SECTION 1. SHORT TITLE. This Act may be cited as the ``Biobased Energy Incentive Act of 2002''. SEC. 2. PRODUCTION OF BIOBASED ENERGY PRODUCTS. The Biomass Research and Development Act of 2000 (7 U.S.C. 7624 note; Public Law 106-224) is amended-- (1) by redesignating section 310 as section 311; and (2) by inserting after section 309 the following: ``SEC. 310. PRODUCTION OF BIOBASED ENERGY PRODUCTS. ``(a) Definitions.--In this section: ``(1) Biobased energy product.--The term `biobased energy product' means biodiesel or ethanol fuel. ``(2) Biodiesel.--The term `biodiesel' means a monoalkyl ester that meets the requirements of ASTM D6751. ``(3) Eligible commodity.--The term `eligible commodity' means wheat, corn, grain sorghum, barley, oats, rice, soybeans, sunflower seed, rapeseed, canola, safflower, flaxseed, mustard, crambe, sesame seed, cottonseed, and cellulosic commodities (such as hybrid poplars and switch grass). ``(4) Eligible producer.--The term `eligible producer' means a producer that-- ``(A) uses an eligible commodity to produce a biobased energy product; and ``(B) enters into a contract with the Secretary under subsection (b)(2). ``(5) New producer.--The term `new producer' means an eligible producer that has not used an eligible commodity to produce a biobased energy product during the preceding fiscal year. ``(b) Biobased Energy Incentive Program.-- ``(1) Establishment.--The Secretary shall establish a biobased energy incentive program under which the Secretary shall make payments to eligible producers to promote the use of eligible commodities to produce biobased energy products. ``(2) Contracts.-- ``(A) In general.--To be eligible to receive a payment, an eligible producer shall enter into a contract with the Secretary under which the producer shall agree to increase the use of eligible commodities to produce biobased energy products during 1 or more fiscal years. ``(B) Quarterly payments.--Under a contract-- ``(i) the eligible producer shall agree to increase the use of eligible commodities to produce biobased energy products during each fiscal year covered by the contract; and ``(ii) the Secretary shall make payments to the eligible producer for each quarter of the fiscal year. ``(3) Amount.--Subject to paragraphs (6) through (8), the amount of a payment made to an eligible producer for a fiscal year under this subsection shall be determined by multiplying-- ``(A) the payment quantity for the fiscal year determined under paragraph (4); by ``(B) the payment rate determined under paragraph (5). ``(4) Payment quantity.-- ``(A) In general.--Subject to subparagraph (B), the payment quantity for payments made to an eligible producer for a fiscal year under this subsection shall equal the difference between-- ``(i) the quantity of eligible commodities that the eligible producer agrees to use, under the contract entered into with the Secretary, to produce biobased energy products during the fiscal year; and ``(ii) the quantity of eligible commodities that the eligible producer used to produce biobased energy products during the preceding fiscal year. ``(B) New producers.--The payment quantity for payments made to a new producer for the first fiscal year of a contract under this subsection shall equal 25 percent of the quantity of eligible commodities that the eligible producer uses to produce biobased energy products during the fiscal year. ``(5) Payment rate.-- ``(A) In general.--Subject to subparagraph (B), the payment rate for payments made to an eligible producer under this subsection for the use of an eligible commodity shall be determined by the Secretary to compensate the eligible producer for the local value of-- ``(i) in the case of corn, 1 bushel of corn for each 3 bushels of additional corn that is used to produce a biobased energy product; and ``(ii) in the case of each other eligible commodity, an equivalent quantity determined by the Secretary. ``(B) Small-scale producers.--The payment rate for payments made to an eligible producer that has an annual capacity of less than 60,000,000 gallons of biobased energy products shall be at least 25 percent higher than the payment rate for other eligible producers, as determined by the Secretary. ``(6) Proration.--If the amount made available for a fiscal year under subsection (d)(2)(A) is insufficient to allow the payment of the amount of the payments that eligible producers (that apply for the payments) otherwise would have a right to receive under this subsection, the Secretary shall prorate the amount of the funds among all such eligible producers. ``(7) Overpayments.--If the total amount of payments that an eligible producer receives for a fiscal year under this section exceeds the amount the eligible producer should have received under this subsection, the producer shall repay the amount of the overpayment to the Secretary, plus interest (as determined by the Secretary). ``(8) Limitation.--No eligible producer shall receive more than 7 percent of the total amount made available for a fiscal year under subsection (d)(2)(A). ``(9) Recordkeeping and monitoring.--To be eligible to receive a payment under this subsection, an eligible producer shall-- ``(A) maintain for at least 3 years records relating to the production of biobased energy products; and ``(B) make the records available to the Secretary to verify eligibility for the payments. ``(10) Other requirements.--To be eligible to receive a payment under this subsection, an eligible producer shall meet other requirements of Federal law (including regulations) applicable to the production of biodiesel or ethanol fuel. ``(c) Availability of Biobased Energy Products.--The Secretary shall establish a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuels. ``(d) Funding.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this section. ``(2) Fiscal year limitations.--The amount of funds of the Commodity Credit Corporation used to carry out this section shall not exceed-- ``(A) in the case of subsection (b), $150,000,000 for fiscal year 2003 and each subsequent fiscal year; and ``(B) in the case of subsection (c), $10,000,000 for fiscal year 2003 and each subsequent fiscal year.''.

Summary: Biobased Energy Incentive Act of 2002 - Amends the Biomass Research and Development Act of 2000 to direct the Secretary of Agriculture to establish: (1) a biobased energy incentive program of payments to eligible producers to promote the use of commodities to produce biobased energy products (biodiesel or ethanol fuel); and (2) a program to encourage wider availability of biobased energy products to consumers of gasoline and diesel fuel.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Mayflower Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The arrival of the Pilgrims at Plymouth, Massachusetts, in 1620 has major significance in the history of the United States. (2) The Mayflower Compact laid the foundation and moral framework for the future laws of the United States. (3) The General Society of Mayflower Decedents' mission is-- (A) to tell the story of the Pilgrim's journey on the Mayflower in 1620, bringing with them principles of civil and religious liberty to America as memorialized in the Mayflower Compact; (B) to raise public awareness and increase the public understanding of the importance of the Pilgrim's lives and legacies; and (C) to encourage a passion for history. (4) A commemorative coin will bring national and international attention to the lasting legacy of this important event. (5) The proceeds from a surcharge on the sale of such commemorative coin will assist the financing of educational, scholarship, and outreach programs; SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 100,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain at least 90 percent silver. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the arrival of the Pilgrims. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of-- (i) the mint date ``2020''; and (ii) the year ``1620''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts and the General Society of Mayflower Descendants; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality and uncirculated quality. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period of Issuance.--The Secretary may issue coins, to the public, minted under this Act only during the 1-year period beginning on January 1, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 gold coin. (2) A surcharge of $10 per coin for the $1 silver coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the General Society of Mayflower Descendants for educational purposes. (c) Audits.--The General Society of Mayflower Descendants shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Summary: Mayflower Commemorative Coin Act This bill directs the Department of the Treasury to issue up to 50,000 $5 gold commemorative coins, and up to 100,000 $1 silver commemorative coins, whose design is emblematic of the arrival of the Pilgrims at Plymouth, Massachusetts. These coins shall be issued only during the one-year period beginning on January 1, 2020. The Department must pay all surcharges received from sales of the coins to the General Society of Mayflower Descendants for educational purposes.