SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Commissions Act of 2004''. SEC. 2. USE OF MILITARY COMMISSIONS FOR OFFENSES UNDER LAW OF WAR OR IN FURTHERANCE OF TERRORISM. (a) In General.--Subchapter XI of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 935 (article 135) the following new section: ``Sec. 935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism ``(a) A military commission covered by this section may be appointed only by the President or a person designated by the President for such purpose. ``(b) A military commission appointed under subsection (a) may try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. ``(c) A military commission shall consist of not less than three members and not more than seven members. However, in a case in which the accused may be sentenced to a penalty of death, the commission shall consist of seven members. The commission may also include not more than two alternate members. Each member and alternate member shall be a commissioned officer of the armed forces. ``(d) A military commission shall have a presiding officer, who shall be appointed from among the members. The presiding officer shall be a judge advocate and shall preside over the proceedings of the commission to ensure a full, fair, and expeditious trial. The presiding officer shall rule upon all questions of law and all interlocutory questions arising during the proceedings. A majority of the members may overrule the presiding officer on any ruling that excludes evidence on the merits. ``(e) Trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial under section 827 (article 27). ``(f) Members of a military commission shall deliberate and vote in closed conference. Voting on the findings and on the sentence shall be by secret written ballot. ``(g) A military commission covered by this section may not find a person guilty of an offense, and may not determine a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken. The commission may not sentence a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. ``(h) A military commission may, under such limitations as the President may prescribe, adjudge any punishment permitted by the law of war, including death, imprisonment for life or for any lesser term, payment of a fine or restitution, or such other lawful punishment or punishments as the commission shall determine to be proper. The sentence of death may be adjudged only if the accused has been found guilty of spying or an offense causing the death of one or more persons. A commission may not sentence any person to suffer death for an offense committed before the person attained the age of eighteen years. A sentence of death may not be executed until approved by the President. ``(i) Pursuant to section 936 (Article 36) of the chapter, the President may prescribe rules of evidence and procedure for trial by a military commission. The accused in a military commission shall be given the following minimum rights and protections: ``(1) The accused shall have the right to a fair trial, without adverse distinction based upon race, color, gender, language, religion, birth, wealth, or any similar criteria. ``(2) The accused shall be presumed innocent until proven guilty. The burden of proof shall be upon the prosecution to prove each element of an offense beyond a reasonable doubt. ``(3) The accused shall be informed of the charges against him in a language he understands as soon as practicable prior to trial. ``(4) The accused shall have the right to a public trial, unless the appointing authority determines that a closed trial, or any portion thereof, is necessary to the national security of the United States. ``(5) The accused may not be compelled to testify or present evidence against himself. ``(6) No adverse inference will be drawn against him by reason of a decision not to testify on his own behalf. ``(7) Evidence obtained through the use of torture (as defined in section 2340 of title 18), will not be admitted in evidence at trial by a military commission. ``(8) The accused shall be entitled to assistance of counsel at all stages of proceedings and shall have adequate time and facilities available for the preparation of his defense. The accused shall have the right to represent himself in trail by military commission, subject to the discretion of the presiding officer. ``(9) The accused shall have the right to present evidence and to cross-examine each witness. ``(10) The accused shall have equal opportunity to obtain witnesses and other evidence in accordance with such regulations as the President may prescribe. ``(11) The accused shall have access to all evidence that trial counsel intends to offer at trial and all evidence known to trial counsel or to the commission that tends to exculpate him. ``(12) The accused shall have the right to be present at each stage of the proceedings, unless he engages in conduct that the presiding officer determines to be disruptive. ``(13) The accused shall not be tried a second time for the same offense. ``(j) A person found guilty by military commission shall have a right to review of that finding and any adjudged sentence in accordance with this section. ``(k)(1) After trial, the presiding officer shall promptly authenticate a verbatim transcript and record of trial. ``(2) The appointing authority shall, within a reasonable period of time, carry out an administrative review of the transcript and record of trial and take such administrative actions as the authority considers appropriate, which may include directing the commission to conduct any necessary supplemental proceedings. ``(3) The Secretary of Defense shall review the record of trial and, within a reasonable period of time, take one or more of the following actions of the case: ``(A) Approve, disapprove, commute, mitigate, or suspend the sentence in whole or in part. ``(B) Approve or disapprove a finding of guilty, or change a finding of guilty to a charge or specification to a finding of guilty to a lesser included offense of the offense stated in the charge. ``(4)(A) Following action by the Secretary of Defense, the Court of Appeals for the Armed Forces shall review the record of a military commission-- ``(i) in any case in which the sentence extends to death or to confinement in excess of five years; and ``(ii) in any other case that the President may prescribe. ``(B) In any case reviewed by it under this subsection, the Court of Appeals for the Armed Forces may act only with respect to the findings and sentence as in effect after review by the convening authority and the Secretary of Defense under subsection (k)(3). ``(C) The Court of Appeals for the Armed Forces shall take action only with respect to matters of law and shall take such action as is permitted under section 867 (Article 67) of this chapter. ``(5) The Supreme Court of the United States shall have jurisdiction to review, by writ of certiorari, an action of the Court of Appeals for the Armed Forces under this subsection. ``(l) The Secretary of Defense shall submit to Congress each order, rule, and regulation prescribed under this section. Such order, rule, or regulation may not take effect until 30 days after it is so submitted. ``(m) Not later than March 15 of each year, the Secretary of Defense shall submit to Congress a report on the use of military commissions covered by this section during the preceding calendar year. The report shall set forth a summary of each case covered by this section during such year, together with the disposition and current status of that case. The report shall also set forth a detailed description of the activities of the Department with respect to military commissions, a copy of all current rules and regulations relating to the use of military commissions, and an accounting of all funds expended on matters relating to the use of military commissions.''. (b) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: ``935a. Art. 135a. Military commissions for offenses against the law of war or in furtherance of terrorism.''.

