical
        production.--Section 40 of such Code is amended by adding at
        the end the following new subsection:
    ``(i) Expanded Production Ineligible for Credit.--
            ``(1) In general.--Subsection (a) shall apply to alcohol
        produced after December 31, 1996, only if the alcohol is
        designated under this subsection by a producer who is
        registered under section 4101.
            ``(2) Designation based on historical production.--The
        amount of alcohol produced by a producer during any calendar
        year which may be designated under this subsection by any
        producer other than an eligible small ethanol producer is the
        amount equal to the average annual amount of alcohol (as
        defined in subsection (d)(1)(A) without regard to clause
        (iii))--
                    ``(A) which was produced by such producer (other
                than casual off-farm production) during the 3-year
                period ending on June 30, 1996, and
                    ``(B) which was sold or used by such producer for
                any purpose described in clause (i) of subsection
                (b)(4)(B).
        For purposes of the preceding sentence, a rule similar to the
        rule of subsection (b)(4)(D) shall apply.
            ``(3) Production for less than entire base period.--
                    ``(A) In general.--If alcohol is produced by a
                producer for less than the entire 3-year period
                referred to in paragraph (2)(A), the average referred
                to in paragraph (2) shall be treated as being equal to
                50 percent of the annual productive capacity of such
                producer as of December 31, 1996.
                    ``(B) Producer may establish higher average
                production.--In the case of a producer who produced
                alcohol during at least the last 3 months of such 3-
                year period, subparagraph (A) shall be applied by
                substituting for `50 percent' the percentage
                established by such producer to the satisfaction of the
                Secretary as the percentage which such producer's
                normal alcohol production is of its productive
                capacity.
            ``(4) Acquisitions and dispositions.--Rules similar to the
        rules of subparagraphs (A) and (B) of section 41(f)(3) shall
        apply for purposes of this subsection.''
            (3) Conforming amendment.--Paragraph (1) of section 40(g)
        of such Code is amended by striking ``clauses (i) and (ii)''
        and inserting ``clauses (i), (ii), and (iii)''.
    (c) Reduction of Credit For Ethanol By Reason of Carbon Dioxide
Byproduct Benefit.--Subsection (h) of section 40 of such Code is
amended--
            (1) by striking ``54 cents'' each place it appears and
        inserting ``51 cents'', and
            (2) by striking ``40 cents'' each place it appears and
        inserting ``38.25 cents''.
    (d) Conforming Reductions of Other Incentives for Ethanol Fuel.--
            (1) Repeal of reduced rate on ethanol fuel produced other
        than from petroleum or natural gas.--Subsection (b) of section
        4041 of such Code is amended to read as follows:
    ``(b) Exemption for Off-Highway Business Use.--
            ``(1) In general.--No tax shall be imposed by subsection
        (a) or (d)(1) on liquids sold for use or used in an off-highway
        business use.
            ``(2) Tax where other use.--If a liquid on which no tax was
        imposed by reason of paragraph (1) is used otherwise than in an
        off-highway business use, a tax shall be imposed by paragraph
        (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) (whichever is
        appropriate) and by the corresponding provision of subsection
        (d)(1) (if any).
            ``(3) Off-highway business use defined.--For purposes of
        this subsection, the term `off-highway business use' has the
        meaning given to such term by section 6421(e)(2); except that
        such term shall not, for purposes of subsection (a)(1), include
        use in a diesel-powered train.''
            (2) Repeal of reduced rate on ethanol fuel produced from
        natural gas.--Subsection (m) of section 4041 of such Code is
        amended--
                    (A) by striking ``or ethanol'' each place it
                appears (including the heading of paragraph (2)), and
                    (B) by striking ``, ethanol, or other alcohol'' in
                paragraph (2) and inserting ``or other alcohol (other
                than ethanol)''.
    (e) Conforming Amendments To Excise Taxes; Fuel Alcohol Taxed in
Same Manner as Other Motor Fuels.--
            (1) In general.--Paragraph (1) of section 4083(a) of such
        Code (defining taxable fuel) is amended by striking ``and'' at
        the end of subparagraph (A), by striking the period at the end
        of subparagraph (B) and inserting ``, and'', and by adding at
        the end the following:
                    ``(C) fuel alcohol.''
            (2) Fuel alcohol.--Subsection (a) of section 4083 of such
        Code is amended by adding at the end the following new
        paragraph:
            ``(4) Fuel alcohol.--The term `fuel alcohol' means any
        alcohol (including ethanol and methanol)--
                    ``(A) which is produced other than from petroleum,
                natural gas, or coal (including peat), and
                    ``(B) which is withdrawn from the distillery where
                produced free of tax under chapter 51 by reason of
                section 5181 or so much of section 5214(a)(1) as
                relates to fuel use.
        Such term shall not include alcohol designated under section
        40(i).''
            (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) of
        such Code is amended by inserting ``or fuel alcohol'' after
        ``gasoline''.
            (4) Special rules for imposition of tax.--
                    (A) Paragraph (1) of section 4081(a) of such Code
                is amended by adding at the end the following new
                subparagraph:
                    ``(C) Special rules for fuel alcohol.--In the case
                of fuel alcohol--
                            ``(i) the distillery where produced shall
                        be treated as a refinery, and
                            ``(ii) subparagraph (B) shall be applied by
                        including transfers by truck or rail in excess
                        of such minimum quantities as the Secretary
                        shall prescribe.''
                    (B) Paragraph (1) of section 4081(b) of such Code
                is amended by inserting ``(other than fuel alcohol
                designated under section 40(i))'' after ``taxable
                fuel''.
            (5) Repeal of reduced rates on alcohol fuels.--
                    (A) Section 4041 of such Code is amended by
                striking subsection (k).
                    (B) Section 4081 of such Code is amended by
                striking subsection (c).
                    (C) Section 4091 of such Code is amended by
                striking subsection (c).
            (6) Conforming amendments.--
                    (A) Subsection (c) of section 40 of such Code is
                amended by striking all that follows ``application of''
                and inserting ``the last sentence of section
                4083(a)(4)''.
                    (B) Paragraph (4) of section 40(d) of such Code is
                amended to read as follows:
            ``(4) Volume of alcohol.--For purposes of determining under
        subsection (a) the number of gallons of alcohol with respect to
        which a credit is allowable under subsection (a), the volume of
        alcohol shall include the volume of any denaturant (including
gasoline) which is added under any formulas approved by the Secretary
to the extent that such denaturants do not exceed 5 percent of the
volume of such alcohol (including denaturants).''
                    (C) Paragraph (2) of section 4041(a) of such Code
                is amended by adding at the end the following: ``No tax
                shall be imposed by this paragraph on the sale or use
                of any liquid if tax was imposed on such liquid under
                section 4081 and the tax thereon was not credited or
                refunded.''
                    (D) Section 6427 of such Code is amended by
                striking subsection (f).
                    (E) Subsection (i) of section 6427 of such Code is
                amended by striking paragraph (3).
                    (F) Paragraph (2) of section 6427(k) of such Code
                is amended by striking ``(3)''.
                    (G)(i) Paragraph (1) of section 6427(l) of such
                Code is amended by striking ``or'' at the end of
                subparagraph (A), by redesignating subparagraph (B) as
                subparagraph (C), and by inserting after subparagraph
                (A) the following new subparagraph:
                    ``(B) any fuel alcohol (as defined in section 4083)
                on which tax has been imposed by section 4081, or''.
                    (ii) Paragraph (2) of section 6427(l) of such Code
                is amended by striking ``and'' at the end of
                subparagraph (A), by redesignating subparagraph (B) as
                subparagraph (C), and by inserting after subparagraph
                (A) the following new subparagraph:
                    ``(B) in the case of fuel alcohol (as so defined),
                any use which is exempt from the tax imposed by section
                4041(a)(2) other than by reason of a prior imposition
                of tax, and''.
                    (iii) The heading of subsection (l) of section 6427
                of such Code is amended by inserting ``, Fuel
                Alcohol,'' after ``Diesel Fuel''.
                    (H) Sections 9503(b)(1)(E) and 9508(b)(2) of such
                Code are each amended by striking ``and kerosene'' and
                inserting ``kerosene, and fuel alcohol''.
                    (I) Section 9502 of such Code is amended by
                striking subsection (e) and by redesignating subsection
                (f) as subsection (e).
                    (J) Subsection (e) of section 9502 of such Code (as
                redesignated by subparagraph (I)) is amended by
                striking paragraph (2) and by redesignating paragraph
                (3) as paragraph (2).
                    (K) Subsection (b) of section 9503 of such Code is
                amended by striking paragraph (5).
                    (L) Paragraph (3) of section 9503(f) of such Code
                is amended to read as follows:
            ``(3) Partially exempt methanol or ethanol fuel.--In the
        case of a rate of tax determined under section 4041(m), the
        Highway Trust Fund financing rate is the excess (if any) of the
        rate so determined over 4.3 cents per gallon.''
    (f) Increase in Small Ethanol Producer Credit.--Subparagraph (A) of
section 40(b)(4) of such Code is amended by striking ``10 cents'' and
inserting ``13 cents''.
    (g) Effective Date.--
            (1) Amendments relating to credit.--The amendments made by
        subsections (a), (b), (c), and (f) shall apply to alcohol
        produced after December 31, 1996, in taxable years ending after
        such date.
            (2) Amendments relating to excise taxes.--The amendments
        made by subsections (d) and (e) shall take effect on January 1,
        1997.
            (3) Stills placed in service pursuant to binding
        contracts.--For purposes of subsections (d)(1)(A)(iii) and
        (i)(3)(A) of section 40 of the Internal Revenue Code of 1986,
        as amended by this section, a still (or other distilling
        apparatus) shall be treated as placed in service before January
        1, 1997, if such still (or other apparatus)--
                    (A) is constructed or acquired by the taxpayer
                pursuant to a written contract which was binding on
                April 30, 1996, and at all times thereafter before such
                construction or acquisition, and
                    (B) is placed in service before January 1, 1998.
    (h) Floor Stock Taxes.--
            (1) Imposition of tax.--In the case of fuel alcohol which
        is held on January 1, 1997, by any person, there is hereby
        imposed a floor stocks tax of 18.4 cents per gallon.
            (2) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding fuel
                alcohol on January 1, 1997, to which the tax imposed by
                paragraph (1) applies shall be liable for such tax.
                    (B) Method of payment.--The tax imposed by
                paragraph (1) shall be paid in such manner as the
                Secretary shall prescribe.
                    (C) Time for payment.--The tax imposed by paragraph
                (1) shall be paid on or before June 30, 1997.
            (3) Definitions.--For purposes of this subsection--
                    (A) Fuel alcohol.--The term ``fuel alcohol'' has
                the meaning given such term by section 4083 of the
                Internal Revenue Code of 1986, as amended by this
                section.
                    (B) Held by a person.--Fuel alcohol shall be
                considered as ``held by a person'' if title thereto has
                passed to such person (whether or not delivery to the
                person has been made).
                    (C) Secretary.--The term ``Secretary'' means the
                Secretary of the Treasury or his delegate.
            (4) Exception for exempt uses.--The tax imposed by
        paragraph (1) shall not apply to fuel alcohol held by any
        person exclusively for any use to the extent a credit or refund
        of the tax imposed by section 4081 of the Internal Revenue Code
        of 1986 is allowable for such use.
            (5) Exception for fuel held in vehicle tank.--No tax shall
        be imposed by paragraph (1) on fuel alcohol held in the tank of
        a motor vehicle or motorboat.
            (6) Exception for certain amounts of fuel.--
                    (A) In general.--No tax shall be imposed by
                paragraph (1) on fuel alcohol held on January 1, 1997,
                by any person if the aggregate amount of fuel alcohol
                held by such person on such date does not exceed 2,000
                gallons. The preceding sentence shall apply only if
                such person submits to the Secretary (at the time and
                in the manner required by the Secretary) such
                information as the Secretary shall require for purposes
                of this paragraph.
                    (B) Exempt fuel.--For purposes of subparagraph (A),
                there shall not be taken into account fuel held by any
                person which is exempt from the tax imposed by
                paragraph (1) by reason of paragraph (4) or (5).
                    (C) Controlled groups.--For purposes of this
                paragraph--
                            (i) Corporations.--
                                    (I) In general.--All persons
                                treated as a controlled group shall be
                                treated as 1 person.
                                    (II) Controlled group.--The term
                                ``controlled group'' has the meaning
                                given to such term by subsection (a) of
                                section 1563 of such Code; except that
                                for such purposes the phrase ``more
                                than 50 percent'' shall be substituted
                                for the phrase ``at least 80 percent''
                                each place it appears in such
                                subsection.
                            (ii) Nonincorporated persons under common
                        control.--Under regulations prescribed by the
                        Secretary, principles similar to the principles
                        of clause (i) shall apply to a group of persons
                        under common control where 1 or more of such
                        persons is not a corporation.
            (7) Other laws applicable.--All provisions of law,
        including penalties, applicable with respect to the taxes
        imposed by section 4081 of such Code shall, insofar as
        applicable and not inconsistent with the provisions of this
        subsection, apply with respect to the floor stock taxes imposed
        by paragraph (1) to the same extent as if such taxes were
        imposed by such section 4081.