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Non-Proliferation Policy Act of 1993''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The United States has been a leader in seeking to contain the spread of nuclear weapons technology and materials. (2) With the end of the Cold War and the breakup of the Soviet Union, the proliferation of nuclear weapons, especially to countries in unstable regions, is now the leading military threat to the national security of the United States and its allies. (3) The United Nations Security Council declared on January 31, 1992, that ``proliferation of all weapons of mass destruction constitutes a threat to international peace and security'' and committed to taking appropriate action to prevent proliferation from occurring. The establishment of the United Nations Special Commission on Iraq was an important precedent to that end. (4) Aside from the 5 declared nuclear weapon states, a number of other nations have or are pursuing nuclear weapons capabilities. (5) Regional nuclear arms races pose perhaps the most likely prospect for the future use of nuclear weapons. (6) The break-up of the Soviet Union has increased the threat of nuclear proliferation. (7) In May 1992, Ukraine, Belarus, and Kazakhstan signed the protocols to START I and committed to acceding to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states ``in the shortest possible time''. (8) Iraq had a substantial, clandestine nuclear weapons program which went undetected by the International Atomic Energy Agency (IAEA) inspection process and was greatly assisted by dual-use exports from western countries, including the United States. (9) North Korea's statement of intent to withdraw from the Nuclear Non-Proliferation Treaty, and its refusal to allow IAEA inspections of all of its known and suspected nuclear facilities, are unprecedented actions which could greatly undermine efforts to stop nuclear proliferation. (10) Brazil and Argentina had substantial programs to build nuclear weapons and South Africa has admitted developing and building 6 nuclear weapons, but in response to reduced regional tensions and other factors, all 3 countries have renounced nuclear weapons and accepted IAEA safeguards for all of their nuclear facilities, and South Africa has acceded to the Non- Proliferation Treaty as a non-nuclear weapon state. (11) United States security interests and current policy and practices are consistent with the terms of the South Pacific Nuclear Free Zone Treaty which, like nuclear weapons free zones in Latin America, South Asia, and the Middle East that the United States supports, can contribute to efforts to avoid regional conflicts and prevent arms races. (12) The IAEA is a valuable tool to counter proliferation, but the effectiveness of its system to safeguard nuclear materials may be adversely affected by institutional and financial constraints. (13) The Nuclear Non-Proliferation Treaty, which codifies world consensus against further nuclear proliferation and is scheduled for review and extension in 1995, should be expanded in membership and extended indefinitely, and additional steps should be taken to strengthen the international nuclear nonproliferation regime. (14) The Nuclear Nonproliferation Act of 1978 declared that the United States is committed to continued strong support for the Nuclear Non-Proliferation Treaty and to a strengthened and more effective IAEA, and established that it is United States policy to establish more effective controls over the transfer of nuclear equipment, materials, and technology. (15) The goal of the United States is to end the further spread of nuclear weapons capability, roll back nuclear proliferation where it has occurred, and prevent the use of nuclear weapons anywhere in the world. To that end the United States should adopt a comprehensive nuclear nonproliferation policy. SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY. In order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be the policy of the United States to pursue the following objectives: (1) Encourage Ukraine to join Kazakhstan and Belarus in ratifying the START I treaty and encourage Ukraine and Kazakhstan to join Belarus in voting to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states in the shortest possible time. (2) Encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept IAEA safeguards over all of their nuclear facilities, and implement effective controls on nuclear and nuclear-related dual-use exports. (3) Reach an agreement with the Russian Federation-- (A) to deactivate and retire from field deployment on an accelerated schedule all weapons to be withdrawn under the START I treaty and the START II treaty; (B) on data exchanges and inspection arrangements to verify the elimination of all nuclear weapons scheduled to be withdrawn under the START I treaty and the START II treaty; and (C) to place all fissile material from such weapons under bilateral or international controls, or both. (4) Prepare for the ratification of the START II treaty by seeking the exchange of information between the United States and the Russian Federation on nuclear weapons stockpiles and fissile material facilities and inventories as required by the United States Senate as a condition to its approval of the START I Treaty. (5) Conclude a multilateral comprehensive nuclear test ban treaty by early 1995, before the conference to renew and extend the Nuclear Non-Proliferation Treaty is held. (6) Ratify the START II treaty in the United States and encourage ratification of that treaty by the Russian Federation, and reach agreement with the Russian Federation to end the production of new types of nuclear warheads. (7) Conclude a multilateral agreement to reduce the strategic nuclear arsenals of the United States and the Russian Federation to within a range of 1,000 to 2,000 each, with lower levels for the United Kingdom, France, and the People's Republic of China. (8) Conclude additional multilateral agreements to significantly and continuously reduce the nuclear arsenals of all countries through a stage-by-stage process. (9) Reach immediate agreement with the Russian Federation to halt permanently the production of fissile material for weapons purposes, and achieve worldwide agreements to-- (A) end by 1995 the production of fissile material for any purpose; (B) place existing stockpiles of such materials under bilateral or international controls; and (C) require all countries to place all of their nuclear facilities dedicated to peaceful purposes under IAEA safeguards. (10) Strengthen IAEA safeguards to more effectively verify that countries are complying with their nonproliferation commitments and provide the IAEA with the political, technical, and financial support necessary to implement the necessary safeguard reforms. (11) Strengthen nuclear export controls in the United States and other nuclear supplier nations, impose sanctions on individuals, companies, and countries which contribute to nuclear proliferation, and provide increased public information on nuclear export licenses approved in the United States. (12) Reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions and to strengthen regional security agreements, and encourage the United Nations Security Council to increase its role in enforcing international nuclear nonproliferation agreements. (13) Support the indefinite extension of the Nuclear Non- Proliferation Treaty at the 1995 conference to review and extend that treaty and seek to ensure that all countries sign the treaty or participate in a comparable international regime for monitoring and safeguarding nuclear facilities and materials. (14) Adopt a United States policy of ``no first use'' of nuclear weapons, reach agreement with the other nuclear weapon states to adopt such a policy and to assist immediately any country which is a party to the Nuclear Non-Proliferation Treaty should the use of nuclear weapons be initiated against such country. (15) Conclude a verifiable bilateral agreement with the Russian Federation under which both countries withdraw from their arsenals and dismantle all tactical nuclear weapons, and seek to extend to all nuclear weapon states this zero option for tactical nuclear weapons. (16) Sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty. SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY. (a) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, and not later than February 1 of each year thereafter, the President shall submit to the Congress a report on-- (1) the actions the United States has taken and the actions the United States plans to take during the succeeding 12-month period to implement each of the policy objectives set forth in this Act; (2) actions which have been taken by the Russian Federation, by the other former Soviet republics, and by other countries and institutions to achieve those policy objectives; and (3) obstacles that have been encountered in seeking to implement those policy objectives. Each such report shall be submitted in unclassified form, with a classified appendix if necessary. (b) Report on Nuclear Stockpile Information.--The President shall submit a report to the Congress on the specific actions that have been taken and those that are planned to comply with Condition 8 concerning the ``Nuclear Stockpile Weapons Arrangement'' of the Senate resolution of ratification of the START I treaty (Treaty Doc. 102-20 and 102-32). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``fissile materials'' means highly enriched uranium and plutonium; (2) the term ``highly enriched uranium'' means uranium enriched to 20 percent or more in the isotope U-235; (3) the term ``IAEA'' means the International Atomic Energy Agency; (4) the term ``IAEA safeguards'' means the safeguards set forth in an agreement between a country and the IAEA, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency; (5) a policy of ``no first use'' of nuclear weapons means a commitment not to initiate the use of nuclear weapons; (6) the term ``non-nuclear weapon state'' means any country that is not a nuclear weapon state; (7) the term ``Nuclear Non-Proliferation Treaty'' means the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; (8) the term ``nuclear weapon state'' means any country that is a nuclear-weapon state, as defined by Article IX(3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968; (9) the term ``START I treaty'' means the Treaty on the Reduction of Strategic Offensive Arms, signed by the United States and the Union of Soviet Socialist Republics on July 31, 1991; and (10) the term ``START II treaty'' means the Treaty on Further Reductions and Limitations of Strategic Offensive Arms, signed by the United States and the Russian Federation on January 3, 1993.