Summary: Military Commissions Act of 2004 - Amends the Uniform Code of Military Justice to permit a military commission to try any person, not a citizen of the United States, for one or more offenses against the law of war or in furtherance of terrorism. Permits only the President, or a person designated by the President, to appoint such a commission. Requires a commission to consist of not less than three members and not more than seven members. States that trial and defense counsel shall be detailed for a military commission on the same basis as such counsel are detailed for a general court-martial. Requires members of a military commission to deliberate and vote in closed conference. Prohibits: (1) a military commission from finding a person guilty of an offense, and determining a sentence, except by the concurrence of two-thirds of the members present at the time the vote is taken; and (2) from sentencing a person to suffer death except by the concurrence of all the members as to the findings and as to the sentence. Sets forth other requirements relating to a commission, including requiring the accused in a military commission to be given specified minimum rights and protections. Outlines procedures for, and courts of, appeal.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Unfair Energy Levy Act''. SEC. 2. SIX-MONTH SUSPENSION OF FUEL TAXES. (a) Six-Month Suspension of Fuel Taxes.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Suspension of Fuel Taxes.-- ``(1) In general.--During the suspension period, each rate of tax referred to in paragraph (2) shall be reduced to zero. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), ``(B) sections 4091(b)(3)(A) (relating to aviation fuel), ``(C) section 4042(b)(2)(C) (relating to fuel used on inland waterways), ``(D) paragraph (1), (2), or (3) of section 4041(a) (relating to diesel fuel, special fuels, and compressed natural gas), and ``(E) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). ``(3) Suspension period.--For purposes of this subsection, the term `suspension period' means the 180-day period beginning on the 30th day after the date of the enactment of this subsection.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. REPEAL OF 1993 INCREASES IN MOTOR FUEL TAXES. (a) Highway Gasoline.--Clause (i) of section 4081(a)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and inserting ``14 cents''. (b) Aviation Gasoline.--Clause (ii) of section 4081(a)(2)(A) of such Code is amended by striking ``19.3 cents'' and inserting ``15 cents''. (c) Diesel Fuel and Kerosene.--Clause (iii) of section 4081(a)(2)(A) of such Code is amended by striking ``24.3 cents'' and inserting ``20 cents''. (d) Aviation Fuel.--Paragraph (1) of section 4091(b) of such Code is amended by striking ``21.8 cents'' and inserting ``17.5 cents''. (e) Fuel Used on Inland Waterways.-- (1) Paragraph (1) of section 4042(b) of such Code is amended by adding ``and'' at the end of subparagraph (A), by striking ``, and'' at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Paragraph (2) of section 4042(b) of such Code is amended by striking subparagraph (C). (f) Technical Amendments.-- (1) Subparagraph (B) of section 40(e)(1) of such Code is amended by striking ``during which the rates of tax under section 4081(a)(2)(A) are 4.3 cents per gallon'' and inserting ``during which the rate of tax under section 4081(a)(2)(A)(i) does not apply''. (2) Subparagraph (A) of section 4041(a)(1) of such Code is amended by striking ``or a diesel-powered train'' each place it appears and by striking ``or train''. (3) Subparagraph (C) of section 4041(a)(1) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (4) Subclause (I) of section 4041(a)(1)(C)(ii) of such Code, as redesignated by paragraph (3), is amended by striking ``7.3 cents'' and inserting ``3 cents'' and by striking ``4.3 cents per gallon'' and inserting ``zero''. (5) Subsection (a) of section 4041 of such Code is amended by striking paragraph (3). (6) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows ``section 6421(e)(2)'' and inserting a period. (7) Subparagraph (B) of section 4041(a)(2) of such Code is amended by striking all that follows clause (i) and inserting the following new clauses: ``(ii) 10.4 cents per gallon in the case of liquefied petroleum gas, and ``(iii) 9.1 cents per gallon in the case of liquefied natural gas.'' (8) Paragraph (3) of section 4041(c) of such Code is amended to read as follows: ``(3) Termination.--The rate of the taxes imposed by paragraph (1) shall be zero after September 30, 2007.'' (9) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Diesel fuel used in trains.--There is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)-- ``(A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or ``(B) used by any person as a fuel in a diesel- powered train unless there was a taxable sale of such fuel under subparagraph (A). 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.'' (10) Clauses (i) and (ii) of section 4041(m)(1)(A) of such Code are amended to read as follows: ``(i) 7 cents per gallon on and after the date of the enactment of this clause and before October 1, 2005, and ``(ii) zero after September 30, 2005, and''. (11) Subsection (c) of section 4081 of such Code is amended by striking paragraph (6) and by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (12) Paragraphs (1) and (2) of section 4081(d) of such Code are amended to read as follows: ``(1) In general.--The rates of tax specified in clauses (i) and (iii) of subsection (a)(2)(A) shall be zero after September 30, 2005. ``(2) Aviation gasoline.--The rate of tax specified in subsection (a)(2)(A)(ii) shall be zero after September 30, 2007.'' (13) Subsection (f) of section 4082 of such Code is amended by striking ``section 4041(a)(1)'' and inserting ``subsections (d)(3) and (a)(1) of section 4041, respectively''. (14) Paragraph (3) of section 4083(a) of such Code is amended by striking ``or a diesel-powered train''. (15) Subparagraph (A) of section 4091(b)(3) of such Code is amended to read as follows: ``(A) The rate of tax specified in paragraph (1) shall be zero after September 30, 2007.'' (16) Paragraph (1) of section 4091(c) of such Code is amended-- (A) by striking ``14 cents'' and inserting ``9.7 cents'', (B) by striking ``13.3 cents'' and inserting ``9 cents'', (C) by striking ``13.2 cents'' and inserting ``8.9 cents'', (D) by striking ``13.1 cents'' and inserting ``8.8 cents'', and (E) by striking ``13.4 cents'' and inserting ``9.1 cents''. (17) Subsection (c) of section 4091 of such Code is amended by striking paragraph (4), and by redesignating paragraph (5) as paragraph (4). (18) Subsection (b) of section 4092 of such Code is amended by striking ``attributable to'' and all that follows and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section. For purposes of the preceding sentence, the term `commercial aviation' means any use of an aircraft other than in noncommercial aviation (as defined in section 4041(c)(2)).'' (19) Subparagraph (B) of section 6421(f)(2) of such Code is amended by striking ``and,'' and all that follows and inserting a period. (20) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: ``(3) Gasoline used in trains.--In the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081.'' (21) Subparagraph (A) of section 6427(b)(2) of such Code is amended by striking ``7.4 cents'' and inserting ``3.1 cents''. (22) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: ``(3) Refund of certain taxes on fuel used in diesel- powered trains.--For purposes of this subsection, the term `nontaxable use' includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof.'' (23) Paragraph (4) of section 6427(l) of such Code is amended by striking ``attributable to'' and all that follows through the period and inserting ``attributable to the Leaking Underground Storage Tank Trust Fund financing rate imposed by such section.'' (g) Effective Date.--The amendments made by this section shall take effect on the day after the suspension period ends under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). SEC. 4. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax suspension date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax suspension date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax suspension date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax suspension date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax suspension date'' means the date on which the suspension period begins under section 4081(f) of the Internal Revenue Code of 1986 (as added by section 2). (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 5. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any taxable liquid which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax equal to the excess of the tax which would be imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on such liquid had the taxable event occurred on the floor stocks tax date over the tax paid under such sections on such liquid. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid 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). (2) Taxable liquid.--The term ``taxable liquid'' means any liquid on which tax is imposed under section 4041, 4081, or 4091 of the Internal Revenue Code of 1986 on the floor stocks tax date. (3) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (4) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (5) Floor stocks tax date.--The term ``floor stocks tax date'' means the day after the end of the suspension period under section 4081(f) of such Code (as added by section 2). (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to taxable liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4041, 4081, or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on taxable liquid held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of diesel fuel, kerosene, or aviation fuel 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. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) 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. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4041(a)(2) of such Code in the case of special fuels; by section 4081 of such Code in the case of gasoline, diesel fuel, and kerosene; and by section 4091 of such Code in the case of aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4041, 4081, or 4091.