Summary: Drive Away from Ethanol Welfare Act of 1996 - Amends the Internal Revenue Code to repeal the credit for alcohol used to produce any ether. Limits other tax incentives to produce alcohol for use as fuel. Reduces the credit for any alcohol which is ethanol.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HOPE VI Green Building and Technical
Assistance Act of 2007''.

SEC. 2. GREEN COMMUNITIES REQUIREMENTS.

    (a) In General.--Section 24(e) of the United States Housing Act of
1937 (42 U.S.C. 1437v(e)) is amended by adding at the end the following
new paragraph:
            ``(4) Green communities requirements.--
                    ``(A) Requirements.--The Secretary may not make a
                grant under this section to an applicant unless the
                revitalization plan of the applicant to be carried out
                with such grant amounts complies with the following
                requirements:
                            ``(i) Affordable housing.--The plan
                        complies with the green communities criteria
                        checklist of the national Green Communities
                        program that provides criteria for the design,
                        development, and operation of affordable
                        housing, as such checklist is in effect upon
                        the date of the enactment of the HOPE VI Green
                        Building and Technical Assistance Act of 2007,
                        as follows:
                                    ``(I) The revitalization plan shall
                                comply with all items of the green
                                communities criteria checklist that are
                                identified as mandatory.
                                    ``(II) The revitalization plan
                                shall comply with such other
                                nonmandatory items of the green
                                communities criteria checklist so as to
                                result in a cumulative number of points
                                attributable to such nonmandatory items
                                under such checklist of not less than--
                                            ``(aa) 25 points, in the
                                        case of any plan (or portion
                                        thereof) consisting of new
                                        construction; and
                                            ``(bb) 20 points, in the
                                        case of any plan (or portion
                                        thereof) consisting of
                                        rehabilitation.
                            ``(ii) Nonresidential structures.--The plan
                        provides that any nonresidential structure
                        covered by the plan that has 50,000 square feet
                        of gross floor area or more complies with
                        version 2.2 of the Leadership in Energy and
                        Environmental Design green building rating
                        system for new construction and major
                        renovations (LEED-NC 2.2) or version 2.0 of
                        such green building rating system for core and
                        shell (LEED-CS 2.0) at the certification level.
                    ``(B) Verification.--
                            ``(i) In general.--The Secretary shall
                        verify, or provide for verification, sufficient
                        to ensure that each revitalization plan carried
                        out with amounts from a grant under this
                        section complies with the requirements under
                        subparagraph (A) and that the revitalization
                        program is carried out in accordance with such
                        requirements and plan.
                            ``(ii) Timing.--In providing for such
                        verification, the Secretary shall establish
                        procedures to ensure such compliance with
                        respect to each grantee, and shall report to
                        the Congress with respect to the compliance of
                        each grantee, at each of the following times:
                                    ``(I) Not later than 60 days after
                                award of a grant under this section for
                                the grantee.
                                    ``(II) Upon completion of the
                                revitalization program of the
                                grantee.''.
    (b) Selection Criteria.--Section 24(e)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) by redesignating subparagraph (L) as subparagraph (M);
        and
            (3) by inserting after subparagraph (K) the following new
        subparagraph:
                    ``(L) the extent of compliance of the
                revitalization program proposed under the plan with the
                nonmandatory items of the national Green Communities
                criteria checklist identified in paragraph (4)(A);
                and''.