Summary: Nuclear Non-Proliferation Policy Act of 1993 - Declares that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be U.S. policy to pursue the following objectives: (1) encourage the Ukraine to ratify the START I treaty and Ukraine and Kazakhstan to vote to accede to the Nuclear Non-Proliferation Treaty as non-nuclear weapon states; (2) encourage Belarus, Ukraine, and Kazakhstan to remove all nuclear weapons from their territory, accept International Atomic Energy Agency (IAEA) safeguards over nuclear facilities, and implement effective controls on nuclear exports; (3) reach an agreement with the Russian Federation to deactivate weapons to be withdrawn under START I and II, place all fissile material from weapons under bilateral or international controls, and arrange for inspections and data exchanges; (4) prepare for the ratification of START II by seeking the exchange of information; (5) conclude a multilateral comprehensive nuclear test ban treaty by early 1995; (6) ratify START II in the United States and encourage the Russian Federation to do the same; (7) conclude multilateral agreements to reduce nuclear arsenals; (8) reach agreement with the Russian Federation to halt the production of fissile material for weapons purposes and other worldwide agreements respecting such materials and the placement of all nuclear facilities under IAEA safeguards; (9) strengthen IAEA safeguards and nuclear export controls; (10) reduce incentives for countries to pursue the acquisition of nuclear weapons by seeking to reduce regional tensions; (11) support the extension of the Nuclear Non-Proliferation Treaty at the 1995 conference; (12) adopt a U.S. policy of "no first use" of nuclear weapons, reach agreement with other nuclear weapon states to adopt such a policy, and assist any country which is a party to the Nuclear Non-Proliferation Treaty should weapons be initiated against such country; (13) conclude an agreement with the Russian Federation to dismantle all tactical nuclear weapons; and (14) sign the appropriate protocols to the South Pacific Nuclear Free Zone Treaty.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Stem Cell Research Enhancement Act of 2008''. SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498C the following: ``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH. ``(a) In General.--Notwithstanding any other provision of law (including any regulation or guidance), the Secretary shall conduct and support research that utilizes human embryonic stem cells (regardless of the date on which the stem cells were derived from a human embryo). ``(b) Ethical Requirements.--Human embryonic stem cells shall be eligible for use in any research conducted or supported by the Secretary if the cells meet each of the following: ``(1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. ``(2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded. ``(3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation.''. SEC. 3. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is further amended by inserting after section 498D, as inserted by this Act, the following: ``SEC. 498E. GUIDELINES ON RESEARCH INVOLVING HUMAN STEM CELLS. ``(a) In General.--Not later than 90 days after the date of the enactment of this section, the Director of NIH-- ``(1) shall issue guidelines on research involving human embryonic stem cells; and ``(2) may issue guidelines on research involving other human stem cells, as determined to be scientifically warranted by the Director of NIH. ``(b) Updates.-- ``(1) In general.--Subject to paragraph (2), the Director of NIH shall review and, as appropriate, update the guidelines issued under paragraphs (1) and (2) of subsection (a) when the Director determines that such updates are scientifically warranted. The Director of NIH may determine the extent to which such an update applies to ongoing National Institutes of Health conducted- or supported-research. ``(2) Frequency of updates.--The first update required under paragraph (1), with respect to guidelines issued under paragraph (1) or (2) of subsection (a), shall be made not later than the last day of the three-year period beginning on the date such respective guidelines are issued and each subsequent update to such respective guidelines shall be made not later than the last day of each subsequent three-year period. ``(c) Consideration of Other Guidelines.--In developing and updating the guidelines under this section, the Director of NIH shall, as appropriate, take into consideration guidelines on human stem cell research developed by nationally- and internationally-recognized scientific organizations. ``(d) Application of Guidelines to Research.-- ``(1) In general.--Subject to paragraph (2), research that is first conducted or supported by the National Institutes of Health on or after the effective date of the applicable guidelines under subsection (a) shall comply with such guidelines. ``(2) Exception for cells derived before the effective date of the guidelines.--The Director of NIH shall determine the extent to which the guidelines under this section shall apply to research described in paragraph (1) that uses human stem cells derived before the effective date of such guidelines. ``(e) Public Disclosure.--The Director of NIH shall publish the guidelines issued and updated under this section on the public website of the National Institutes of Health.''. SEC. 4. REPORTING REQUIREMENTS. Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended-- (1) by redesignating subparagraph (L) as (M); and (2) by inserting the following: ``(L) Human stem cells.''. SEC. 5. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) in developing, updating, and implementing the guidelines under section 498E of the Public Health Service Act, as added by section 3, the Director of the National Institutes of Health should consult with the Commissioner of Food and Drugs; (2) any research using human stem cells, irrespective of whether such research is federally funded, should comply with the guidelines under section 498E; and (3) the Commissioner of Food and Drugs should keep the Director of the National Institutes of Health informed of the types of human stem cell and related research that would facilitate the evaluation of the safety or effectiveness of drugs, devices, and biological products.

Summary: Stem Cell Research Enhancement Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment; (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded; and (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements. Requires the Director of the National Institutes of Health (NIH) to issue guidelines on research involving human embryonic stem cells. Authorizes the Director to issue guidelines on research involving other human stem cells, as scientifically warranted. Provides for updates of guidelines under this Act. Directs the Secretary to take into consideration guidelines on human stem cell research developed by nationally- and internationally- recognized scientific organizations. Requires NIH research to comply with guidelines under this Act. Requires the Director to: (1) determine the extent to which the guidelines under this Act apply to research on human embryonic stem cells derived before the effective date of such guidelines; and (2) include in its biennial report to Congress a summary of research activities on human stem cells.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Price and Economic Stability Act of 2001''. SEC. 2. FINDINGS. The Congress finds that: (1) Reliable and affordable energy is necessary to ensure economic health and public safety. (2) The western states have historically worked well together to ensure that energy is sufficient to meet demand at a reasonable cost. (3) Despite the best efforts of the western states, an emergency energy situation now exists. (4) The Federal government should augment the states' response to the emergency by protecting consumers from excessive wholesale rates. (5) Several factors have led to the existing emergency, including the following: a flawed deregulation plan in the State of California, the existence of market power among generators in the western region, increased natural gas costs, drought in the Northwest, rapid increases in the populations of western states, poor regional and national forecasting of energy needs, decreased operating reserves due to a lack of investment in new generation. (6) Federal and State efforts to protect the environment have not significantly contributed to these problems. (7) The region's energy needs can be met while protecting the environment and public health. (8) On November 1, 2000, and again on December 15, 2000, the Federal Energy Regulatory Commission found that wholesale electricity rates in the State of California were and have the potential to be unjust and unreasonable under the Federal Power Act. (9) The Federal Energy Regulatory Commission issued orders on March 9, 2001, March 14, 2001, and March 16, 2001 alleging that generators had overcharged California utilities more than $130 million. (10) The Federal Energy Regulatory Commission orders only reflect a fraction of total overcharges and do not reflect the full period during which overcharges may have occurred. (11) The California Independent System Operator reports that generators may have overcharged California utilities by more than $6 billion in the period between May 2000 and February 2001. (12) The market conditions that have existed in California, Washington, and Oregon for months now exist in neighboring states, where electricity costs are also rising. (13) Unless the Federal Energy Regulatory Commission intervenes in the western wholesale electricity market, nothing will constrain the wholesale price of electricity and the situation this coming summer may worsen by orders of magnitude. (14) On March 9, 2001, the Governors of California, Oregon, and Washington wrote to the Chairman and Commissioners of the Federal Energy Regulatory Commission to request that cost-of- service based rates be imposed in the western region. (15) The Federal Energy Regulatory Commission has failed to fulfill its obligations under the Federal Power Act to act in the best interest of consumers by mandating just and reasonable wholesale rates in the western energy market. SEC. 3. WHOLESALE ELECTRICITY RATES IN THE WESTERN UNITED STATES. (a) Definitions.