Summary: Freedom from Unfair Energy Levy Act - Amends the Internal Revenue Code to: (1) suspend, for six months, motor fuels taxes; and (2) repeal the 1993 4.3 cents per gallon increase in motor fuel taxes. Sets forth floor stock provisions.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Witness Security and Protection Grant Program Act of 2011''. SEC. 2. WITNESS PROTECTION GRANT PROGRAM. (a) In General.--Subject to subsection (i), the Attorney General shall make competitive grants to eligible State, tribal, and local governments to establish or maintain programs that provide protection or assistance to witnesses in-- (1) court proceedings involving homicide, or involving a serious violent felony or serious drug offense as defined in section 3559(c)(2) of title 18, United States Code; and (2) court proceedings involving gangs or organized crime. (b) Criteria.--In making grants under subsection (a), the Attorney General shall evaluate applicants based upon the following: (1) The extent to which the applicant has a lack of infrastructure to support a witness assistance program. (2) The extent to which witness intimidation is present with respect to the applicant. (3) The level of cases not prosecuted by the applicant due to witness intimidation. (4) The number of homicides per capita committed in the jurisdiction of the applicant. (5) The number of serious violent felonies or serious drug offenses, as defined in section 3559(c)(2) of title 18, United States Code, per capita committed in the jurisdiction of the applicant. (6) The extent to which organized crime is present in the jurisdiction of the applicant. (7) Other appropriate criteria as determined by the Attorney General. (c) Technical Assistance.--From amounts made available under subsection (i) to carry out this section, the Attorney General, upon request of a recipient of a grant under this section, shall direct the appropriate offices within the Department of Justice to provide technical assistance to such recipient to the extent the Attorney General determines such technical assistance is needed to establish or maintain a program described in such section. (d) Best Practices.-- (1) Report.--Each recipient of a grant under this section shall submit to the Attorney General a report, in such form and manner and containing such information as specified by the Attorney General, that evaluates each program established or maintained pursuant to such grant, including policies and procedures under the program. (2) Development of best practices.--Based on the reports submitted under paragraph (1), the Attorney General shall develop best practice models to assist States and other relevant entities in addressing-- (A) witness safety; (B) short-term and permanent witness relocation; (C) financial and housing assistance; and (D) any other services related to witness protection or assistance that are determined by the Attorney General to be necessary. (3) Dissemination to states.--Not later than 1 year after the development of best practice models under paragraph (2), the Attorney General shall disseminate to States and other relevant entities such models. (4) Sense of congress.--It is the sense of Congress that States and other relevant entities should use the best practice models developed and disseminated in accordance with this section to evaluate, improve, and develop witness protection or witness assistance as appropriate. (5) Clarification.--Nothing in this section requires the dissemination of any information if the Attorney General determines such information is law enforcement sensitive and should only be disclosed within the law enforcement community or that such information poses a threat to national security. (e) Federal Share.-- (1) In general.--The Federal share of the cost of a project carried out using a grant made under this section shall not be more than 75 percent. (2) In-kind contributions.-- (A) In general.--Subject to subparagraph (B), the non-Federal share for a project carried out using a grant made under this section may be made in the form of in-kind contributions that are directly related to the purpose for which the grant was made. (B) Maximum percentage.--Not more than 50 percent of the non-Federal share for a project carried out using a grant made under this section may be in the form of in-kind contributions. (f) Administrative Expenses.--Federal administrative costs to carry out this section for a fiscal year shall not exceed 5 percent of the funds appropriated pursuant to subsection (i) for such fiscal year. (g) Geographic Distribution.--The Attorney General shall ensure that, to the extent reasonable and practical, grants authorized by this section are made to achieve an equitable geographical distribution of such programs throughout the United States and that due consideration be given to applicants of rural and urban communities. (h) Report to Congress.--The Attorney General shall submit a report to Congress-- (1) not later than December 31, 2013, on the implementation of this section and any information on programs funded by grants made pursuant to this section; and (2) not later than December 31, 2017, on the programs funded by grants awarded under this section, including on matters specified under subsection (d)(2). (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2012 through 2016.

Summary: Witness Security and Protection Grant Program Act of 2011 - Directs the Attorney General to: (1) make competitive grants to state, tribal, and local governments to establish or maintain programs to protect or assist witnesses in court proceedings involving homicide, a serious felony or drug offense, or gangs or organized crime; (2) evaluate grant applicants based on specified criteria, including the extent of witness intimidation and the number of serious crimes per capita with respect to such applicant; (3) provide technical assistance to grant applicants for establishing or maintaining a witness protection plan; and (4) develop and disseminate best practice models to assist states and other relevant entities in addressing witness safety, short-term and permanent witness relocation, financial and housing assistance, and other necessary services. Expresses the sense of Congress that states and relevant entities should use the best practice models developed by the Attorney General to evaluate, improve, and develop witness protection or witness assistance programs.


SECTION 1. EMERGENCY WATERSHED PROTECTION DISASTER ASSISTANCE FUND. (a) Definitions.--In this section: (1) Emergency watershed protection program.--The term ``emergency watershed protection program'' means the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203). (2) Fund.--The term ``Fund'' means the Emergency Watershed Protection Disaster Assistance Fund established by subsection (b). (3) Natural disaster.--The term ``natural disaster'' means-- (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Emergency Watershed Protection Disaster Assistance Fund'', to be administered by the Secretary to carry out activities under the emergency watershed protection program. (c) Purpose and Availability of Fund.-- (1) In general.--Subject to subsection (d), amounts in the Fund shall be available to the Secretary, until expended, to provide additional amounts for authorized activities described in subsection (b) in areas affected by a natural disaster. (2) Maintenance of funding.--Amounts in the Fund shall supplement (and not supplant) other Federal funding for natural disasters. (d) Directly Appropriated Amounts.--Amounts appropriated directly to the Fund by this Act or any subsequent Act for a specific purpose shall be available only for that purpose until such time as the transfer authority provided by subsection (f) takes effect with regard to the amounts. (e) Transfer of Prior Appropriations to Fund.-- (1) In general.--The Secretary may transfer to the Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts described in paragraph (2) if, in advance of the transfer, the Secretary-- (A) determines that the unobligated amounts are no longer needed to respond to the natural disaster for which the amounts were originally appropriated; and (B) provides a certification of that determination to the Committees on Appropriations of the House of Representatives and the Senate. (2) Amounts.-- (A) In general.--Amounts described in this paragraph are amounts for the emergency watershed protection program that-- (i) except in the case of funds described in subparagraph (B), remain unobligated as of the date of enactment of this Act; or (ii)(I) are made available under the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2; 127 Stat. 4); and (II) are not necessary to fulfill any eligible request for the funds made in accordance with that Act. (B) Emergency designations.-- (i) Emergency designation for statutory paygo.--This subsection is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)). (ii) Emergency designation for congressional enforcement.--In the Senate, this subsection is designated as an emergency requirement pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (3) Certain funds.-- (A) Preliminary deposit.--Not later than 30 days after the date of enactment of this Act, the Secretary shall transfer to the Fund all amounts described in paragraph (2)(A)(ii) that are in excess of amounts requested in applications received by the Secretary on or before April 18, 2014, in accordance with the Disaster Relief Appropriations Act, 2013 (division A of Public Law 113-2; 127 Stat. 4). (B) Final deposit.--As soon as practicable after the Secretary has made final determinations on all applications described in subparagraph (A), the Secretary shall transfer to the Fund all remaining unobligated amounts described in paragraph (2)(A)(ii). (f) Transfer of Other Appropriations to Fund.-- (1) In general.--Unless otherwise specifically provided in an appropriations Act, the Secretary may transfer to or within the Fund, and merge with other amounts generally appropriated to the Fund, the available unobligated balance of any amounts that are appropriated for fiscal year 2014 or any subsequent fiscal year for the emergency watershed protection program to respond to a natural disaster or are designated by the Congress as an emergency requirement if, in advance of the transfer, the Secretary-- (A) determines that the unobligated amounts are no longer needed to respond to the natural disaster for which the amounts were originally appropriated; and (B) provides a certification of that determination to the Committees on Appropriations of the House of Representatives and the Senate. (2) Timing.--A transfer of unobligated amounts with respect to a natural disaster may not be made under this subsection until after the end of the 2-year period beginning on the date on which the amounts were originally appropriated for that natural disaster. (g) Availability of Funds.--Amounts transferred into the Fund under this section shall be available to the Secretary for obligation without further appropriation. (h) Administrative Expenses.--In addition to any other funds available to the Secretary to cover administrative costs, the Secretary may use up to 3 percent of the amounts allocated from the Fund for a specific natural disaster to cover administrative costs of the State and local offices of the Department of Agriculture in the areas affected by the natural disaster to carry out disaster-related activities. (i) Limitation on Per Disaster Obligations.-- (1) In general.--Amounts in the Fund, except for amounts described in subsection (d) that are appropriated to the Fund and obligated in accordance with that subsection, may not be obligated in excess of $1,000,000 for a natural disaster until at least 15 days after the date on which the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate of the determination of the Secretary to obligate additional amounts and the reasons for the determination. (2) Specific and extreme need.--The Secretary may not obligate more than 50 percent of the amounts in the Fund for any 1 natural disaster unless the Secretary declares that there is a specific and extreme need for additional funds to be provided in response to that natural disaster at time of the obligation. (j) Quarterly Reports.--The Secretary shall submit, on a quarterly basis, to the Committees on Appropriations of the House of Representatives and the Senate a report describing the status of the Fund and any transactions that have affected the Fund since the previous report.