SEC. 3. PLANNING AND TECHNICAL ASSISTANCE GRANTS.

    Section 24(m) of the United States Housing Act of 1937 (42 U.S.C.
1437v(m)) is amended by striking paragraph (2) and inserting the
following new paragraph:
            ``(2) Planning and technical assistance grants.--Subject
        only to approvable requests for grants under this paragraph, of
        the amount appropriated pursuant to paragraph (1) for any
        fiscal year, the Secretary shall use not less than two percent
        for grants in such fiscal year to potential applicants and
        applicants for grants under this section to assist such
        entities in developing and planning revitalization programs
        under this section or to recipients of grants under this
        section to assist such recipients in obtaining technical
        assistance in carrying out revitalization programs.''.

Summary: HOPE VI Green Building and Technical Assistance Act of 2007 - Amends the United States Housing Act of 1937 to prescribe green communities requirements for grant applicants regarding revitalization programs for severely distressed public housing. Prohibits the Secretary of Housing and Urban Development from making a grant unless the applicant's revitalization plan complies with both the mandatory and some of the nonmandatory green communities affordable housing design, development, and operation criteria as they appear on the national Green Communities program checklist. Adds to such criteria specified requirements for nonresidential structures covered by the plan. Directs the Secretary to establish verification procedures. Repeals current technical assistance and program oversight funding authority, including those for assistance in connection with establishment and operation of computer centers in public housing through the Neighborhoods Networks initiative. Replaces it with mandatory funding for additional grants to assist: (1) potential and actual revitalization grant applicants in developing and planning revitalization programs. Or (2) revitalization grant recipients in obtaining technical assistance in carrying out such programs.

To require all public housing revitalization projects assisted under the HOPE VI program to meet green communities standards.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``General Services Administration
Modernization Act''.

SEC. 2. FEDERAL ACQUISITION SERVICE.

    (a) Establishment.--
        (1) In general.--Section 303 of title 40, United States Code,
    is amended to read as follows:

``Sec. 303. Federal Acquisition Service

    ``(a) Establishment.--There is established in the General Services
Administration a Federal Acquisition Service. The Administrator of
General Services shall appoint a Commissioner of the Federal
Acquisition Service, who shall be the head of the Federal Acquisition
Service.
    ``(b) Functions.--Subject to the direction and control of the
Administrator of General Services, the Commissioner of the Federal
Acquisition Service shall be responsible for carrying out functions
related to the uses for which the Acquisition Services Fund is
authorized under section 321 of this title, including any functions
that were carried out by the entities known as the Federal Supply
Service and the Federal Technology Service and such other related
functions as the Administrator considers appropriate.
    ``(c) Regional Executives.--The Administrator may appoint Regional
Executives in the Federal Acquisition Service, to carry out such
functions within the Federal Acquisition Service as the Administrator
considers appropriate.''.
        (2) Clerical amendment.--The item relating to section 303 at
    the beginning of chapter 3 of such title is amended to read as
    follows:

``303. Federal Acquisition Service.''.

    (b) Executive Schedule Compensation.--Section 5316 of title 5,
United States Code, is amended by striking ``Commissioner, Federal
Supply Service, General Services Administration.'' and inserting the
following:
        ``Commissioner, Federal Acquisition Service, General Services
    Administration.''.
    (c) References.--Any reference in any other Federal law, Executive
order, rule, regulation, reorganization plan, or delegation of
authority, or in any document--
        (1) to the Federal Supply Service is deemed to refer to the
    Federal Acquisition Service;
        (2) to the GSA Federal Technology Service is deemed to refer to
    the Federal Acquisition Service;
        (3) to the Commissioner of the Federal Supply Service is deemed
    to refer to the Commissioner of the Federal Acquisition Service;
    and
        (4) to the Commissioner of the GSA Federal Technology Service
    is deemed to refer to the Commissioner of the Federal Acquisition
    Service.

SEC. 3. ACQUISITION SERVICES FUND.

    (a) Abolishment of General Supply Fund and Information Technology
Fund.--The General Supply Fund and the Information Technology Fund in
the Treasury are hereby abolished.
    (b) Transfers.--Capital assets and balances remaining in the
General Supply Fund and the Information Technology Fund as in existence
immediately before this section takes effect shall be transferred to
the Acquisition Services Fund and shall be merged with and be available
for the purposes of the Acquisition Services Fund under section 321 of
title 40, United States Code (as amended by this Act).
    (c) Assumption of Obligations.--Any liabilities, commitments, and
obligations of the General Supply Fund and the Information Technology
Fund as in existence immediately before this section takes effect shall
be assumed by the Acquisition Services Fund.
    (d) Existence and Composition of Acquisition Services Fund.--
Subsections (a) and (b) of section 321 of title 40, United States Code,
are amended to read as follows:
    ``(a) Existence.--The Acquisition Services Fund is a special fund
in the Treasury.
    ``(b) Composition.--
        ``(1) In general.--The Fund is composed of amounts authorized
    to be transferred to the Fund or otherwise made available to the
    Fund.
        ``(2) Other credits.--The Fund shall be credited with all
    reimbursements, advances, and refunds or recoveries relating to
    personal property or services procured through the Fund,
    including--
            ``(A) the net proceeds of disposal of surplus personal
        property; and
            ``(B) receipts from carriers and others for loss of, or
        damage to, personal property; and
            ``(C) receipts from agencies charged fees pursuant to rates
        established by the Administrator.
        ``(3) Cost and capital requirements.--The Administrator shall
    determine the cost and capital requirements of the Fund for each
    fiscal year and shall develop a plan concerning such requirements
    in consultation with the Chief Financial Officer of the General
    Services Administration. Any change to the cost and capital
    requirements of the Fund for a fiscal year shall be approved by the
    Administrator. The Administrator shall establish rates to be
    charged agencies provided, or to be provided, supply of personal
    property and non-personal services through the Fund, in accordance
    with the plan.
        ``(4) Deposit of fees.--Fees collected by the Administrator
    under section 313 of this title may be deposited in the Fund to be
    used for the purposes of the Fund.''.
    (e) Uses of Fund.--Section 321(c) of such title is amended in
paragraph (1)(A)--
        (1) by striking ``and'' at the end of clause (i);
        (2) by inserting ``and'' after the semicolon at the end of
    clause (ii); and
        (3) by inserting after clause (ii) the following new clause:
                ``(iii) personal services related to the provision of
            information technology (as defined in section 11101(6) of
            this title);''.
    (f) Payment for Property and Services.--Section 321(d)(2)(A) of
such title is amended--
        (1) by striking ``and'' at the end of clause (iv);
        (2) by redesignating clause (v) as clause (vi); and
        (3) by inserting after clause (iv) the following new clause:
                ``(v) the cost of personal services employed directly
            in providing information technology (as defined in section
            11101(6) of this title); and''.
    (g) Transfer of Uncommitted Balances.--Subsection (f) of section
321 of such title is amended to read as follows:
    ``(f) Transfer of Uncommitted Balances.--Following the close of
each fiscal year, after making provision for a sufficient level of
inventory of personal property to meet the needs of Federal agencies,
the replacement cost of motor vehicles, and other anticipated operating
needs reflected in the cost and capital plan developed under subsection
(b), the uncommitted balance of any funds remaining in the Fund shall
be transferred to the general fund of the Treasury as miscellaneous
receipts.''.
    (h) Conforming and Clerical Amendments.--
        (1) Section 322 of such title is repealed.
        (2) The heading for section 321 of such title is amended to
    read as follows:

``Sec. 321. Acquisition Services Fund''.

        (3) The table of sections for chapter 3 of such title is
    amended by striking the items relating to sections 321 and 322 and
    inserting the following:

``321. Acquisition Services Fund.''.

        (4) Section 573 of such title is amended by striking ``General
    Supply Fund'' both places it appears and inserting ``Acquisition
    Services Fund''.
        (5) Section 604(b) of such title is amended--
            (A) in the heading, by striking ``General Supply Fund'' and
        inserting ``Acquisition Services Fund''; and
            (B) in the text, by striking ``General Supply Fund'' and
        inserting ``Acquisition Services Fund''.
        (6) Section 605 of such title is amended--
            (A) in subsection (a)--
                (i) in the heading, by striking ``General Supply Fund''
            and inserting ``Acquisition Services Fund''; and
                (ii) in the text, by striking ``General Supply Fund''
            and inserting ``Acquisition Services Fund''; and
            (B) in subsection (b)(2)--
                (i) by striking ``321(f)(1)'' and inserting ``321(f)'';
            and
                (ii) by striking ``General Supply Fund'' and inserting
            ``Acquisition Services Fund''.

SEC. 4. PROVISIONS RELATING TO ACQUISITION PERSONNEL.

    Section 37 of the Office of Federal Procurement Policy Act (41
U.S.C. 433) is amended by adding at the end the following new
subsection:
    ``(i) Provisions Relating to Reemployment.--
        ``(1) Policies and procedures.--The head of each executive
    agency, after consultation with the Administrator and the Director
    of the Office of Personnel Management, shall establish policies and
    procedures under which the agency head may reemploy in an
    acquisition-related position (as described in subsection (g)(1)(A))
    an individual receiving an annuity from the Civil Service
    Retirement and Disability Fund, on the basis of such individual's
    service, without discontinuing such annuity. The head of each
    executive agency shall keep the Administrator informed of the
    agency's use of this authority.
        ``(2) Service not subject to csrs or fers.--An individual so
    reemployed shall not be considered an employee for the purposes of
    chapter 83 or 84 of title 5, United States Code.
        ``(3) Criteria for exercise of authority.--Polices and
    procedures established pursuant to this subsection shall authorize
    the head of the executive agency, on a case-by-case basis, to
    continue an annuity if--
            ``(A) the unusually high or unique qualifications of an
        individual receiving an annuity from the Civil Service
        Retirement and Disability Fund on the basis of such
        individual's service,
            ``(B) the exceptional difficulty in recruiting or retaining
        a qualified employee, or
            ``(C) a temporary emergency hiring need,
    makes the reemployment of an individual essential.
        ``(4) Reporting requirement.--The Administrator shall submit
    annually to the Committee on Government Reform of the House of
    Representatives and the Committee on Homeland Security and
    Governmental Affairs of the Senate a report on the use of the
    authority under this subsection, including the number of employees
    reemployed under authority of this subsection.
        ``(5) Sunset provision.--The authority under this subsection
    shall expire on December 31, 2011.''.

SEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO HISTORIC LIGHT
              STATIONS.

    Section 549(c)(3)(B) of title 40, United States Code, is amended--
        (1) in clause (vii), by striking ``or'' after the semicolon;
        (2) in clause (viii), by striking the period and inserting ``;
    or''; and
        (3) by adding at the end the following:
                ``(ix) a historic light station as defined under
            section 308(e)(2) of the National Historic Preservation Act
            (16 U.S.C. 470w-7(e)(2)), including a historic light
            station conveyed under subsection (b) of that section,
            notwithstanding the number of hours that the historic light
            station is open to the public.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 60
days after the date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.

Summary: General Services Administration Modernization Act - Establishes a Federal Acquisition Service in the General Services Administration (GSA) to be headed by a Commissioner who shall be responsible for carrying out functions related to the uses of the Acquisition Services Fund , including any functions that were carried out by the Federal Supply Service and the Federal Technology Service. Authorizes the Administrator to appoint Regional Executives in the Federal Acquisition Service to carry out such functions within that Service as the Administrator considers appropriate. Abolishes the General Supply Fund and the Information Technology Fund in the Treasury. Transfers remaining capital assets and balances in such Funds to the Acquisition Services Fund to be merged with, and be available for, the purposes of such Fund. Requires the Acquisition Services Fund to be credited with all reimbursements relating to personal property or services procured through the Fund, including: (1) the net proceeds of disposal of surplus personal property. And (2) receipts from carriers and others for loss of, or damage to, personal property. And (3) receipts from agencies charged fees pursuant to rates established by the Administrator. Requires the Administrator to determine cost and capital requirements of the Fund and develop a plan concerning such requirements in consultation with the Chief Financial Officer of GSA. Requires the Administrator, according to such plan, to establish rates to be charged agencies provided personal property and non-personal services through the Fund. Allows fees collected for recovering the costs of testing materials tendered for sale or lease to GSA or any procurement authority acting under GSA to be deposited in the Fund. Provides for: (1) the use of the Fund for personal services related to the provision of information technology. And (2) the Administrator to fix prices at levels sufficient to recover the cost of personal services employed directly in providing information technology. Sets requirements for the transfer of uncommitted balances in the Fund. Amends the Office of Federal Procurement Policy Act to direct the head of each executive agency to establish policies and procedures under which the agency head may reemploy in an acquisition-related position an individual receiving an annuity from the Civil Service Retirement and Disability Fund without discontinuing such annuity, if unique needs exist. Prohibits considering an individual so reemployed to be a federal employee for the purposes of the Civil Service Retirement System (CSRS) or the Federal Employees Retirement System (FERS). Requires the Administrator to submit annual reports to specified congressional committees on the use of such authority, including the number of employees reemployed under such authority. Terminates such authority on December 31, 2011. Amends federal law relating to donation of personal property through state agencies to provide for the transfer of historic light stations, including historic light stations conveyed under the National Historic Preservation Act, to such agencies for education or public health purposes to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code.

To amend title 40, United States Code, to establish a Federal Acquisition Service, to replace the General Supply Fund and the Information Technology Fund with an Acquisition Services Fund, and for other purposes.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Credible Military
Option to Counter Iran Act''.
    (b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Declaration of policy.
Sec. 3. United States military preparedness in the Middle East.
Sec. 4. United States military capabilities in the Central Command Area
                            of Responsibility.
Sec. 5. Enhancing the defense of Israel and United States interests in
                            the Middle East.
Sec. 6. Plan to enhance military capabilities of Persian Gulf allies.
Sec. 7. Plan to increase strategic regional partnerships.
Sec. 8. Definitions.