--For purposes of this Act: (1) The term ``Commission'' means the Federal Energy Regulatory Commission. (2) The term ``cost-of-service-based rate'' means a rate, charge, or classification for the sale of electric energy that is equal to the sum of the following: (A) All variable and fixed costs of generating such electric energy. (B) Either-- (i) a reasonable risk premium, or (ii) a return on invested capital used to generate and transmit such electric energy that reflects customary returns during the period 1994 through 1999. (C) Other reasonable costs associated with the acquisition, conservation, and transmission of such electric energy. (3) The term ``new generation facility'' means any facility generating electric energy that did not generate electric energy at any time prior to January 1, 2001. (b) Exercise of Authority To Establish Cost-Based Rates.--Within 30 days after the enactment of this Act, the Commission shall issue an order establishing cost-of-service-based rates for electric energy sold at wholesale subject to the jurisdiction of the Commission under the Federal Power Act for use in that portion of the United States that is covered by the Western Systems Coordinating Council of the North American Electric Reliability Council. (c) Sunset.--Subsection (b) shall not apply to sales of electric energy after March 1, 2003. (d) New Facilities Not Covered.--The rates required under subsection (b) shall not apply to any sale of electric energy generated by any new generation facility. (e) Enforcement.-- (1) State cause of action.--If a State determines that a wholesale rate applicable to delivery of electricity within the State is not in compliance with subsection (b) or is not just and reasonable, the State may bring an action in the appropriate United States district court. Upon adequate showing that a rate is not in compliance with subsection (b) or is not just and reasonable, the court shall order refunds or other relief as appropriate. (2) Civil penalties.--Any person who violates any requirement of this section shall be subject to civil penalties equal to 3 times the value of the amount involved in such violation. The Commission shall assess such penalties, after notice and opportunity for public hearing, in accordance with the same provisions as are applicable under section 31(d) of the Federal Power Act in the case of civil penalties assessed under such section 31. (f) Refunds.--In the case of sales of electric energy for use in that portion of the United States that is covered by the Western Systems Coordinating Council of the North American Electric Reliability Council the Commission shall order the refund of any rates and charges that were not just and reasonable and that applied to sales between June 1, 2000 and the enactment of this Act. Any affected State may bring an action in the appropriate United States district court to enforce this subsection. (g) Savings Provisions.--Nothing in this section shall affect any authority of the Commission existing before the enactment of this section. SEC. 4. GUARANTEE OF PAYMENT REQUIRED FOR CERTAIN EMERGENCY POWER SALES. Section 202(c) of the Federal Power Act (16 U.S.C. 825(c)) is amended by adding the following at the end thereof: ``Except during the continuance of any war, no order may be issued under this subsection unless the payment of compensation or reimbursement to the person subject to such order is fully guaranteed by the United States Government or by a State government.''. SEC. 5. SEVERABILITY. If any provision of this Act is found to be unenforceable or invalid, no other provision of this Act shall be invalidated thereby.

Summary: Energy Price and Economic Stability Act of 2001 - Instructs the Federal Energy Regulatory Commission to establish cost-of-service-based rates for electric energy (unless generated by a new generation facility) that is sold at wholesale, through April 30, 2003, for use in the area covered by the Western Systems Coordinating Council of the North American Electric Reliability Council.Provides for State enforcement of this Act.Instructs FERC to order refunds of rates and charges in the area covered by the Coordinating Council if electric energy sales were not just and reasonable.Amends the Federal Power Act to prohibit any FERC order for emergency connection or exchange of facilities unless the person subject to such order has been guaranteed full payment or reimbursement by either the Federal or State government.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Work Force Enhancement for Technology Transfer Act''. SEC. 2. FINDING AND PURPOSE. (a) Findings.--Congress finds and declares the following: (1) Skilled American workers are as essential to the Nation's productivity and long-term competitiveness as are new technologies. As technologies become more sophisticated and computer controlled, managers and other workers in manufacturing firms who are skilled in the effective utilization and operation of those advanced and modern technologies will become increasingly important to the Nation's international competitiveness, standard of living, and national security. (2) When United States manufacturing firms invest in advanced and modern technologies, they can increase their productivity and competitiveness by simultaneously investing in targeted worker training for the effective utilization and operation of those specific technologies. (3) United States manufacturing firms, particularly smaller firms, are increasingly turning to the expanding technology extension activities of the Department of Commerce's National Institute of Standards and Technology for technical and managerial assistance in order to identify and install the best and most appropriate advanced and modern technologies. (4) With its extensive knowledge of the best available technologies, the National Institute of Standards and Technology, with its associated Regional Centers for the Transfer of Manufacturing Technology and, when established, its Manufacturing Outreach Centers, can provide training in the effective utilization and operation of these technologies, can promote the development of effective training materials for these technologies, and can serve as a clearinghouse for information on the best available training materials. (b) Purpose.--It is the purpose of this Act to enhance the international competitiveness, standard of living, and national security of the United States by expanding the current technology extension activities of the Department of Commerce's National Institute of Standards and Technology (hereafter in this Act referred to as the ``Institute'') to include worker training in the effective utilization and operation of specific advanced and modern technologies. SEC. 3. WORKER TRAINING ACTIVITIES. In addition to existing responsibilities and authorities prescribed by law, the Secretary of Commerce (hereafter in this Act referred to as the ``Secretary''), through the Director of the Institute (hereafter in this Act referred to as the ``Director''), shall direct Regional Centers for the Transfer of Manufacturing Technology and, when established, Manufacturing Outreach Centers, to utilize, when appropriate, their expertise and capability to assist managers and other workers in United States manufacturing firms in effectively utilizing and operating advanced and modern technologies-- (1) by making available assessments of the needs of United States manufacturing firms for worker training in the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt; (2) by making available to United States manufacturing firms information on commercially and publicly provided worker training services, including those provided by United States sources of technologies, in the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt; and (3) by making available to United States manufacturing firms accessible and affordable training services for the effective utilization and operation of specific technologies the firms have adopted or are planning to adopt when such training is not available from commercially or other publicly provided training services. SEC. 4. WORKER TRAINING ANALYSIS AND INFORMATION DISSEMINATION. In addition to existing responsibilities and authorities prescribed by law, the Secretary, through the Director and in consultation with appropriate Federal officials and with leaders of industry and labor, shall assist managers and other workers in United States manufacturing firms in effectively utilizing and operating advanced and modern technologies-- (1) by establishing and managing a clearinghouse for information, to be available through the National Technology Transfer Center to the Regional Centers for the Transfer of Manufacturing Technology, to the Manufacturing Outreach Centers when they are established, to other technology training entities, or directly to United States manufacturing firms, on the best available training material and services for the effective utilization and operation of specific advanced and modern technologies; (2) by encouraging United States providers of advanced and modern technologies for manufacturing firms to develop training material specifically designed for the managers and other workers responsible for utilizing and operating such technologies; and (3) by establishing as an important criterion in the assessment of advanced and modern technologies the availability of training material specifically designed for the managers and other workers responsible for utilizing and operating such technologies. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary for the establishment and management of a technology training clearinghouse $2,000,000 for fiscal year 1994 and $3,000,000 for each of fiscal years 1995 and 1996.

Summary: Work Force Enhancement for Technology Transfer Act - Requires the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, to direct Regional Centers for the Transfer of Manufacturing Technology and, when established, Manufacturing Outreach Centers, to assist managers and other workers in U.S. manufacturing firms in using advanced and modern technologies, through needs assessments, information, and training services. Requires the Secretary, through the Director, to assist such managers and other workers in such use by: (1) establishing an information clearinghouse on the best available training material and services; (2) encouraging U.S. providers of such technologies for manufacturing firms to develop training material specifically designed for the managers and other workers responsible; and (3) establishing the availability of such specifically designed training material as an important criterion in assessing such technologies. Authorizes appropriations for a technology training clearinghouse.