Summary: Establishes in the Treasury the Emergency Watershed Protection Disaster Assistance Fund to be administered by the Secretary of Agriculture (USDA) to carry out emergency watershed protection activities in natural disaster-affected areas. Sets forth limitations on per disaster obligations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Industry Merger Antitrust Enforcement Act''. SEC. 2. STATEMENT OF FINDINGS AND DECLARATIONS OF PURPOSES. (a) Findings.--Congress finds the following: (1) American consumers are suffering from excessively high prices for gasoline, natural gas, heating oil, and other energy products. (2) These excessively high energy prices have been caused, at least in substantial part, by undue concentration among companies involved in the production, refining, distribution, and retail sale of oil, gasoline, natural gas, heating oil, and other petroleum-related products. (3) There has been a sharp consolidation caused by mergers and acquisitions among oil companies over the last decade, and the antitrust enforcement agencies (the Federal Trade Commission and the Department of Justice Antitrust Division) have failed to employ the antitrust laws to prevent this consolidation, to the detriment of consumers and competition. This consolidation has caused substantial injury to competition and has enabled the remaining oil companies to gain market power over the sale, refining, and distribution of petroleum- related products. (4) The demand for oil, gasoline, and other petroleum-based products is highly inelastic so that oil companies can easily utilize market power to raise prices. (5) Maintaining competitive markets for oil, gasoline, natural gas, and other petroleum-related products is in the highest national interest. (b) Purposes.--The purposes of this Act are to-- (1) ensure vigorous enforcement of the antitrust laws in the oil industry; (2) restore competition to the oil industry and to the production, refining, distribution, and marketing of gasoline and other petroleum-related products; and (3) prevent the accumulation and exercise of market power by oil companies. SEC. 3. BURDEN OF PROOF. Section 7 of the Clayton Act (15 U.S.C. 18) is amended by adding at the end the following: ``In any civil action brought against any person for violating this section in which the plaintiff-- ``(1) alleges that the effect of a merger, acquisition, or other transaction affecting commerce may be to substantially lessen competition, or to tend to create a monopoly, in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, oil, or natural gas, or products derived from petroleum, oil, or natural gas; and ``(2) establishes that a merger, acquisition, or transaction is between or involves persons competing in the business of exploring for, producing, refining, or otherwise processing, storing, marketing, selling, or otherwise making available petroleum, oil, or natural gas, or products derived from petroleum, oil, or natural gas; the burden of proof shall be on the defendant or defendants to establish by a preponderance of the evidence that the merger, acquisition, or transaction at issue will not substantially lessen competition or tend to create a monopoly.''. SEC. 4. ENSURING FULL AND FREE COMPETITION. (a) Review.--The Federal Trade Commission and the Antitrust Division of the Department of Justice shall jointly review and revise all enforcement guidelines and policies, including the Horizontal Merger Guidelines issued April 2, 1992 and revised April 8, 1997, and the Non-Horizontal Merger Guidelines issued June 14, 1984, and modify those guidelines in order to-- (1) specifically address mergers and acquisitions in oil companies and among companies involved in the production, refining, distribution, or marketing of oil, gasoline, natural gas, heating oil, or other petroleum-related products; and (2) ensure that the application of these guidelines will prevent any merger and acquisition in the oil industry, when the effect of such a merger or acquisition may be to substantially lessen competition, or to tend to create a monopoly, and reflect the special conditions prevailing in the oil industry described in subsection (b). (b) Special Conditions.--The guidelines described in subsection (a) shall be revised to take into account the special conditions prevailing in the oil industry, including-- (1) the high inelasticity of demand for oil and petroleum- related products; (2) the ease of gaining market power in the oil industry; (3) supply and refining capacity limits in the oil industry; (4) difficulties of market entry in the oil industry; and (5) unique regulatory requirements applying to the oil industry. (c) Competition.--The review and revision of the enforcement guidelines required by this section shall be completed not later than 6 months after the date of enactment of this Act. (d) Report.--Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission and the Antitrust Division of the Department of Justice shall jointly report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives regarding the review and revision of the enforcement guidelines mandated by this section. SEC. 5. DEFINITIONS. In this Act: (1) Oil industry.--The term ``oil industry'' means companies and persons involved in the production, refining, distribution, or marketing of oil or petroleum-based products. (2) Petroleum-based product.--The term ``petroleum-based product'' means gasoline, diesel fuel, jet fuel, home heating oil, natural gas, or other products derived from the refining of oil or petroleum.

Summary: Oil Industry Merger Antitrust Enforcement Act - Amends the Clayton Act to require, in any civil action in which the plaintiff alleges that the effect of a merger, acquisition, or other transaction (transaction) may be to substantially lessen competition or to create a monopoly in the business of exploring for, producing, refining, marketing, or selling petroleum, oil, natural gas, or their related products and that establishes that the transaction involves competitors in that business, the burden of proof shall be on the defendant to establish that such transaction will not substantially lessen competition or create a monopoly. Directs the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice to jointly review and revise applicable enforcement guidelines and policies in order to: (1) specifically address the above transactions; and (2) ensure that the guidelines will prevent any transaction which substantially lessens competition or creates a monopoly.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Enforcement and Trade Deficit Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States market is widely recognized as one of the most open markets in the world. Average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. (2) With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. (3) Often the only leverage the United States has to obtain the reduction or elimination of nontariff barriers imposed by foreign countries is to negotiate the amount of tariffs the United States imposes on imports from those foreign countries. (4) The United States has become the world's largest net debtor nation, having run up massive trade deficits since the mid-1970s. (5) Every year since 1976, whether in expansion or recession, the United States has run a deficit in goods and services trade, which weakens and detracts from America's global leadership position. (6) The United States trade deficit in 1993, the year before the North American Free Trade Agreement (NAFTA) went into force, was $135.6 billion. (7) In 2015, the United States had a deficit in the balance of trade in goods and services of $939.8 billion. (8) In 2015, the United States had a trade deficit of $179 billion with countries with which it has free trade agreements. (9) Persistent deficits weaken the United States economy, defense industrial base, and innovation system and increase the likelihood of ownership of large segments of the United States economy by foreign interests. SEC. 3. WITHDRAWAL OF TARIFF CONCESSIONS. (a) In General.--If the Department of Commerce determines pursuant to subsection (c) that-- (1) a tariff or nontariff barrier or policy or practice of the government of a foreign country with respect to United States exports of any product has not been reduced or eliminated in accordance with the terms of a trade agreement entered into between the United States and the foreign country; or (2) a tariff or nontariff barrier or policy or practice of such government with respect to United States exports of any product has been imposed or discovered, the United States Trade Representative shall withdraw any modification of any duty that reduced or eliminated the bound or applied rate of duty on any product that has the same physical characteristics and uses as a product described in paragraph (1) or (2) until such time as the Department of Commerce submits to Congress a certification that the foreign government has reduced or eliminated the tariff or nontariff barrier or policy or practice. (b) Investigation.-- (1) In general.--The Department of Commerce shall initiate an investigation if an interested party files a petition with the Department of Commerce which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. (2) Interested party defined.--For purposes of paragraph (1), the term ``interested party'' means-- (A) a manufacturer, producer, or wholesaler in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (B) a certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; (C) a trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of an existing duty is sought; or (D) a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. (c) Determination by the Department of Commerce.--Not later than 45 days after the date on which a petition is filed under subsection (b), the Department of Commerce shall-- (1) determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a); and (2) notify the petitioner of the determination under paragraph (1) and the reasons for the determination. SEC. 4. TRADE DEFICIT REDUCTION. (a) Identification.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and monthly thereafter, the Department of Commerce shall identify each country from which the value of goods and services imported into the United States exceeds twice the value of goods and services that are products of the United States that are exported from the United States to that country. (2) Statistical sources.--For purposes of the calculations described in this section, the Department of Commerce shall use the goods and services trade deficit data compiled by the United States International Trade Commission, specifically-- (A) U.S. Imports for Consumption data, in the case of imports; and (B) U.S. Domestic Exports data, in the case of exports. (3) Exclusion of least developed countries.--For purposes of this subsection, the term ``country'' does not include a country that is identified on the most recent List of Least Developed Countries published by the United Nations Committee for Development Policy. (b) Action by U.S. Customs and Border Protection.--In the case of a country which is identified under subsection (a) for six consecutive months, U.S. Customs and Border Protection shall bar the importation of products from a country identified under subsection (a), other than those granted a waiver under subsection (c), beginning 180 days after the date on which a determination is made under subsection (a) until such time that-- (1) such country is no longer identified under subsection (a); or (2) the President has provided written notice to Congress of the President's intention to enter into negotiations with such country to enter into a trade agreement, or changes to an existing trade agreement, with such country pursuant to section 105(a)(1)(A) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204(a)(1)(A)). (c) Waiver.--A manufacturer, producer, or wholesaler in the United States may apply to the Department of Commerce to allow the importation of a product from a country identified under subsection (a), which the Department of Commerce shall grant-- (1) if it is shown that such product is not available in sufficient quantities from other sources; and (2) for a period not to exceed one year.