SEC. 2. DECLARATION OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) Iran, which has long sought to foment instability and
        promote extremism in the Middle East, is now seeking to exploit
        the dramatic political transition underway in the region to
        undermine governments traditionally aligned with the United
        States and support extremist political movements in these
        countries.
            (2) At the same time, Iran may soon attain a nuclear
        weapons capability, a development that would fundamentally
        threaten vital United States interests, destabilize the region,
        encourage regional nuclear proliferation, further empower and
        embolden Iran, the world's leading state sponsor of terrorism,
        and provide it the tools to threaten its neighbors, including
        Israel.
            (3) With the assistance of Iran over the past several
        years, Syria, Hezbollah, and Hamas have increased their
        stockpiles of rockets, with more than 60,000 rockets now ready
        to be fired at Israel. Iran continues to add to its arsenal of
        ballistic missiles and cruise missiles, which threaten Iran's
        neighbors, Israel, and United States Armed Forces in the
        region.
            (4) Preventing Iran from achieving nuclear weapons
        capability is among the most urgent national security
        challenges facing the United States.
            (5) Successive United States administrations have stated
        that a nuclear weapons-possessing Iran is unacceptable.
            (6) President Obama stated on January 24, 2012, ``Let there
        be no doubt: America is determined to prevent Iran from getting
        a nuclear weapon, and I will take no options off the table to
        achieve that goal.''.
            (7) In order to prevent Iran from developing nuclear
        weapons, the United States, in cooperation with its allies,
        must utilize all elements of national power including
        diplomacy, robust economic sanctions, and credible, visible
        preparations for a military option.
            (8) Nevertheless, to date, diplomatic overtures, sanctions,
        and other non-kinetic actions toward Iran have not caused the
        Government of Iran to abandon its nuclear weapons program.
            (9) With the impact of additional sanctions uncertain,
        additional pressure on the Government of Iran could come from
        the credible threat of military action against Iran's nuclear
        program.
    (b) Declaration of Policy.--It shall be the policy of the United
States to take all necessary measures, including military action if
required, to prevent Iran from threatening the United States, its
allies, or Iran's neighbors with a nuclear weapon.

SEC. 3. UNITED STATES MILITARY PREPAREDNESS IN THE MIDDLE EAST.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) military exercises conducted in the Persian Gulf and
        Gulf of Oman emphasize the United States resolve and the policy
        of the United States described in section 2(b) by enhancing the
        readiness of the United States military and allied forces, as
        well as signaling to the Government of Iran the commitment of
        the United States to defend its vital national security
        interests; and
            (2) the President, as Commander in Chief, should require
        the United States military to develop a comprehensive plan to
        augment the presence of the United States Fifth Fleet in the
        Middle East and to conduct military deployments, exercises, or
        other visible, concrete military readiness activities to
        underscore the policy of the United States described in section
        2(b).
    (b) Plan.--
            (1) In general.--The Secretary of Defense shall prepare a
        plan to augment the presence of the United States Fifth Fleet
        in the Middle East and to conduct military deployments,
        exercises, or other visible, concrete military readiness
        activities to underscore the policy of the United States
        described in section 2(b).
            (2) Matters to be included.--The plan required under
        paragraph (1) shall include, at a minimum, steps necessary to
        support the policy of the United States described in section
        2(b), including--
                    (A) pre-positioning sufficient supplies of
                aircraft, munitions, fuel, and other materials for both
                air- and sea-based missions at key forward locations in
                the Middle East and Indian Ocean;
                    (B) maintaining sufficient naval assets in the
                region necessary to signal United States resolve and to
                bolster United States capabilities to launch a
                sustained sea and air campaign against a range of
                Iranian nuclear and military targets, to protect
                seaborne shipping, and to deny Iranian retaliation
                against United States interests in the region;
                    (C) discussing the viability of deploying at least
                two United States aircraft carriers, an additional
                large deck amphibious ship, and a Mine Countermeasures
                Squadron in the region on a continual basis, in support
                of the actions described in subparagraph (B); and
                    (D) conducting naval fleet exercises similar to the
                United States Fifth Fleet's major exercise in the
                region in March 2007 to demonstrate ability to keep the
                Strait of Hormuz open and to counter the use of anti-
                ship missiles and swarming high-speed boats.
            (3) Submission to congress.--The plan required under
        paragraph (1) shall be submitted to the congressional defense
        committees not later than 120 days after the date of enactment
        of this Act.

SEC. 4. UNITED STATES MILITARY CAPABILITIES IN THE CENTRAL COMMAND AREA
              OF RESPONSIBILITY.

    (a) Authorization of Appropriations for Fiscal Year 2012.--In order
to enhance United States military capabilities in the Central Command
Area of Responsibility, funds are hereby authorized to be appropriated
for fiscal year 2012 as follows:
            (1) $80,000,000 for Other Procurement, Navy to be available
        for MK 38 Mod 2 machine gun system for Coastal Patrol Craft.
            (2) $44,600,000 for Weapons Procurement, Navy to be
        available for--
                    (A) Griffin missile for Coastal Patrol Craft; and
                    (B) Spike shoulder-fired electro-optic weapon.
            (3) $72,481,000 for Research, Development, Test and
        Evaluation, Navy to be available for--
                    (A) Program Element 0205601N for digital rocket
                launchers;
                    (B) Beyond line of sight command and control
                architecture; and
                    (C) MAGIC VIEW.
            (4) $134,552,000 for Research, Development, Test and
        Evaluation, Air Force to be available for Hard and Deeply
        Buried Target Defeat System Program, Program Element 0604327F.
            (5) $7,000,000 for Research, Development, Test and
        Evaluation, Defense-Wide to be available for--
                    (A) Indications and Warning; and
                    (B) Systems Performance.
            (6) $14,000,000 for Operation and Maintenance, Navy to be
        available for Scan Eagle.
            (7) $2,000,000 for Operation and Maintenance, Air Force to
        be available for tactics development and evaluation.
    (b) Authorization of Appropriations for Fiscal Year 2013.--In order
to enhance United States military capabilities in the Central Command
Area of Responsibility, funds are hereby authorized to be appropriated
for fiscal year 2013 as follows:
            (1) $22,654,000 for Other Procurement, Navy to be available
        for--
                    (A) Underwater Explosive Ordnance Disposal
                Programs;
                    (B) Naval Military Intelligence Program Support
                Equipment; and
                    (C) MK 38 Mod 2 machine gun system for Coastal
                Patrol Craft.
            (2) $31,000,000 for Weapons Procurement, Navy to be
        available for--
                    (A) Griffin missile for Coastal Patrol Craft; and
                    (B) Spike shoulder-fired electro-optic weapon.
            (3) $72,481,000 for Research, Development, Test and
        Evaluation, Army to be available for Unmanned Aerial Vehicle
        Detection and Tracking.
            (4) $72,481,000 for Research, Development, Test and
        Evaluation, Navy to be available for--
                    (A) Joint Service Explosive Ordnance Development,
                Program Element 0603654N;
                    (B) Advanced Anti-Radiation Guided Missile in
                Program Element 0205601N; and
                    (C) Integrated, Fixed Surveillance System, Program
                Element 0204311N.
            (5) $72,481,000 for Research, Development, Test and
        Evaluation, Air Force to be available for Cyber Command
        Activities within Program Element 0208059F.

SEC. 5. ENHANCING THE DEFENSE OF ISRAEL AND UNITED STATES INTERESTS IN
              THE MIDDLE EAST.

