SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Remediation Waste Act''. SEC. 2. REMEDIATION WASTE MANAGEMENT. (a) In General.--Section 3004 of the Solid Waste Disposal Act is amended by adding the following new subsection at the end thereof: ``(z) Remediation Waste Management.-- ``(1) Definition.--As used in this subsection, the term `remediation waste' means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. ``(2) Coverage of subsection.--Nothing in this subsection shall apply to any solid waste that is not regulated under other provisions of this subtitle. ``(3) Alternative requirements.--As provided in this subsection the Administrator may provide alternative requirements for management of remediation waste in lieu of restrictions under this section or subsections (a) through (e) of section 3005 where appropriate. Such alternative requirements shall be protective of human health and the environment and shall, to the extent feasible, remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. The Administrator may not use the authority of this paragraph to remove or diminish any existing waiver, variance, or exemption from otherwise applicable restrictions on the management of remediation waste. ``(4) EPA rules.--The rules promulgated by the Administrator on November 30, 1998 (63 FR 65874) and on February 16, 1993 (58 FR 8658), as modified on November 30, 1998, shall be deemed to satisfy the requirements of paragraph (3) of this subsection and shall remain in effect unless the Administrator takes action under this subsection to modify such rules. The Administrator shall not publish any proposal to modify the rules referred to in this paragraph before submitting a Report to Congress identifying problems associated with the implementation of such rules. Any such report shall be prepared in consultation with State Governors and after notice and opportunity for public comment on a draft report. ``(5) Land disposal.--Notwithstanding any other provision of this subtitle or any rules adopted pursuant to this subtitle, placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal (as defined in section 3004(k)) and shall not be subject to requirements under section 3004(d), (e), (f), (g), (m), (o)(1)(A), or (o)(2) through (7). ``(6) Additional flexibility and clarification.-- Notwithstanding the rules referred to in paragraph (4), and where appropriate and protective of human health and the environment-- ``(A) temporary units and staging piles may also be designated at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated management of wastes; ``(B) corrective action management units at one remediation waste management site may be designated to receive remediation waste from another remediation waste management site; and ``(C) a staging pile may be designated and allow for mixing or blending for the primary purposes of consolidation or enhancement of subsequent waste management. ``(7) Authorization for remediation waste management activities.-- ``(A) Authorization mechanisms.--Notwithstanding any other provision of this subtitle, remediation waste management units or activities may be authorized through permits, interim status, orders, or other authorization available under this subtitle, subject to the applicable requirements of this subtitle. Where other provisions of Federal or State law waive the requirement for permits or interim status, remediation waste management activities or units are authorized under this paragraph. ``(B) Effect of authorization.--No authorization, application for authorization, or activity authorized under this paragraph for remediation waste management shall itself subject a person to the requirements of section 3004(u), 3004(v) or section 3008(h).''. (b) Alternative State Remediation Waste Programs.--Section 3006 of the Solid Waste Disposal Act is amended by adding the following at the end thereof: ``(i) Alternative State Remediation Waste Programs.-- ``(1) State submission.-- ``(A) Submission.--(i) At any time after the enactment of this subsection, a State or State agency may administer and enforce a program for management of remediation waste pursuant to a program authorized under subsection (b) or (c) or under a program authorized under this subsection. ``(ii) A State or State agency may submit to the Administrator a demonstration, supported by such documentation as the State considers to be appropriate, that the State has an effective State program for the management of remediation wastes under this subsection which includes each of the following: ``(I) Statutory and regulatory authority to control the management of remediation wastes from generation to disposal in a manner that protects human health and the environment. ``(II) Resources in place to administer and enforce those authorities. ``(III) Procedures to ensure public notice and opportunity for comment as appropriate. ``(B) Determination of approval.-- ``(i) In general.--Not later than 12 months after the date on which a State submits to the Administrator a demonstration under subparagraph (A), after public notice and opportunity for comment, the Administrator shall issue to the State and publish in the Federal Register a determination that-- ``(I) the demonstration meets all of the criteria in subparagraph (A), and the State program is finally authorized under this subsection; or ``(II) the demonstration fails to meet one or more of the criteria stated in subparagraph (A), stating with particularity the elements of the State program that are considered to be deficient. ``(ii) Untimely review.--If the Administrator does not issue a determination under clause (i) within 18 months after the date on which a State submits to the Administrator a demonstration under subparagraph (A), the demonstration shall be considered to meet all of the criteria stated in subparagraph (A), and the State program shall be treated as finally authorized under this subsection. ``(2) Effect of authorization of state program.--Upon authorization of a State remediation waste management program under this subsection, such State may to carry out such program in lieu of the Federal program under this subtitle in such State unless such authorization is withdrawn as provided in subsection (e).''.