Summary: Trade Enforcement and Trade Deficit Reduction Act This bill requires the Office of the U.S. Trade Representative to withdraw tariff concessions granted to a foreign country if the Department of Commerce determines that such country has not reduced or eliminated a tariff or nontariff barrier on U.S. exports in accordance with a trade agreement. Commerce must: (1) initiate an investigation if it receives a petition alleging that a foreign country has not complied with the tariff provisions of a trade agreement, and (2) identify each country (other than a least developed country) whose imports of goods and services to the United States exceed twice the value of U.S. exports to that country over a six month period. The U.S. Customs and Border Protection must bar the importation of products from such a country unless a waiver is granted for such products to a U.S. manufacturer, producer, or wholesaler.


SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Children's Act for Responsible Employment of 2001'' or ``CARE Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.). SEC. 2. AGRICULTURAL EMPLOYMENT. Section 13(c) (29 U.S.C. 213(c)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) The provisions of section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours in the school district where such employee is living while he or she is so employed, if such employee is employed by his or her parent, grandparent, aunt, uncle, first cousin, or legal guardian, on a farm that is owned or operated by such parent, grandparent, aunt, uncle, first cousin, or legal guardian.''; and (2) by striking paragraphs (2) and (4). SEC. 3. CIVIL AND CRIMINAL PENALTIES FOR CHILD LABOR VIOLATIONS. (a) Civil Money Penalties.--Section 16(e) (29 U.S.C. 216(e)) is amended in the first sentence-- (1) by striking ``$10,000'' and inserting ``$15,000''; (2) by inserting after ``subject to a civil penalty of'' the following: ``not less than $500 and''. (b) Penalties for Violations Resulting in Serious Bodily Injury, Serious Illness, or Death.--Section 16 (29 U.S.C. 216) is amended by adding at the end the following: ``(f) Any employer who violates section 12 shall be liable for such legal or equitable relief as may be appropriate where such violation results in serious bodily injury to, serious illness, or the death of a minor. An action to recover such relief may be brought against any employer in a Federal or State court of competent jurisdiction, without regard to the amount in controversy, by any employee subject to the protections of section 12 or by the employee's legal guardian or the employee's survivors. The court in such action shall, in addition to any other judgment awarded to the plaintiff, allow a reasonable attorney's fee to be paid by the defendant and the costs of the action. If the employee, the employee's legal guardian, or the employee's survivors collect a judgment under this subsection and also seek recovery for the same violation through State worker's compensation laws, the provisions of this subsection shall not be construed to prohibit a State from electing to offset recovery obtained under this subsection against recovery provided through such State worker's compensation laws. A court, in a case described in the preceding sentence, may consider the amount recovered under any State worker's compensation laws in awarding relief under this subsection.''. (c) Criminal Penalties.--Section 16(a) (29 U.S.C. 216(a)) is amended by adding at the end the following: ``Any person who violates the provisions of section 15(a)(4), concerning oppressive child labor, shall on conviction be subject to a fine of not more than $15,000 (notwithstanding any provision of section 3571 of title 18, United States Code, to the contrary), or to imprisonment for not more than 5 years, or both, in the case of a willful or repeat violation that results in or contributes to a fatality of a minor employee or a permanent disability of a minor employee, or a violation which is concurrent with a criminal violation of any other provision of this Act or of any other Federal or State law.''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to preempt any State law that provides protections or remedies for employees that are greater than the protections or remedies provided under such amendments. SEC. 4. REPORTING AND RECORD-KEEPING. Section 12 (29 U.S.C. 212) is amended by adding at the end the following: ``(e)(1) The Secretary and the Director of the Bureau of the Census of the United States shall biannually compile data from respective State employment security agencies and from other sources in all the States concerning-- ``(A) the types of industries and occupations in which children under the age of 18 are employed; and ``(B) cases in which it was determined that children were employed in violation of this section. ``(2) Each employer who employs an individual in a State under the age of 18 shall report to the State employment security agency in the State on any injury to such individual that results in lost employment time or any illness such individual incurred while at work. Such report shall include the age of the individual, the nature of the job in which the individual is employed (including large-scale, commercial agriculture), the circumstances surrounding the injury or illness to such individual, and the report of the physician and health care facility which dealt with such injury or illness. ``(3) Beginning on January 1, 2003, the Secretary, in conjunction with the Secretary of Health and Human Services, shall issue a biannual report on the status of child labor in the United States and its attendant safety and health hazards.''. SEC. 5. COORDINATION. Section 4 (29 U.S.C. 204) is amended by adding at the end the following: ``(g) The Secretary shall encourage and establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Upon the request of the Secretary, and to the extent permissible under applicable law, State and local government agencies with information regarding injuries and deaths of employees shall submit such information to the Secretary for use as appropriate in the enforcement of section 12 and in the promulgation and interpretation of the regulations and orders authorized by section 3(l). The Secretary may reimburse such State and local government agencies for such services.''. SEC. 6. REGULATIONS. Not later than ____ days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act. Such regulations shall take effect not later than ____ days after the date of such promulgation. SEC. 7. AUTHORIZATION. There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary for to carry out this Act and the amendments made by this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date on which the regulations promulgated under section 6 take effect.