    (a) Sense of Congress.--It is the sense of Congress that the United
States should take the following actions to assist in the defense of
Israel:
            (1) Provide Israel such support as may be necessary to
        increase development and production of joint missile defense
        systems, particularly such systems that defend the urgent
        threat posed to Israel and United States forces in the region.
            (2) Provide Israel defense articles, intelligence, and
        defense services through such mechanisms as appropriate, to
        include air refueling tankers, missile defense capabilities,
        and specialized munitions.
            (3) Allocate additional weaponry and munitions for the
        forward-deployed United States stockpile in Israel.
            (4) Provide Israel additional surplus defense articles and
        defense services, as appropriate, in the wake of the withdrawal
        of United States forces from Iraq.
            (5) Offer the Israeli Air Force additional training and
        exercise opportunities in the United States to compensate for
        Israel's limited air space.
            (6) Expand Israel's authority to make purchases under
        section 23 of the Arms Export Control Act (relating to the
        ``Foreign Military Financing'' program) on a commercial basis.
            (7) Seek to enhance the capabilities of the United States
        and Israel to address emerging common threats, increase
        security cooperation, and expand joint military exercises.
            (8) Encourage an expanded role for Israel within the North
        Atlantic Treaty Organization (NATO), including an enhanced
        presence at NATO headquarters and exercises.
            (9) Support extension of the long-standing loan guarantee
        program for Israel, recognizing Israel's unbroken record of
        repaying its loans on time and in full.
            (10) Expand already-close intelligence cooperation,
        including satellite intelligence, with Israel.
    (b) Report on Israel's Qualitative Military Edge.--
            (1) Statement of policy.--It is the policy of the United
        States--
                    (A) to help Israel preserve its qualitative
                military edge amid rapid and uncertain regional
                political transformation; and
                    (B) to encourage further development of advanced
                technology programs between the United States and
                Israel in light of current trends and instability in
                the region.
            (2) Report.--Not later than 180 days after the date of the
        enactment of this Act, the President shall submit to the
        appropriate congressional committees a report on the status of
        Israel's qualitative military edge in light of current trends
        and instability in the region.
    (c) Report on Other Matters.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report on each of the following:
            (1) Taking into account Israel's urgent requirement for F-
        35 aircraft, actions to improve the process relating to
        Israel's purchase of F-35 aircraft to improve cost efficiency
        and timely delivery.
            (2) Efforts to expand cooperation between the United States
        and Israel in homeland defense, counter-terrorism, maritime
        security, cybersecurity, and other appropriate areas.
            (3) Actions to integrate Israel into the defense of the
        Eastern Mediterranean.

SEC. 6. PLAN TO ENHANCE MILITARY CAPABILITIES OF PERSIAN GULF ALLIES.

    (a) Plan.--The Secretary of Defense, in consultation with the
Secretary of State, shall develop a plan to enhance the military
capabilities of Persian Gulf allies to bolster the posture of such
allies in relation to Iran.
    (b) Matters To Be Included.--The plan required under subsection (a)
shall include the following:
            (1) A description of the means to augment the offensive
        strike capabilities of key Gulf Cooperation Council allies,
        including the potential sale or upgrades of strike attack
        aircraft and bunker buster munitions, to augment the viability
        of a credible military option and to strengthen such allies'
        self-defense capabilities against retaliation or military
        aggression by Iran.
            (2) A needs-based assessment, or an update to an existing
        needs-based assessment, of the military requirements of Persian
        Gulf allies to support a credible military option and to defend
        against potential military aggression by Iran.
            (3) A detailed summary of any arms sales and training
        requests by Persian Gulf allies and a description and
        justification for United States actions taken.
    (c) Rule of Construction.--Nothing in the plan required under
subsection (a) shall be construed to alter Israel's qualitative
military edge.
    (d) Submission to Congress.--The plan required under subsection (a)
shall be submitted to the appropriate congressional committees not
later than 180 days after the date of the enactment of this Act.
    (e) Form.--The plan required under subsection (a) shall be
submitted in an unclassified form, but may contain a classified annex.

SEC. 7. PLAN TO INCREASE STRATEGIC REGIONAL PARTNERSHIPS.

    (a) Findings.--Congress finds the following:
            (1) The United States should ensure that it has the
        broadest set of geographic approaches to militarily access
        Iran.
            (2) United States Armed Forces and support staff currently
        have access from the eastern, southern, and western borders of
        Iran.
            (3) Azerbaijan borders the northern frontier of Iran
        closest to nuclear sites near Tehran and the Government of
        Azerbaijan cooperates with the United States on Caspian Sea
        security and energy issues.
    (b) Policy.--It shall be the policy of the United States to--
            (1) increase pressure on Iran by providing United States
        Armed Forces with the broadest set of geographic approaches to
        militarily access Iran; and
            (2) explore means to enhance access to military facilities
        on the northern border of Iran.
    (c) Plan.--
            (1) In general.--The Secretary of Defense, in consultation
        with the Secretary of State, shall develop a plan to increase
        the strategic partnership with regional allies to provide
        United States Armed Forces with the broadest set of geographic
        approaches to militarily access Iran.
            (2) Matters to be included.--The plan required under
        paragraph (1) shall include the following information:
                    (A) Mechanisms to broaden the geographical
                approaches to militarily access Iran.
                    (B) The need, if any, to strengthen the self-
                defense capabilities of regional allies as a result of
                such partnerships.
                    (C) The viability of increasing access for United
                States Armed Forces to bases in Azerbaijan to augment
                the viability of a credible military option.
            (3) Submission to congress.--The plan required under
        paragraph (1) shall be submitted to the appropriate
        congressional committees not later than 180 days after the date
        of the enactment of this Act.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee
                on Armed Services, and the Committee on Foreign Affairs
                of the House of Representatives; and
                    (B) the Committee on Appropriations, the Committee
                on Armed Services, and the Committee on Foreign
                Relations of the Senate.
            (2) Congressional defense committees.--The term
        ``congressional defense committees'' has the meaning given that
        term in section 101(a)(16) of title 10, United States Code.
            (3) Qualitative military edge.--The term ``qualitative
        military edge'' has the meaning given the term in section
        36(h)(2) of the Arms Export Control Act (22 U.S.C. 2776(h)(2)).

Summary: Credible Military Option to Counter Iran Act - States that it shall be the policy of the United States to take all necessary measures, including military action if required, to prevent Iran from threatening the United States, its allies, or Iran's neighbors with a nuclear weapon. Expresses the sense of Congress that: (1) US military exercises in the Persian Gulf emphasize US resolve in support of the above policy. And (2) the President should require the US military to develop a comprehensive plan to augment the presence of the US Fifth Fleet in the Middle East and to conduct military deployments, exercises, or other military readiness activities to underscore such policy. Directs the Secretary of Defense to prepare and submit to the congressional defense committees such a plan. Authorizes appropriations to the Department of Defense (DOD) for FY2012-FY2013 to enhance US military capabilities in the Central Command Area of responsibility , including for procurement, research and development, and operation and maintenance. Expresses the sense of Congress in support of specified action to assist in the defense of Israel, including joint missile defense systems, defense articles, intelligence, defense services, and additional weaponry and munitions for the forward-deployed US stockpile in Israel. Directs the President to report to Congress on the status of Israel's qualitative military edge in light of current trends and instability in the region. Directs the Secretary to develop and submit to Congress: (1) a plan to enhance the military capabilities of Persian Gulf allies to bolster their posture in relation to Iran, and (2) a plan to increase the strategic partnership with regional allies to provide US Armed Forces with the broadest set of geographic approaches to militarily access Iran.