SECTION 1. SHORT TITLE. This Act may be cited as ``Cape Town Treaty Implementation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Cape Town Treaty (as defined in section 44113 of title 49, United States Code) extends modern commercial laws for the sale, finance, and lease of aircraft and aircraft engines to the international arena in a manner consistent with United States law and practice. (2) The Cape Town Treaty provides for internationally established and recognized financing and leasing rights that will provide greater security and commercial predictability in connection with the financing and leasing of highly mobile assets, such as aircraft and aircraft engines. (3) The legal and financing framework of the Cape Town Treaty will provide substantial economic benefits to the aviation and aerospace sectors, including the promotion of exports, and will facilitate the acquisition of newer, safer aircraft around the world. (4) Only technical changes to United States law and regulations are required since the asset-based financing and leasing concepts embodied in the Cape Town Treaty are already reflected in the United States in the Uniform Commercial Code. (5) The new electronic registry system established under the Cape Town Treaty will work in tandem with current aircraft document recordation systems of the Federal Aviation Administration, which have served United States industry well. (6) The United States Government was a leader in the development of the Cape Town Treaty. (b) Purpose.--Accordingly, the purpose of this Act is to provide for the implementation of the Cape Town Treaty in the United States by making certain technical amendments to the provisions of chapter 441 of title 49, United States Code, directing the Federal Aviation Administration to complete the necessary rulemaking processes as expeditiously as possible, and clarifying the applicability of the Treaty during the rulemaking process. SEC. 3. RECORDATION OF SECURITY INSTRUMENTS. (a) Establishment of System.--Section 44107(a) of title 49, United States Code, is amended-- (1) in paragraph (2)(A) by striking ``750'' and inserting ``550''; and (2) in paragraph (3) by striking ``clause (1) or (2) of this subsection'' and inserting ``paragraph (1) or (2)''. (b) International Registry.--Section 44107 of such title is amended by adding at the end the following: ``(e) International Registry.-- ``(1) Designation of united states entry point.--As permitted under the Cape Town Treaty, the Federal Aviation Administration Civil Aviation Registry is designated as the United States Entry Point to the International Registry relating to-- ``(A) civil aircraft of the United States; ``(B) an aircraft for which a United States identification number has been assigned but only with regard to a notice filed under paragraph (2); and ``(C) aircraft engines. ``(2) System for filing notice of prospective interests.-- ``(A) Establishment.--The Administrator shall establish a system for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines described in paragraph (1) under the Cape Town Treaty. ``(B) Maintenance of validity.--A filing of a notice of prospective assignment, interest, or sale under this paragraph and the registration with the International Registry relating to such assignment, interest, or sale shall not be valid after the 60th day following the date of the filing unless documents eligible for recording under subsection (a) relating to such notice are filed for recordation on or before such 60th day. ``(3) Authorization for registration of aircraft.--A registration with the International Registry relating to an aircraft described in paragraph (1) (other than subparagraph (C)) is valid only if (A) the person seeking the registration first files documents eligible for recording under subsection (a) and relating to the registration with the United States Entry Point, and (B) the United States Entry Point authorizes the registration.''. SEC. 4. REGULATIONS. (a) In General.--The Administrator of the Federal Aviation Administration shall issue regulations necessary to carry out this Act, including any amendments made by this Act. (b) Contents of Regulations.--Regulations to be issued under this Act shall specify, at a minimum, the requirements for-- (1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and (2) the cancellation of registration of a civil aircraft of the United States based on a request made in accordance with the Cape Town Treaty. (c) Expedited Rulemaking Process.-- (1) Final rule.--The Administrator shall issue regulations under this section by publishing a final rule by December 31, 2004. (2) Effective date.--The final rule shall not be effective before the date the Cape Town Treaty enters into force with respect to the United States. (3) Economic analysis.--The Administrator shall not be required to prepare an economic analysis of the cost and benefits of the final rule. (d) Applicability of Treaty.--Notwithstanding parts 47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of Federal Regulations, Articles IX(5) and XIII of the Cape Town Treaty shall apply to the matters described in subsection (b) until the earlier of the effective date of the final rule under this section or December 31, 2004. SEC. 5. LIMITATION ON VALIDITY OF CONVEYANCES, LEASES, AND SECURITY INSTRUMENTS. Section 44108(c)(2) of title 49, United States Code, is amended by striking the period at the end and inserting ``or the Cape Town Treaty, as applicable.''. SEC. 6. DEFINITIONS. (a) In General.--Chapter 441 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44113. Definitions ``In this chapter, the following definitions apply: ``(1) Cape town treaty.--The term `Cape Town Treaty' means the Convention on International Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003. ``(2) United states entry point.--The term `United States Entry Point' means the Federal Aviation Administration Civil Aviation Registry. ``(3) International registry.--The term `International Registry' means the registry established under the Cape Town Treaty.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``44113. Definitions.''. SEC. 7. EFFECTIVE DATE AND PRESERVATION OF PRIOR RIGHTS. This Act, including any amendments made by this Act, shall take effect on the date the Cape Town Treaty (as defined in section 44113 of title 49, United States Code) enters into force with respect to the United States and shall not apply to any registration or recordation that was made before such effective date under chapter 441 of such title or any legal rights relating to such registration or recordation. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: Cape Town Treaty Implementation Act of 2004 - Provides for implementation of the Convention on International Interests in Mobile Equipment, as modified by the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, signed at Rome on May 9, 2003, or Cape Town Treaty (an electronic registry system for internationally established and recognized financing and leasing rights). Amends Federal aviation law to revise requirements for the Federal Aviation Administration (FAA) system for recording conveyances that affect an interest in U.S. civil aircraft. Reduces from 750 to 550 the rated take-off horsepower (or equivalent) of any specifically identified aircraft engine with respect to which leases and security instruments are to be recorded in such system. Designates the FAA Civil Aviation Registry as the United States Entry Point to the International Registry (established by the Cape Town Treaty) with respect to: (1) U.S. aircraft; (2) aircraft engines; and (3) any aircraft for which a U.S. identification number has been assigned, but only with regard to a notice filed under a system established by the Administrator for filing notices of prospective assignments and prospective international interests in, and prospective sales of, aircraft or aircraft engines under the Cape Town Treaty. Directs the FAA Administrator to establish such a system. Requires related documents to be filed for recordation within 60 days after such a notice is filed, or the notice, and any related registration with the International Registry, shall not be valid. Makes any registration with the International Registry relating to an aircraft (other than aircraft engines) valid only if the person seeking the registration first files documents meeting the recordation requirements, and the U.S. Entry Point authorizes the registration. Directs the Administrator to issue regulations which specify, at a minimum, the requirements for: (1) the registration of aircraft previously registered in a country in which the Cape Town Treaty is in effect; and (2) the cancellation of registration of a U.S. civil aircraft based on a request made in accordance with the Cape Town Treaty.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Protections for the Injured from Limitations on Liability Act''. SEC. 2. IMPROVEMENTS TO RECOVERY UNDER DEATH ON THE HIGH SEAS ACT. The Death on the High Seas Act (chapter 303 of title 46, United States Code), is amended-- (1) in section 30302-- (A) by inserting ``or law'' after ``admiralty''; and (B) by inserting before ``spouse'' the following: ``survivors, including''; (2) in section 30303-- (A) by inserting ``and nonpecuniary loss'' after ``pecuniary loss''; (B) by striking ``by'' and all that follows through the end, and inserting ``, plus a fair compensation for the decedent's pain and suffering.''; and (C) by adding at the end the following: ``In this section, the term `nonpecuniary loss' means loss of care, comfort, and companionship.''; (3) in section 30305 by inserting ``or law'' after ``admiralty''; (4) in section 30306, by inserting ``or law'' after ``admiralty''; (5) by striking section 30307; and (6) in the table of sections at the beginning of such chapter, by striking the item relating to sections 30307. SEC. 3. IMPROVEMENTS TO RECOVERY UNDER JONES ACT. Title 46, United States Code, is amended-- (1) in section 30104, by adding at the end the following: ``In addition to other amounts authorized under such laws, the recovery for a seaman who so dies shall include recovery for loss of care, comfort, and companionship.''; and (2) by striking section 30105 and the item relating to that section in the table of sections at the beginning of chapter 301. SEC. 4. REPEAL OF LIMITATION OF LIABILITY ACT. (a) Repeal.--Chapter 305 of title 46, United States Code, is amended by repealing sections 30505, 30506, 30507, 30511, and 30512 and the items relating to those sections in the table of sections at the beginning of chapter 305. (b) Conforming Amendments.