Summary: Children's Act for Responsible Employment of 2001 - CARE Act - Amends the Fair Labor Standards Act of 1938 to repeal certain exemptions from child labor prohibitions for agricultural employment.Applies the same age restrictions to agricultural employment as to other forms of employment. Limits exemptions to agricultural labor outside of school hours, if the individual is employed by a specified family member on the member's farm. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment.Increases civil and criminal penalties for child labor violations.Directs the Secretary of Labor and the Director of the Bureau of the Census to compile data biannually from State employment security agencies and from other sources in all the States concerning: (1) the types of industries and occupations in which children under the age of 18 are employed; and (2) cases in which children were employed in violation of Federal child labor prohibitions. Requires each employer to report to the State employment security agency on any injury to an employee under age 18 that results in lost employment time or any illness such individual incurred while at work.Directs the Secretary to establish closer working relationships with non-governmental organizations and with State and local government agencies having responsibility for administering and enforcing labor and safety and health laws. Requires State and local government agencies to inform the Secretary, upon request, about employee injuries and deaths.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Homebuyer Accessibility Act of 2015''. SEC. 2. VETERAN FIRST-TIME HOMEBUYER TAX CREDIT. (a) In General.--Section 36(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Allowance of Credit.--In the case of an eligible veteran who purchases a principal residence in the United States during the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 10 percent of the purchase price of the residence.''. (b) Additional Limitation for Adaptive Housing Improvements.-- Section 36(b)(1) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Special rule for adaptive housing improvements.--In the case of a principal residence with special fixtures or movable facilities made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(i) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or ``(ii) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance, then subparagraph (A) shall be increased by the lesser of $8,000 or the portion of the purchase price of the principal residence attributable such fixtures or movable facilities.''. (c) Eligible Veteran.-- (1) In general.--Section 36(c)(1) of such Code is amended by striking ``First-time homebuyer.--The term `first time homebuyer' means any individual'' and inserting ``Eligible veteran.--The term `eligible veteran' means any individual who is a veteran (as defined in section 101(2) of title 38, United States Code)''. (2) Long-time resident.--Section 36(c)(6) of such Code is amended by striking ``treated as a first-time homebuyer'' and inserting ``treated as meeting the no present ownership interest requirement of paragraph (1)''. (d) Recapture of Credit.--Section 36(f) of such Code is amended to read as follows: ``(f) Recapture of Credit.-- ``(1) In general.--If a taxpayer disposes of the principal residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the end of the 36-month period beginning on the date of the purchase of such residence by the taxpayer the tax imposed by this chapter for the taxable year of such disposition or cessation shall be increased by the amount of the credit so allowed. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence during the 2-year period beginning on the date of the disposition or cessation referred to in paragraph (1). Paragraph (1) shall apply to such new principal residence during the 36-month period referred to therein in the same manner as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Special rule for members of the armed forces, etc.-- ``(i) In general.--In the case of the disposition of a principal residence by an individual (or a cessation referred to in paragraph (1)) in connection with Government orders received by such individual, or such individual's spouse, for qualified official extended duty service, paragraph (1) shall not apply to such disposition (or cessation). ``(ii) Qualified official extended duty service.--For purposes of this section, the term `qualified official extended duty service' means service on qualified official extended duty as-- ``(I) a member of the uniformed services, ``(II) a member of the Foreign Service of the United States, or ``(III) an employee of the intelligence community. ``(iii) Definitions.--Any term used in this subparagraph which is also used in paragraph (9) of section 121(d) shall have the same meaning as when used in such paragraph. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle.''. (e) Application of Credit.--Section 36(h) of such Code is amended to read as follows: ``(h) Termination.--This section shall not apply to any residence purchased after December 31, 2017.''. (f) Assignment of Credit in Case of Construction.--Section 36 of such Code is amended by adding at the end the following new subsection: ``(i) Credit May Be Assigned.-- ``(1) In general.--In the case of a residence constructed by the taxpayer, if such taxpayer elects the application of this subsection for any taxable year, any portion of the credit determined under this section which is attributable to an increase under subparagraph (B) of subsection (b)(1) for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any improvements, special fixtures, or movable facilities to which the credit is attributable under subparagraph (B) of subsection (b)(1). ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (g) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the portion of the veteran first-time homebuyer credit assigned to the taxpayer to which the second sentence of section 36(i)(1) applies,''. (2) The heading for section 1400C(e)(4) of such Code is amended by striking ``national first-time homebuyers credit'' and inserting ``veteran first-time homebuyers credit''. (h) Clerical Amendments.-- (1) The heading for section 36 of such Code is amended to read as follows: ``SEC. 36. VETERAN FIRST-TIME HOMEBUYER CREDIT.''. (2) The item relating to section 36 in the table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 36. Veteran first-time homebuyer credit.''. (i) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. SEC. 3. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 37 the following new section: ``SEC. 36C. VETERAN HOME MOBILITY IMPROVEMENT CREDIT. ``(a) In General.--In the case of a veteran, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the amount paid or incurred by the taxpayer for qualified adaptive housing improvements for the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed $8,000. ``(c) Qualified Adaptive Housing Improvement.--For purposes of this section, the term `qualified adaptive housing improvement' means special fixtures or movable facilities with respect to the principal residence of the veteran which are made necessary by the nature of the disability of the veteran, if such fixtures and facilities are-- ``(1) provided to the veteran pursuant to specially adapted housing assistance under chapter 17 or 21 of title 38, United States Code, or ``(2) similar to such fixtures and facilities that would be provided to the veteran if the veteran received such assistance. ``(d) Credit May Be Assigned.-- ``(1) In general.--If the taxpayer elects the application of this subsection for any taxable year, any portion of the credit under this section for such year which would (but for this subsection) be allowable to the taxpayer may be assigned to any person who is an eligible designee. The person so designated shall be allowed the amount of the credit so assigned and shall be treated as the taxpayer with respect to such credit for purposes of this title (other than this paragraph), except that such credit shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Eligible designee.--For purposes of paragraph (1), the term `eligible designee' means any person who, with respect to the residence, provides or installs any qualified adaptive housing improvements to which the credit under this section is attributable. ``(3) Election requirements.--Any election under paragraph (1) shall include such information and shall be made at such time, and in such form and manner, as the Secretary shall by regulation prescribe.''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (2) Section 38(b) of the Internal Revenue Code of 1986, as amended by section 2, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) the portion of the veteran home mobility improvement credit assigned to the taxpayer to which the second sentence of section 36C(d)(1) applies.''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: ``Sec. 36C. Veteran home mobility improvement credit.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014.

Summary: Veterans Homebuyer Accessibility Act of 2015 This bill amends the Internal Revenue Code, with respect to the tax credit for first-time homebuyers, to: (1) allow a veteran of the Armed Forces a tax credit for 10% of the purchase price of a principal residence purchased prior to January 1, 2018; (2) allow an additional credit for the cost, not exceeding $8,000 in a taxable year, of installing special fixtures or movable facilities in a residence to accommodate a disability of the veteran; and (3) require a recapture of credit amounts if the veteran sells such residence within 36 months after purchasing it.


SECTION 1. DEFINITION OF RENEWABLE BIOMASS. (a) Clean Air Act Definitions.-- (1) RFS definition.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by striking subparagraph (I) and inserting the following: ``(I) Renewable biomass.--The term `renewable biomass' means-- ``(i) materials, pre-commercial thinnings, or invasive species from National Forest System land and public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)) that-- ``(I) are byproducts of preventive treatments that are removed-- ``(aa) to reduce hazardous fuels; ``(bb) to reduce or contain disease or insect infestation; or ``(cc) to restore ecosystem health; ``(II) would not otherwise be used for higher-value products; and ``(III) are harvested in accordance with-- ``(aa) applicable law and land management plans; and ``(bb) the requirements for-- ``(AA) old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (e) of section 102 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6512); and ``(BB) large-tree retention of subsection (f) of that section; or ``(ii) any organic matter that is available on a renewable or recurring basis from non- Federal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including-- ``(I) renewable plant material, including-- ``(aa) feed grains; ``(bb) other agricultural commodities; ``(cc) other plants and trees; and ``(dd) algae; and ``(II) waste material, including-- ``(aa) crop residue; ``(bb) other vegetative waste material (including wood waste and wood residues); ``(cc) animal waste and byproducts (including fats, oils, greases, and manure); and ``(dd) food waste and yard waste.''. (2) Conversion assistance definition.--Section 211(s)(4) of the Clean Air Act (42 U.S.C. 7545(s)(4)) is amended by striking subparagraph (B) and inserting the following: ``(B) Renewable biomass.--The term `renewable biomass' has the meaning given the term in subsection (o)(1).''. (b) Applicability Under Other Law.--The definition of the term ``renewable biomass'' under section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) (as amended by subsection (a)(1)) shall apply in any Federal law enacted after the date of enactment of this Act-- (1) to establish a renewable electricity standard; or (2) to regulate the emission of greenhouse gases.