To further the preparedness of the United States Armed Forces, in cooperation with regional allies, to prevent the Government of Iran from obtaining a nuclear weapon, and for other purposes.


short title

    Sec. 101. This title may be cited as the ``United States
Information Agency Authorization Act, Fiscal Years 1994 and 1995''.

                    authorization of appropriations

    Sec. 102. In addition to amounts otherwise available for such
purposes, there are authorized to be appropriated for the United States
Information Agency to carry out international information activities,
and educational and cultural exchange programs under the United States
Information and Educational Exchange Act of 1948, as amended, the
Mutual Educational and Cultural Exchange Act of 1961, as amended,
Reorganization Plan No. 2 of 1977, the Radio Broadcasting to Cuba Act,
as amended, the Television Broadcasting to Cuba Act, the Inspector
General Act of 1978, as amended, the Center for Cultural and Technical
Interchange Between North and South Act, the National Endowment for
Democracy Act, as amended, and for other purposes authorized by law.
    (a) For the fiscal year 1994:
            (1) ``Salaries and Expenses,'' $773,024,000;
            (2) ``Educational and Cultural Exchange Programs,''
        $242,922,000;
            (3) ``Broadcasting to Cuba,'' $28,351,000;
            (4) ``Office of the Inspector General,'' $4,390,000;
            (5) ``East-West Center,'' $26,000,000;
            (6) ``National Endowment for Democracy,'' $50,000,000;
            (7) ``Radio Construction,'' $228,720,000;
            (8) ``Eisenhower Exchange Fellowship Program,'' $300,000;
            (9) ``Israeli Arab Scholarship Program,'' $397,000.
    (b) For the fiscal year 1995:
            (1) ``Salaries and Expenses,'' $800,286,000;
            (2) ``Educational and Cultural Exchange Programs,''
        $249,238,000;
            (3) ``Broadcasting to Cuba,'' $28,382,000;
            (4) ``Office of the Inspector General,'' $4,396,000;
            (5) ``East-West Center,'' $26,676,000;
            (6) ``National Endowment for Democracy,'' $50,780,000;
            (7) ``Radio Construction,'' $106,271,000;
            (8) ``Eisenhower Fellowship Exchange Programs,'' $308,000;
        and
            (9) ``Israeli Arab Scholarship Program,'' $407,000.

                 changes in administrative authorities

    Sec. 103. Section 801 of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1471), is amended by
replacing the period at the end of subsection ``(6)'' with a semicolon,
and adding a new subsection ``(7)'' as follows:
            ``(7) notwithstanding any other provision of law, to carry
        out projects involving security construction and related
        improvements for Agency facilities not collocated with
        Department of State facilities abroad.''.
    Sec. 104. Section 804(6) of the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1474(6)), is amended to
read as follows:
            ``(6) contract with individuals for personal service
        abroad: Provided, That such individuals shall not be regarded
        as employees of the United States Government for the purpose of
        any law administered by the Office of Personnel Management.''.
    Sec. 105. Section 206(b) of the Foreign Relations Authorization
Act, Fiscal Years 1992 and 1993, Public Law 102-138 (22 U.S.C. 1475g
note), is hereby repealed.
    Sec. 106. Subsection (a) of section 501 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461(a)),
is hereby amended by deleting the second sentence in said subsection
and inserting in lieu thereof the following: ``Subject to subsection
(b) any such information shall not be disseminated within the United
States, its territories or possessions, but, on request, shall be made
available following its release as information abroad, to
representatives of United States press associations, newspapers,
magazines, radio and television systems and stations, research students
and scholars, and Members of Congress.''.
    Section 208 of Public Law 99-93 (22 U.S.C. 1461-1a), is amended by
adding the following sentence at the end of such section: ``Nothing
herein shall preclude the United States Information Agency from
reasonably keeping the United States public informed of its operations,
policies or programs.''.
    Sec. 107. Section 802(b)(3) of the United States Information and
Educational Exchange Act of 1948, as amended, (22 U.S.C. 1472(b)(3)) is
amended by adding the following sentence at the end thereof: ``However,
notwithstanding this or any other provision in this section, the United
States Information Agency is authorized to enter into contracts not to
exceed seven years for circuit capacity to distribute radio and
television programs.''.
    Sec. 108. Subsection (f) of section 701 of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1476(f)(4)), is amended as follows:
            (1) in subsection (f)(1) by striking ``, for the second
        fiscal year of any two-year authorization cycle may be
        appropriated for such second fiscal year'' and inserting in its
        place ``for a given fiscal year may be appropriated for such
        year''; and
            (2) by striking subsection ``(f)(4)''.
    Sec. 109. Section 902 of the United States Information and
Educational Exchange Act of 1948, section 1431 and the following of
title 22, United States Code, is amended by inserting on line one after
the word ``any'' the following language: ``international organization
of which the United States is a member, or''.
    Sec. 110. The Immigration and Nationality Act, as amended, is
amended by adding the following new section after section 216A (8
U.S.C. 1186b):

   ``conditional permanent resident status for certain united states
                      information agency employees

    ``Sec. 216B. (a) Conditional Basis for Admission.--Conditional
immigrant visas may be issued to employees of the United States
Information Agency beginning fiscal year 1994 in a number not to exceed
one hundred per fiscal year. Upon enactment, one hundred and fifty
additional visas shall be available to present United States
Information Agency employees. Such employees shall be identified by the
Director of the United States Information Agency, and, if otherwise
admissible, shall be admitted conditionally for a period not to exceed
four years. Spouses and dependent children of such employees may also
be admitted as conditional permanent residents but shall not be subject
to numerical limitation.
    ``(b) Removal of Conditional Basis.--Persons admitted under this
provision shall be eligible for removal of the conditional basis of
their admission for permanent resident status after three years, upon
certification by the Director of the United States Information Agency
to the Attorney General; the Attorney General shall remove the
conditional basis of his or her admission, if the alien is otherwise
admissible, effective as of the date of such certification.
    ``(c) Termination of the Status.--At any time during such four year
period, the Director of the United States Information Agency may
certify to the Attorney General that such conditional status with
respect to any alien should be terminated. Upon receipt of such notice,
the Attorney General shall terminate such status and the alien and any
other family members admitted with such alien shall be subject to
deportation proceedings. The conditional status of any such alien,
admitted under this provision who has not had the conditional basis of
his or her admission removed by a date four years after such admission,
shall be deemed to have been terminated.''.
    Section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)), is amended by adding a new subsection ``(L)'', as
follows:
                    ``(L) an immigrant who is employed by the United
                States Information Agency for service in the United
                States, and his or her accompanying spouse and
                children, under conditions set forth in section 216B of
                this Act.''.
    Section 804(1) of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1474(1)), as amended, is amended by
inserting the words ``or as an immigrant under section 101(a)(27)(L) of
that Act (8 U.S.C. 1101(a)(27)(L))'' immediately after the words ``as
nonimmigrants under section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15))''.

Summary: United States Information Agency Authorization Act, Fiscal Years 1994 and 1995 - Authorizes appropriations for the US Information Agency (USIA) for FY 1994 and 1995. Amends the United States Information and Educational Exchange Act of 1948 to authorize the USIA Director to: (1) carry out projects involving security construction and related improvements for USIA facilities not collocated with Department of State facilities abroad. And (2) contract with individuals for personal services abroad . Repeals a specified provision of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 which sets limitations on reductions of USIA employees abroad. Provides that nothing shall preclude USIA from keeping the US public informed of its operations, policies, or programs. Authorizes USIA to enter into contracts of up to seven years for circuit capacity to distribute radio and television programs. Permits USIA to receive funds from international organizations of which the United States is a member. Amends the Immigration and Nationality Act to authorize the issuance of up to 100 conditional immigrant visas per fiscal year to USIA employees. Makes 150 visas available to current employees upon enactment of this Act. Sets forth conditions for the removal of conditional status and for termination of such status. Confers special immigrant status on such individuals.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Democracy Index Act of
2009''.

SEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION
              DATA COLLECTION.

    (a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end
the following:

``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED
              ELECTION DATA COLLECTION.

    ``(a) In General.--The Commission, in consultation with the Board
and in accordance with this section, shall--
            ``(1) develop an American Democracy Index for the
        evaluation of elections for Federal office occurring in 2010
        and thereafter;
            ``(2) establish and operate a data collection system in
        order to collect and measure election data described in
        subsection (c) to be used in preparing the American Democracy
        Index; and
            ``(3) make the American Democracy Index with respect to
        each election for Federal office generally available to the
        public, including through the Internet.
    ``(b) American Democracy Index.--The American Democracy Index is an
index that is designed to assist States in the administration of
elections for Federal office by presenting the information collected
under the system established under subsection (a)(2) on a State-by-
State basis in a manner designed to demonstrate administration
practices that--
            ``(1) ensure the right of individuals to vote;
            ``(2) improve the quality of voter access to polls and the
        quality of voter services; and
            ``(3) secure the accuracy and integrity of elections.
    ``(c) Collection of Data.--
            ``(1) Data to be collected.--The Commission shall, in
        consultation with the Board, determine the data that is
        required to be collected under this section in order to analyze
        the effectiveness of the State administration of elections for
        Federal office, including data required for developing or
        refining the American Democracy Index.
            ``(2) Data submission.--
                    ``(A) States required to provide data.--Each State
                shall submit to any grantee under subsection (e) the
                information described in paragraph (1) in support of
                the American Democracy Index.
                    ``(B) Data submission regulations.--Within 60 days
                after the first meeting of the Board under subsection
                (d)(2)(B)(i), the Commission shall promulgate
                regulations for--
                            ``(i) the enforcement of the data
                        submission mandate under subparagraph (A); and
                            ``(ii) the standardization of election data
                        described in paragraph (1).
                    ``(C) Statistical analysis.--The Commission may, in
                coordination with a State, select precincts within the
                State on a sample basis from which to draw the
                information described in paragraph (1) in order to form
                statistical conclusions with respect to election
                administration in that State. In forming such
                statistical conclusions, the Office may append the
                information collected from the samples to other
                information provided by the State that was collected
                with respect to elections for Federal office in that
                State.
                    ``(D) Payments to states.--In accordance with such
                regulations as the Commission may promulgate, the
                Commission shall make payments to States to assist the
                States in meeting the data submission requirements of
                this paragraph.
                    ``(E) Rulemaking authority of commission.--Section
                209 shall not apply with respect to any regulations
                promulgated by the Commission pursuant to the authority
                of this paragraph.
    ``(d) Independent Board of Advisors.--
            ``(1) In general.--There is hereby established an
        independent Board of Advisors (in this section referred to as
        the `Board') that the Commission shall consult in developing
        and refining the American Democracy Index and the data to be
        collected under subsection (c).
            ``(2) Independent board of advisors.--
                    ``(A) Establishment.--The Board--
                            ``(i) shall be composed of 8 members from
                        individuals from the academic, nonprofit, and
                        election administration communities, of whom--
                                    ``(I) 4 shall be selected by the
                                Committee on Rules and Administration
                                of the Senate, in consultation with the
                                majority and minority leader of the
                                Senate; and
                                    ``(II) 4 shall be selected by the
                                Committee on House Administration of
                                the House of Representatives, in
                                consultation with the Speaker and
                                minority leader of the House of
                                Representatives; and
                            ``(ii) shall be headed by a President
                        elected by the members of the Board.
                    ``(B) Duties.--The Board shall--
                            ``(i) meet at least twice a year, and at
                        such other times as are specified by the
                        President of the Board; and
                            ``(ii) consult with the Commission as
                        provided by this section, including making
                        periodic recommendations to the Commission on
                        the type of election data to be collected from
                        States, the method of data collection, the
                        enforcement mechanism for the collection of
                        election data, the administration of elections
                        in general, and other relevant issues as the
                        Board sees appropriate.
    ``(e) Establishment and Operation of Index and Data Collection
System.--
            ``(1) Pilot program.--The Commission shall conduct a pilot
        program for elections for Federal office occurring in 2010
        under which the Commission shall make a grant to 1 or more
        eligible entities to--
                    ``(A) to collect election data described in
                subsection (c) in not more than 5 States selected by
                the Board; and
                    ``(B) to develop, refine, and publish data
                collection results for each of the States selected
                under subparagraph (A), including a comparison of
                localities in each State based on the data collected.
            ``(2) Initial index for 2012 elections.--Based on the pilot
        project conducted under paragraph (1), the Commission shall
        make a grant to 1 or more eligible entities to--
                    ``(A) collect election data described in subsection
                (c) in all States with respect to elections for Federal
                office occurring in 2012; and
                    ``(B) prepare and publish the first American
                Democracy Index.
            ``(3) Future elections.--The Commission shall collect data,
        and prepare and publish an American Democracy Index, for each
        Presidential election cycle beginning on or after January 1,
        2012, with respect to elections for Federal office occurring
        during the Presidential election cycle. In carrying out such
        duties, the Commission shall--
                    ``(A) modify the data to be collected and the index
                in accordance with the provisions of this section; and
                    ``(B) contract with 1 or more eligible entities to
                carry out all or a portion of such duties.
    ``(f) Reports.--Not later than 9 months after the end of the
election cycle for the election for Federal office occurring in 2012
and the end of each Presidential election cycle beginning on or after
January 1, 2012, the Commission shall submit a report to Congress and
to the chief State elections officials of each State that includes the
election data collected under this section, together with any
recommendations for--
            ``(1) improving the types of election data that are
        collected and included in the American Democracy Index
        published under this section; and
            ``(2) legislation or administrative action to improve State
        performance in the administration of elections for Federal
        office (as determined based on a State-by-State comparison of
        such election data).
    ``(g) Definitions.--In this section:
            ``(1) Elections for federal office.--The term `elections
        for Federal office' means general elections only for Federal
        office.
            ``(2) Eligible entity.--The term `eligible entity' means
        any nonprofit organization or other organization deemed
        appropriate by the Commission.
            ``(3) Presidential election cycle.--The term `Presidential
        election cycle' means the 4-year period beginning with January
        of the year following an election for the office of President
        of the United States.
            ``(4) State.--The term `State' means each of the 50 States
        and the District of Columbia.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated
        to the Commission such sums as may be necessary to carry out
        the provisions of this section.
            ``(2) Data submission.--There is authorized to be
        appropriated $18,000,000 for each of fiscal years 2011 through
        2016 to assist the States in complying with the data submission
        requirements of subsection (c)(2)(A).''.
    (b) Conforming Amendment.--The table of contents of the Help
America Vote Act of 2002 is amended by inserting after the item
relating to section 247 the following:

``Sec 248. Establishment of American Democracy Index and related
                            election data collection.''.

Summary: American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office. (2) establish and operate a system to collect and measure election data for use in preparing the ADI. And (3) make the ADI with respect to each federal election available to the public, including through the Internet. Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote. (2) improve the quality of voter access to polls and the quality of voter services. And (3) secure the accuracy and integrity of elections. Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected. Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states. And (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI.

To require the Election Assistance Commission to establish an American Democracy Index to measure and improve the quality of voter access to polls and voter services in Federal elections.