-- (1) Oil pollution act of 1990.--Section 1018 of the Oil Pollution Act of 1990 (33 U.S.C. 2718) is amended-- (A) in subsection (a), by striking ``or the Act of March 3, 1851''; and (B) in subsection (c), by striking ``, the Act of March 3, 1851 (46 U.S.C. 183 et seq.),''. (2) Title 46.--Section 14305(a) of title 46, United States Code, is amended by striking paragraph (5) and redesignating the subsequent paragraphs as paragraphs (5) through (14), respectively. SEC. 5. BANKRUPTCY PROTECTION FOR TORT CLAIMS ARISING FROM OIL INCIDENTS. (a) Conditions on Sale or Lease of Significant Property of the Estate.-- (1) In general.--Section 363 of title 11, United States Code, is amended by adding at the end the following: ``(q) Notwithstanding any other provision of this section, if the debtor is liable under any law for a claim for wrongful death, personal injury, or property damage arising from an incident (as defined in section 1001 of the Oil Pollution Act of 1990, and that gives rise to liability under such Act), the trustee may not sell or lease, other than in the ordinary course of business, significant property of the estate (or, to the extent that the court has jurisdiction over any affiliate of the debtor, significant property of such affiliate) unless-- ``(1) creditors holding at least two-thirds in amount, and more than one-half in number, of all such claims not paid by the debtor consent to such sale or lease; or ``(2) the court finds, after notice and a hearing, that-- ``(A) sufficient property will remain in the estate; or ``(B) the debtor's anticipated future income will be sufficient; that all such claims will be paid in full.''. (2) Under plan of reorganization.--Section 1129(b)(2)(B)(ii) of title 11, United States Code, is amended-- (A) by inserting ``(other than the holder of a claim described in subclause (II))'' after ``claim'' the 1st place it appears; (B) by inserting ``(I)'' after ``(ii)''; (C) by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(II) if the plan provides for claims of the kind described in section 363(q) and provides for a sale or lease of significant property of the estate, creditors holding at least two-thirds in amount, and more than one-half in number, of such claims consent to such sale or lease.''. (b) Conforming Amendment.--Section 303(f) of title 11, United States Code, is amended by adding at the end the following: ``If the debtor is liable under any law for a claim for wrongful death, personal injury, or property damage arising from an incident (as defined in section 1001 of the Oil Pollution Act of 1990, and that gives rise to liability under such Act), the debtor may not sell or lease, other than in the ordinary course of business, significant property of the estate (or, to the extent that the court has or can obtain jurisdiction over any affiliate of the debtor, significant property of such affiliate) unless-- ``(1) creditors holding at least two-thirds in amount, and more than one-half in number, of all such claims not paid by the debtor consent to such sale or lease; or ``(2) the court finds, after notice and a hearing, that-- ``(A) sufficient property will remain in the estate; or ``(B) the debtor's anticipated future income will be sufficient; that all such claims will be paid in full.''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to claims arising on or after April 20, 2010, that are pending on or after such date of enactment. Passed the House of Representatives July 1, 2010. Attest: LORRAINE C. MILLER, Clerk.

Summary: Securing Protections for the Injured from Limitations on Liability Act - (Sec. 2) Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States. Limits the right to bring such an action to the decedent's survivors only (including, as under current law, spouse, parent, child, or dependent relative). Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines "nonpecuniary loss" as loss of care, comfort, and companionship. (Sec. 3) Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment. Removes restrictions on the bringing of actions under U.S. maritime law by workers who are not U.S. citizens or permanent residents against a mineral or energy company for personal injury or death occurring in the territorial waters or continental shelf of a foreign country. (Sec. 4) Repeals specified general limitations on a shipowner's liability (the Limitation of Liability Act) for personal injury or death on seagoing vessels. (Sec. 5) Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing, except in the ordinary course of business, significant property of the estate of a debtor liable for a claim for wrongful death, personal injury, or property damage arising from an incident under the Oil Pollution Act of 1990 unless: (1) more than one-half of the creditors, holding at least two-thirds the dollar aggregate amount of the claims not paid by the debtor, consent to such sale or lease; or (2) the court finds, after notice and a hearing, that all such claims will be paid because sufficient property will remain in the estate or the debtor's anticipated future income will be sufficient.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Unemployment Assistance Act of 2009''. SEC. 2. EXCLUSION FROM GROSS INCOME OF UNEMPLOYMENT DISTRIBUTIONS FROM TAX-FAVORED ACCOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code is amended by inserting after section 139B the following new section: ``SEC. 139C. DISTRIBUTIONS FROM TAX-FAVORED ACCOUNT DURING PERIODS OF UNEMPLOYMENT. ``(a) In General.--Gross income shall not include any qualified unemployment distribution from a tax-favored account. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified unemployment distribution.-- ``(A) In general.--The term `qualified unemployment distribution' means, with respect to an individual, any distribution from a tax-favored account of such individual to the extent such distribution-- ``(i) is made during a period of unemployment which does not exceed 2 years, and ``(ii) is used during such period by the individual to pay qualified living expenses, qualified health care expenses, or qualified education or job training expenses. ``(B) Qualified living expenses.--The term `qualified living expenses' means any of the following expenses of the taxpayer: rent, acquisition indebtedness (as defined in section 164(h)(3)(B)), groceries, repairs with respect to a vehicle or principal residence (within the meaning of section 121) of the taxpayer, and any other such necessary and common expenses of the individuals. Such term shall not include any prepayment of rent or acquisition indebtedness. ``(C) Qualified health care expenses.--The term `qualified health care expenses' means amounts paid by such individual for medical care (as defined in section 213(d) for such individual, the spouse of such individual, and any dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise. ``(D) Qualified education or job training expenses.--The term `qualified education or job training expenses' means any expenses which would (but for subsection (c)) be qualified tuition and related expenses for purposes of section 25A(c) (relating to Lifetime Learning Credit). ``(2) Tax-favored account.--The term `tax-favored account' means any of the following: ``(A) An eligible retirement plan (as defined in section 402(c)(8)(B)). ``(B) A health savings account described in section 223. ``(C) A Roth IRA. ``(D) A qualified tuition program described in section 529. ``(c) Amount Distributed May Be Repaid.-- ``(1) In general.--Any individual who receives a qualified unemployment distribution may make one or more contributions in an aggregate amount not to exceed the amount of such distribution to a tax-favored account of which such individual is a beneficiary and to which a rollover contribution of such distribution could be made under section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), 223(f)(5), or 529(c)(3)(C), as the case may be. ``(2) Treatment of repayments of distributions from eligible retirement plans other than iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution from an eligible retirement plan other than an individual retirement plan, then the taxpayer shall, to the extent of the amount of the contribution, be treated as having received the qualified unemployment distribution in an eligible rollover distribution (as defined in section 402(c)(4)) and as having transferred the amount to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(3) Treatment of repayments for distributions from iras.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution from an individual retirement plan (as defined by section 7701(a)(37)), then, to the extent of the amount of the contribution, the qualified unemployment distribution shall be treated as a distribution described in section 408(d)(3) and as having been transferred to the eligible retirement plan in a direct trustee to trustee transfer within 60 days of the distribution. ``(4) Other tax-favored accounts.--For purposes of this title, if a contribution is made pursuant to subparagraph (A) with respect to a qualified unemployment distribution-- ``(A) from a health savings account described in section 223, or ``(B) from a qualified tuition program described in section 529 then, to the extent of the amount of the contribution, the qualified unemployment distribution shall be treated as a distribution described in section 529(c)(3)(C) or 223(f)(5), as the case may be, and as having been transferred to such account or program, as the case may be, within 60 days of the distribution. ``(d) Denial of Double Benefit.--Any qualified unemployment distribution with respect to any expense described in (b)(1)(A)(ii) which is excluded from gross income under this section shall not be taken into account in determining any deduction or credit under this chapter relating to such an expense.''. (b) Conforming Amendment.--Paragraph (2) of section 72(t) of such Code is amended by adding at the end the following new subparagraph: ``(H) Unemployment distributions.--Any distribution excludable from gross income under section 139C (relating to distributions from tax-favored account during periods of unemployment).''. (c) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139B the following new section: ``Sec. 139C. Distributions from tax-favored account during periods of unemployment.''. (d) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.