Summary: Amends the Clean Air Act to redefine "renewable biomass" as: (1) materials, pre-commercial thinnings, or invasive species from certain National Forest System land and public lands that are byproducts of preventive treatments that are removed to reduce hazardous fuels, reduce or contain disease or insect infestation, or restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested in accordance with specified requirements for old-growth forests and large tree retention; or (2) any organic matter that is available on a renewable or recurring basis from nonfederal land or land belonging to an Indian or Indian tribe that is held in trust by the United States or subject to a restriction against alienation imposed by the United States, including specified renewable plant material and waste material. Applies this definition in any federal law enacted after the date of enactment of this Act to: (1) establish a renewable electricity standard; or (2) regulate the emission of greenhouse gases.


SECTION 1. ACCESS TO STUDENT RECRUITING INFORMATION. (a) Changes to the Elementary and Secondary Education Act of 1965.--Section 9528(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7908(a)) is amended-- (1) by striking paragraphs (1) and (2) and inserting the following: ``(1) Access to student recruiting information.-- Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act, each local educational agency receiving assistance under this Act shall provide, upon a request made by a military recruiter or an institution of higher education, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student has submitted the prior consent request under paragraph (2). ``(2) Consent.-- ``(A) Opt-out process.--A parent of a secondary school student may submit a written request, to the local educational agency, that the student's name, address, and telephone listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational agency may not release the student's name, address, and telephone listing for such purposes without the prior written consent of the parent. ``(B) Notification of opt-out process.--Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described in subparagraph (A).''; and (2) by adding at the end the following: ``(4) Rule of construction prohibiting opt-in processes.-- Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student's name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under paragraph (2)(A). ``(5) Parental consent.--For purposes of this subsection, whenever a student has attained eighteen years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student.''. (b) Changes to Title 10 of the United States Code.--Section 503(c) of title 10, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1)(A) Each local educational agency receiving assistance under the Elementary and Secondary Education Act of 1965-- ``(i) shall provide to military recruiters the same access to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of those students; and ``(ii) shall provide, upon a request made by a military recruiter for military recruiting purposes, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)), unless the parent of such student has submitted the prior consent request under subparagraph (B). ``(B)(i) The parent of a secondary school student may submit a written request, to the local educational agency, that the student's name, address, and telephone listing not be released for purposes of subparagraph (A) without prior written parental consent. Upon receiving a request, the local educational agency may not release the student's name, address, and telephone listing for such purposes without the prior written consent of the parent. ``(ii) Each local educational agency shall notify parents of the option to make a request described in clause (i). ``(C) Nothing in this paragraph shall be construed to allow a local educational agency to withhold access to a student's name, address, and telephone listing from a military recruiter or institution of higher education by implementing an opt-in process or any other process other than the written consent request process under subparagraph (B)(i). ``(D) Parental Consent.--For purposes of this paragraph, whenever a student has attained eighteen years of age, the permission or consent required of and the rights accorded to the parents of the student shall only be required of and accorded to the student.''; (2) by striking paragraphs (2), (3), and (4) and inserting the following: ``(2)(A) If a local educational agency denies recruiting access to a military recruiter under this section, the Secretary shall notify-- ``(i) the Governor of the State in which the local educational agency is located; and ``(ii) the Secretary of Education. ``(B) Upon receiving a notification under subparagraph (A), the Secretary of Education-- ``(i) shall, consistent with the provisions of part D of title IV of the General Education Provisions Act (20 U.S.C. 1234c), determine whether the local educational agency is failing to comply substantially with the requirements of this subsection; and ``(ii) upon determining that the local educational agency has failed to comply substantially with such requirements, may impose a penalty or enforce a remedy available for a violation of section 9528(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7908(a)) in the same manner as such penalty or remedy would apply to a local educational agency that violated such section.''; and (3) by redesignating paragraphs (5) and (6) as paragraphs (3) and (4), respectively.