Summary: Unemployment Assistance Act of 2009 - Amends the Internal Revenue Code to exclude from gross income amounts distributed from tax-exempt retirement plans, health savings accounts, Roth individual retirement accounts (IRAs), and qualified tuition programs to pay for certain living, health care and education or job training expenses of a taxpayer during a period of unemployment not exceeding two years.


SECTION 1. SHORT TITLE. This Act may be cited as the ``1863 Gettysburg Campaign Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the 1863 invasion of Pennsylvania and the resulting Battle of Gettysburg proved decisive in the final outcome of the American Civil War; (2) President Abraham Lincoln's Gettysburg Address put the Civil War in perspective as a test of the success of the American Revolution; (3) the Army Heritage Center Foundation (in this Act referred to as the ``AHCF'') works with the United States Army to establish, sponsor, support, promote, and maintain the United States Army Heritage and Education Center (in this Act referred to as the ``AHEC'') at Carlisle, Pennsylvania; (4) the AHEC is the Army's premier center for the study of the role of the individual soldier in support of the Nation, and its Civil War photograph and manuscript collection is considered one of the finest in the Nation; (5) the AHEC seeks to honor the service and sacrifice of soldiers and their families, preserve the memories of their service by gathering and preserving artifact and manuscript collections, and educate the public through a world class archives, museum displays, and engaging educational programs; (6) the goal of the AHEC is to promote an appreciation of the sacrifices that generations of American soldiers and their families have made to safeguard the freedoms of the Nation; (7) the AHCF will, through donated support, fund and construct the public components of the AHEC, the Visitor and Education Center and the Army Heritage Museum, and once construction is complete, focus on providing ``margin of excellence support'' to meet the needs of educational programs and other activities at the AHEC where Federal funds are unavailable; (8) the Gettysburg Foundation is dedicated to supporting Gettysburg National Military Park, part of the National Park Service, by-- (A) operating the new Museum and Visitor Center for the park; (B) funding the preservation and rehabilitation of the park's resources; (C) preserving and displaying the Cyclorama painting; and (D) providing visitors with an understanding of the significance of the Battle of Gettysburg within the context of the causes and consequences of the American Civil War; (9) the AHCF and the Gettysburg Foundation-- (A) are nongovernmental, member-based, and publicly supported non-profit organizations that are dependent on funds from members, donations, and grants for support; and (B) use such support to help create and sustain the Gettysburg National Military Park and the Army Heritage and Education Center; (10) the Gettysburg Foundation is recognized as the official partner of Gettysburg National Military Park; and (11) the AHCF is recognized by the Secretary of the Army as the lead agency supporting the development of the AHEC. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In recognition and commemoration of the 1863 Invasion of Pennsylvania, the decisive Battle of Gettysburg, and President Lincoln's Gettysburg Address, and notwithstanding any other provision of law, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 75,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 350,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins.--Not more than 100,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the history and memory of the Battle of Gettysburg and President Lincoln's Gettysburg Address. (2) Designations and inscriptions.--On each coin minted under this Act, there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2013''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that specifically commemorate the Invasion of Pennsylvania, the Battle of Gettysburg, and President Lincoln's Gettysburg Address; (2) be selected by the Secretary, after consultation with the Secretary of the Army and the Secretary of the Interior, the AHCF and the Gettysburg Foundation, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2013. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins minted under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins minted under this Act shall be promptly paid by the Secretary in the ratio of two-thirds to the Gettysburg Foundation and one-third to the AHCF, to help finance their respective programs. (c) Audits.--The Gettysburg Foundation and the AHCF shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection.

Summary: 1863 Gettysburg Campaign Act - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the history and memory of the Battle of Gettysburg and the Gettysburg Address of President Abraham Lincoln.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``New England Wilderness Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Section 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--NEW HAMPSHIRE Sec. 101. Definition of State. Sec. 102. Designation of wilderness areas. Sec. 103. Map and description. Sec. 104. Administration. TITLE II--VERMONT Sec. 201. Definitions. Subtitle A--Designation of Wilderness Areas Sec. 211. Designation. Sec. 212. Map and description. Sec. 213. Administration. Subtitle B--Moosalamoo National Recreation Area Sec. 221. Designation. Sec. 222. Map and description. Sec. 223. Administration of National Recreation Area. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. TITLE I--NEW HAMPSHIRE SEC. 101. DEFINITION OF STATE. In this title, the term ``State'' means the State of New Hampshire. SEC. 102. DESIGNATION OF WILDERNESS AREAS. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal land in the State is designated as wilderness and as components of the National Wilderness Preservation System: (1) Certain Federal land managed by the Forest Service, comprising approximately 23,700 acres, as generally depicted on the map entitled ``Proposed Wild River Wilderness--White Mountain National Forest'', dated February 6, 2006, which shall be known as the ``Wild River Wilderness''. (2) Certain Federal land managed by the Forest Service, comprising approximately 10,800 acres, as generally depicted on the map entitled ``Proposed Sandwich Range Wilderness Additions--White Mountain National Forest'', dated February 6, 2006, and which are incorporated in the Sandwich Range Wilderness, as designated by the New Hampshire Wilderness Act of 1984 (Public Law 98-323; 98 Stat. 259). SEC. 103. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by section 102 with the committees of appropriate jurisdiction in the Senate and the House of Representatives. (b) Force and Effect.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 104. ADMINISTRATION. (a) Administration.--Subject to valid existing rights, each wilderness area designated under this title shall be administered by the Secretary in accordance with-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Effective Date of Wilderness Act.--With respect to any wilderness area designated by this title, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (c) Fish and Wildlife.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects any jurisdiction or responsibility of the State with respect to wildlife and fish in the State. (d) Withdrawal.--Subject to valid existing rights, all Federal land in the wilderness areas designated by section 102 are withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing laws (including geothermal leasing laws). TITLE II--VERMONT SEC. 201. DEFINITIONS. In this title: (1) Management plan.--The term ``Management Plan'' means the Green Mountain National Forest Land and Resource Management Plan. (2) State.--The term ``State'' means the State of Vermont. Subtitle A--Designation of Wilderness Areas SEC. 211. DESIGNATION. In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Certain Federal land managed by the United States Forest Service, comprising approximately 22,425 acres, as generally depicted on the map entitled ``Glastenbury Wilderness--Proposed'', dated September 2006, which shall be known as the ``Glastenbury Wilderness''. (2) Certain Federal land managed by the United States Forest Service, comprising approximately 12,333 acres, as generally depicted on the map entitled ``Joseph Battell Wilderness-- Proposed'', dated September 2006, which shall be known as the ``Joseph Battell Wilderness''. (3) Certain Federal land managed by the United States Forest Service, comprising approximately 3,757 acres, as generally depicted on the map entitled ``Breadloaf Wilderness Additions-- Proposed'', dated September 2006, which shall be known as the ``Breadloaf Wilderness''. (4) Certain Federal land managed by the United States Forest Service, comprising approximately 2,338 acres, as generally depicted on the map entitled ``Lye Brook Wilderness Additions-- Proposed'', dated September 2006, which shall be known as the ``Lye Brook Wilderness''. (5) Certain Federal land managed by the United States Forest Service, comprising approximately 752 acres, as generally depicted on the map entitled ``Peru Peak Wilderness Additions--Proposed'', dated September 2006, which shall be known as the ``Peru Peak Wilderness''. (6) Certain Federal land managed by the United States Forest Service, comprising approximately 47 acres, as generally depicted on the map entitled ``Big Branch Wilderness Additions--Proposed'', dated September 2006, which shall be known as the ``Big Branch Wilderness''. SEC. 212. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by section 211 with-- (1) the Committee on Resources of the House of Representatives; (2) the Committee on Agriculture of the House of Representatives; and (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (b) Force of Law.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 213. ADMINISTRATION. (a) Administration.--Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this subtitle and in the Green Mountain National Forest (as of the date of enactment of this Act) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Fish and Wildlife.--Nothing in this subtitle affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State, including the stocking of fish in rivers and streams in the State to support the Connecticut River Atlantic Salmon Restoration Program. (c) Trails.--The Forest Service shall allow the continuance of-- (1) the Appalachian National Scenic Trail; (2) the Long Trail; (3) the Catamount Trail; and (4) the marking and maintenance of associated trails and trail structures of the Trails referred to in this subsection, consistent with the management direction (including objectives, standards, guidelines, and agreements with partners) established for the Appalachian National Scenic Trail, Long Trail, and Catamount Trail under the Management Plan. Subtitle B--Moosalamoo National Recreation Area SEC. 221. DESIGNATION. Certain Federal land managed by the United States Forest Service, comprising approximately 15,857 acres, as generally depicted on the map entitled ``Moosalamoo National Recreation Area--Proposed'', dated September 2006, is designated as the ``Moosalamoo National Recreation Area''. SEC. 222. MAP AND DESCRIPTION. (a) In General.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the national recreation area designated by section 221 with-- (1) the Committee on Resources of the House of Representatives; (2) the Committee on Agriculture of the House of Representatives; and (3) the Committee on Agriculture, Nutrition, and Forestry of the Senate. (b) Force of Law.--A map and legal description filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct clerical and typographical errors in the map and legal description. (c) Public Availability.--Each map and legal description filed under subsection (a) shall be filed and made available for public inspection in the Office of the Chief of the Forest Service. SEC. 223. ADMINISTRATION OF NATIONAL RECREATION AREA. (a) In General.--Subject to valid rights existing on the date of enactment of this Act, the Secretary shall administer the Moosalamoo National Recreation Area in accordance with-- (1) laws (including rules and regulations) applicable to units of the National Forest System; and (2) the management direction (including objectives, standards, and guidelines) established for the Moosalamoo Recreation and Education Management Area under the Management Plan. (b) Fish and Wildlife.--Nothing in this subtitle affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State. (c) Escarpment and Ecological Areas.--Nothing in this subtitle prevents the Secretary from managing the Green Mountain Escarpment Management Area and the Ecological Special Areas, as described in the Management Plan. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: New England Wilderness Act of 2006 - Title I: New Hampshire - Designates specified federal lands managed by the United States Forest Service in the White Mountain National Forest area of New Hampshire as wilderness areas and as components of the National Wilderness Preservation System (lands to be known as the Wild River Wilderness and lands to be incorporated in the Sandwich Range Wilderness). Title II: Vermont - Subtitle A: Designation of Wilderness Areas - Designates specified federal lands managed by the Forest Service in Vermont as wilderness areas and National Wilderness Preservation System components (lands to be known as the Glastenbury Wilderness, the Joseph Battell Wilderness, the Breadloaf Wilderness, the Lye Brook Wilderness, the Peru Peak Wilderness, and the Big Branch Wilderness). Requires the Forest Service to allow the continuance of the Appalachian National Scenic Trail, the Long Trail, the Catamount Trail, and the marking and maintenance of associated trails and trail structures consistent with the management direction established under the Green Mountain National Forest Land and Resource Management Plan. Subtitle B: Moosalamoo National Recreation Area - Designates specified federal lands managed by the Forest Service in Vermont as the Moosalamoo National Recreation Area. Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to administer the Area in accordance with laws applicable to National Forest System units and the management direction established for the Moosalamoo Recreation and Education Management Area under such Management Plan.


SECTION 1. EXCISE TAX ON IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 55--IMPORTED CRUDE OIL AND REFINED PETROLEUM PRODUCTS ``Sec. 5885. Imposition of tax. ``Sec. 5886. Average international price. ``Sec. 5887. Definitions and special rules. ``Sec. 5888. Registration. ``SEC. 5885. IMPOSITION OF TAX. ``(a) General Rule.--If the average international price of crude oil for any 4-week period is less than $24, then there is hereby imposed an excise tax on any petroleum product entered into the United States for use, consumption, or warehousing during the week following such 4-week period. ``(b) Amount of Tax.-- ``(1) In general.--The amount of tax imposed by subsection (a) with respect to any barrel shall be equal to the excess of-- ``(A) $24, over ``(B) the average international price of crude oil for the preceding 4-week period. ``(2) Fractional part of barrel.--In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on a whole barrel. ``(c) Time Tax Is Imposed.-- ``(1) In general.--The tax imposed by subsection (a) shall be on the first sale within the United States of the petroleum product. ``(2) Tax on certain uses.--If-- ``(A) any petroleum product entered into the United States is used within the United States, and ``(B) before such use, no tax was imposed under subsection (a), then the tax imposed by subsection (a) shall be on such use. ``(d) Liability for Payment of Tax.-- ``(1) Sales.--The tax imposed on the first sale described in subsection (c)(1) shall be paid by the seller thereof. ``(2) Use.--The tax imposed on any use described in subsection (c)(2) shall be paid by the person using the petroleum product. ``SEC. 5886. AVERAGE INTERNATIONAL PRICE. ``(a) In General.--For purposes of this subchapter, the average international price of crude oil for any 4-week period shall be the average of the weighted average price per barrel of crude oil for each week in such period, as estimated and published in the Weekly Petroleum Status Report prepared by the Secretary of Energy or his delegate. ``(b) Publication.--The Secretary shall publish for each week the average international price determined under subsection (a) for the preceding 4-week period. ``SEC. 5887. DEFINITIONS AND SPECIAL RULES. ``(a) Definitions.--For purposes of this chapter-- ``(1) Crude oil.--The term `crude oil' includes crude oil condensates and natural gasoline but does not include domestic crude oil (within the meaning of section 4612(a)(2)). ``(2) Barrel.--The term `barrel' means 42 United States gallons. ``(3) Export.--The term `export' includes shipment to a possession of the United States. ``(4) Petroleum product.--The term `petroleum product' includes-- ``(A) crude oil, and ``(B) refined oil, fuels, and chemical feedstocks which are refined or derived from crude oil. ``(b) Tax-Free Exports.-- ``(1) In general.--Under regulations prescribed by the Secretary, no tax shall be imposed under this chapter on the sale of any petroleum product for export or for resale by the purchaser to a second purchaser for export. ``(2) Proof of export.--Where any petroleum product has been sold free of tax under paragraph (1), such paragraph shall cease to apply with respect to the sale of such petroleum product unless, within the 6-month period which begins on the date of the sale, the seller receives proof that the petroleum product has been exported. ``SEC. 5888. REGISTRATION. ``Every person subject to tax under section 5885 shall register with the Secretary at such time and in such manner as the Secretary may prescribe.'' (b) Conforming Amendment.--The table of chapters for subtitle E of such Code is amended by adding at the end thereof the following new item: ``Chapter 55. Imported crude oil and refined petroleum products.'' (c) Deductibility of Imported Crude Oil Tax.--The first sentence of section 164(a) of such Code (relating to deductions for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The tax on imported petroleum products imposed by section 5885.'' (d) Effective Date.--The amendments made by this section shall apply with respect to sales of imported crude oil and imported refined petroleum products in calendar quarters beginning more than 30 days after the date of the enactment of this Act.

Summary: Amends the Internal Revenue Code to establish a fee on crude oil and refined petroleum products imported into the United States, other than oil or products purchased for export. Imposes the fee during any week following a four-week period when the average international price of crude oil has been less than $24 per barrel. Bases the fee on the difference between $24 per barrel and the average international price of a barrel of crude oil.