Summary: Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise the process for blocking the access of military recruiters or institutions of higher education (IHEs) to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to submit a written request to the LEA that the student's name, address, and telephone listing not be released to military recruiters or IHEs without the parent's prior written consent. Prohibits LEAs from providing military recruiters or IHEs access to such information once they have received such consent request, unless the student's parent provides written consent to such access. Gives students the rights accorded to their parents when they reach age 18. Requires the Secretary of Defense to notify the Governor of the LEA's state and the Secretary of Education when an LEA denies access to military recruiters. Requires the Secretary of Education, upon receiving such notice, to determine whether: (1) the LEA has failed to comply substantially with the requirement to provide military recruiters with access to students and student information unless the parents have filed a prior consent request under this Act; and (2) the imposition of a penalty or remedy against the LEA is warranted.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Force Work Force Renewal Act''. SEC. 2. TEMPORARY AUTHORITY REGARDING VOLUNTARY SEPARATION INCENTIVES AND EARLY RETIREMENT FOR EMPLOYEES OF THE DEPARTMENT OF THE AIR FORCE. (a) Separation Pay.--Section 5597(b) of title 5, United States Code, is amended by adding at the end the following: ``Under such program separation pay may also be offered for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of such Department to emerging technologies critical to the needs and goals of such Department.''. (b) Retirement Under Civil Service Retirement System.--Section 8336 of such title is amended by adding at the end the following new subsection: ``(o)(1) An employee of the Department of the Air Force who is separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. ``(2) A determination under this paragraph is a determination by the Secretary of the Air Force that the separation described in paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of the Department to emerging technologies critical to the needs and goals of the Department.''. (c) Retirement Under Federal Employees' Retirement System.--Section 8414 of such title is amended by adding at the end the following new subsection: ``(d)(1) An employee of the Department of the Air Force who is separated from the service voluntarily as a result of a determination described in paragraph (2) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. ``(2) A determination under this paragraph is a determination by the Secretary of the Air Force that the separation described in paragraph (1) is necessary for the purpose of maintaining continuity of skills among employees of the Department of the Air Force and adapting the skills of the workforce of the Department to emerging technologies critical to the needs and goals of the Department.''. (d) Limitation of Applicability.--The authority to provide separation pay and retirement benefits under the amendments made by this section-- (1) may be exercised with respect to not more than 1000 civilian employees of the Department of the Air Force during each calendar year; and (2) shall expire on the date that is five years after the date of the enactment of this Act. SEC. 3. AIR FORCE EXPERIMENTAL PERSONNEL MANAGEMENT PROGRAM FOR TECHNICAL PERSONNEL. (a) Program Authorized.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of the Air Force may carry out a program of experimental use of the special personnel management authority provided in subsection (b) in order to facilitate recruitment of civilian personnel to perform the following: (1) Research and exploratory or advanced development. (2) Acquisition of major weapons systems, excluding sustainment activities. (b) Special Personnel Management Authority.--(1) Under the program, the Secretary may-- (A) appoint eminent scientists and engineers from outside the civil service and uniformed services (as such terms are defined in section 2101 of title 5, United States Code) to not more than 62 positions in the Department of the Air Force without regard to the provisions of such title governing the appointment of employees in the civil service, except that the Secretary shall-- (i) provide for consideration of veterans' preference eligibility as described in section 2108 of such title; and (ii) follow merit system principles, as established in chapter 23 of such title; (B) prescribe the rates of basic pay for positions to which employees are appointed under subparagraph (A) at rates not in excess of the rate payable for positions at level I of the Executive Schedule under section 5312 of such title; and (C) make payments to any employee appointed under subparagraph (A) in addition to basic pay within the limitation applicable to the employee under subsection (d)(1). (2) Of the 62 positions described in paragraph (1)-- (A) 50 of such positions shall be allocated to organizations performing research and exploratory or advanced development; and (B) 12 of such positions shall be allocated to organizations whose primary mission is the development and acquisition of major weapons systems, excluding sustainment activities. (c) Limitation on Term of Appointment.--(1) Except as provided in paragraph (2), the service of an employee under an appointment under subsection (b)(1) may not exceed 4 years. (2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by not more than 2 years if the Secretary determines that such action in necessary to promote the efficiency of the Department of the Air Force. (d) Limitations on Additional Payments.--(1) The total amount of additional payments paid to an employee under subsection (b)(1)(C) for any 12-month period may not exceed the lesser of the following amounts: (A) $25,000. (B) The amount equal to 25 percent of the employee's annual rate of basic pay. (2) An employee appointed under subsection (b)(1) is not eligible for a bonus, monetary award, or other monetary incentive for service other than payments authorized under subsection (b)(1)(C). (e) Period of Program.--(1) The program authorized under this section shall terminate at the end of the 5-year period referred to in subsection (a). (2) After the termination of the program-- (A) no appointment may be made under subsection (b)(1); (B) a rate of basic pay prescribed under subsection (b)(1)(B) may not take effect for a position; and (C) no period of service may be extended under subsection (c). (f) Savings Provisions.--In the case of an employee who, on the day before the termination of the program, is serving in a position pursuant to an appointment under subsection (b)(1)-- (1) the termination of the program shall not terminate the employee's employment in that position before the expiration of the lesser of-- (A) the period for which the employee was appointed; or (B) the period to which the employee's service is limited under subsection (c), including any extension made under paragraph (2) of that subsection before the termination of the program; and (2) the rate of basic pay prescribed for the position under subsection (b)(1)(B) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service. (g) Annual Report.--(1) Not later than October 15 of each of years 2001 through 2006, the Secretary shall submit a report on the program to the Committees on Armed Services of the Senate and the House of Representatives. (2) The annual report shall contain, for the period covered by the report, the following: (A) A detailed discussion of the exercise of authority under this section. (B) The sources from which individuals appointed under subsection (b)(1) were recruited. (C) The methodology used for identifying and selecting such individuals. (D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section. SEC. 4. AIR FORCE EXPERIMENTAL HIRING PROGRAM. (a) Program Authorized.--During the 5-year period beginning on the date of the enactment of this Act, the Secretary of the Air Force may carry out a program of experimental use of the authority provided in subsections (b), (c), and (d) in order to facilitate recruitment of civilian personnel to carry out the following: (1) Research and exploratory or advanced development. (2) Acquisition of major weapons systems, excluding sustainment activities. (b) Category Ranking.--(1) Notwithstanding sections 3309, 3313, 3317(a), and 3318(a) of title 5, United States Code, the Secretary may provide that applicants for positions in the Department of the Air Force be evaluated according to a quality category rating system based on relative degrees of merit, rather than according to numerical ratings. (2) Under the system described in paragraph (1), each applicant who meets the minimum qualification requirements shall be assigned to the appropriate category based on an evaluation of the quality of the applicant's knowledge, skills, and abilities relative to successful performance in the position to be filled. (3) Within each such quality category, applicants who are eligible for veterans' preference under section 2108 of such title shall have priority over applicants who are not eligible for such preference. (4)(A) Each applicant, other than applicants for scientific and professional positions at the GS-9 level or above, or the equivalent, who meets the minimum qualifications requirements and who is eligible for veterans' preference under section 2108(3)(C) of such title and who has a compensable service-connected disability of 10 percent or more shall have the highest priority in the quality category. (B) Applicants for scientific or professional positions at the GS-9 level or above, or the equivalent, shall be listed within their category grouping, except that applicants who are eligible for veterans' preference under such section 2108 shall have priority over applicants who are not eligible for preference. Among preference eligibles, preference shall be given without regard to the type of preference. (5) Under the system described in paragraph (1), an appointing official may select any qualified applicant within the highest category, except that such an official may not pass over a preference eligible for an individual who is not a preference eligible in the same category unless the requirements of section 3312(b) or 3318(b) of title 5, United States Code, are satisfied. If fewer than 3 applicants have been assigned to the highest category, an appointing official may select any qualified applicant in the next lower category or categories, if necessary to provide a pool of at least 3 qualified applicants. An appointing official may not pass over a preference eligible applicant to select a nonpreference eligible applicant in a lower category. (c) Shortage and Critical Need Hiring Authority.--(1) Notwithstanding section 3304(b) of title 5, United States Code, the Secretary of the Air Force may appoint individuals into the competitive service to fill civilian positions in the Department of the Air Force without competition, provided public notice has been given and the positions meet one of the following criteria: (A) There is a severe shortage of qualified candidates for the position. (B) There is a need for expedited hiring for the position. (C) The position is unique and has special qualifications. (D) The position has a historically high turnover rate. (2) The Secretary may appoint individuals with exceptional academic qualifications or special experience to positions described in paragraph (1). Individuals who qualify on the basis of education must possess a cumulative grade point average of 3.5 or higher on a 4.0 scale (or the equivalent grade point average on a different scale). (3) Applicants who are eligible for veterans' preference under section 2108 of title 5, United States Code, shall have priority over applicants who are not eligible for such preference. Among preference eligibles, a preference eligible applicant under subparagraphs (C) through (G) of section 2108(3) of such title shall have priority over an applicant who is eligible for preference under subparagraphs (A) or (B) of such section. An appointing official may not pass over a preference eligible applicant to select a nonpreference eligible applicant unless the requirements of section 3312(b) or 3318(b) of such title are satisfied.

Summary: Entitles employees who are voluntarily separated for the above reasons after completing 25 years of service or after becoming 50 years of age and completing 20 years of service to an annuity under either the Civil Service Retirement System or the Federal Employees' Retirement System. Limits the provision of such pay and annuity benefits to not more than 1000 employees in a calendar year. Terminates such authority five years after the enactment of this Act. Authorizes the Secretary of the Air Force, during the five-year period beginning on the enactment of this Act, to carry out a program of experimental use of special personnel management authority to appoint scientists and engineers from outside the civil service to perform: (1) research and exploratory or advanced development; and (2) acquisition of major weapons systems. Limits the number of such appointments to 62, with 50 appointed for the research and development positions and 12 for the acquisition positions. Limits the appointment term to four years, with an authorized two-year extension when necessary to promote Air Force efficiency. Limits the total amount to be paid to employees for any 12-month period as payments in addition to basic pay (offered to recruit highly-qualified individuals). Requires an annual program report from the Secretary to the congressional defense committees during 2001 through 2006. Authorizes the Secretary, during the same period, to carry out a program of experimental hiring for the above positions, using an employee rating system based on relative degrees of merit rather than numerical ratings. Gives priority to candidates with a service- connected disability rating of ten percent or more. Authorizes the Secretary to appoint individuals to fill civilian Air Force positions without competition, provided that public notice has been given and: (1) there is a severe shortage of qualified candidates; (2) there is a need for expediting such hiring; (3) the position is unique and has special qualifications; or (4) the position has a historically high turnover rate. Authorizes the Secretary to appoint to such positions individuals with exceptional academic qualifications (grade point average of 3.5 or higher) or special experience. Gives priority to applicants who are eligible for the veterans' preference.