Summary: Brownfields Remediation Waste Act - Amends the Solid Waste Disposal Act (the Act) to authorize the Administrator of the Environmental Protection Agency to provide alternative requirements for management of remediation waste in lieu of restrictions under the Act or this Act. Defines "remediation waste" as all solid and hazardous wastes and all media and debris that contain listed hazardous wastes or that themselves exhibit a hazardous characteristic and are managed for implementing cleanup. Provides that such requirements shall be protective of health and the environment and remove disincentives to remediation, streamline regulation, and achieve greater flexibility for State remediation programs. Deems specified rules regarding hazardous remediation waste management promulgated by the Administrator on November 30, 1998, to be alternative requirements and to remain in effect unless the Administrator takes action to modify such rules. Prohibits the Administrator from publishing any proposal to modify such rules before reporting to Congress on problems associated with their implementation. Provides that placement of remediation waste in temporary units, staging piles, or corrective action management units designated under Federal or State authorities shall not be deemed to be engaging in land disposal and shall not be subject to specified requirements under the Act regarding hazardous waste management. Authorizes, notwithstanding the rules of November 30, 1998, and where protective of health and environment, the designation of: (1) temporary units and staging piles at another location owned or operated by a person engaged in remediation at the first location to facilitate consolidated waste management; (2) corrective action management units at one remediation waste management site to receive remediation waste from another such site; and (3) a staging pile to allow for mixing or blending for the primary purposes of subsequent waste consolidation or enhancement. Allows remediation waste management units or activities to be authorized through permits, interim status, orders, or other authorization available under the Act. Permits States to administer and enforce remediation waste management programs pursuant to programs authorized under the Act or this Act. Sets forth required elements of such programs. Authorizes States with approved programs to carry out such programs in lieu of the Federal program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Policy and Posture Review Act of 2007''. SEC. 2. REVISED NUCLEAR POLICY REVIEW AND NUCLEAR POSTURE REVIEW. (a) Nuclear Policy Review.-- (1) In general.--The President shall conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in United States security policy. The policy review shall be coordinated by the National Security Advisor and shall include the Secretary of State, the Secretary of Energy, the Secretary of Defense, the Director of National Intelligence, the Director of the Office of Management and Budget, and the Director of the Office of Science and Technology Policy. (2) Scope of review.--The nuclear policy review conducted under paragraph (1) shall-- (A) address the role and value of nuclear weapons in the current global security environment; (B) set forth short-term and long-term objectives of United States nuclear weapons policy; (C) consider the contributions of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (commonly referred to as the ``Nuclear Non-Proliferation Treaty''), to United States national security, and include recommendations for strengthening the Treaty; (D) explore the relationship between the nuclear policy of the United States and nonproliferation and arms control objectives and international treaty obligations, including obligations under Article VI of the Nuclear Non-Proliferation Treaty; (E) determine the role and effectiveness of the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Reduction and Limitation of Strategic Offensive Arms, signed at Moscow July 31, 1991 (commonly referred to as the ``START I Treaty''), and the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions, done at Moscow May 24, 2002 (commonly referred to as the ``Moscow Treaty''), in achieving the national security and nonproliferation goals of the United States and in implementing United States military strategy, and describe the elements of a recommended successor treaty, including verification provisions; and (F) provide policy guidance and make recommendations for the nuclear posture review to be conducted under subsection (b). (3) Outside input.--The policy review shall include contributions from outside experts and, to the extent possible, shall include public meetings to consider a range of views. (b) Nuclear Posture Review.-- (1) In general.--Following completion of the nuclear policy review under subsection (a), the Secretary of Defense shall conduct a comprehensive review of the nuclear posture of the United States to clarify United States nuclear deterrence policy and strategy. The Secretary shall conduct the review in collaboration with the Secretary of Energy, the Secretary of State, the Director of National Intelligence, and the National Security Advisor. (2) Elements of review.--The nuclear posture review conducted under paragraph (1) shall include the following elements: (A) The role of nuclear forces in United States military strategy, planning, and programming, including the extent to which conventional forces can assume roles previously assumed by nuclear forces. (B) The policy requirements and objectives for the United States to maintain a safe, reliable, and credible nuclear deterrence posture, in light of the guidance provided by the nuclear policy review conducted under subsection (a). (C) The targeting strategy required to implement effectively the guidance provided by the nuclear policy review conducted under subsection (a). (D) The levels and composition of the nuclear delivery systems that will be required for implementing the United States national and military strategy, including any plans for removing, replacing, or modifying existing systems. (E) The nuclear weapons complex that will be required for implementing the United States national and military strategy, including any plans to consolidate, modernize, or modify the complex. (F) The active and inactive nuclear weapons stockpile that will be required for implementing the United States national and military strategy, including any plans for replacing or modifying warheads. (G) An account of the different nuclear postures considered in the review and the reasoning for the selection of the nuclear posture. (c) Reports Required.-- (1) Nuclear policy review.--Not later than September 1, 2009, the President shall submit to Congress a report on the results of the nuclear policy review conducted under subsection (a). (2) Nuclear posture review.--Not later than March 1, 2010, the President shall submit to Congress a report on the results of the nuclear posture review conducted under subsection (b). (3) Form.--Each report required under this subsection shall be submitted in unclassified form, but may contain a classified annex. (d) Sense of Congress on Use of Nuclear Posture Review.--It is the sense of Congress that the nuclear policy review conducted under subsection (a) should be used as the basis for establishing future strategic arms control objectives and negotiating positions of the United States. (e) Restriction on Funding of Reliable Replacement Warhead Program.--Notwithstanding any other provision of law, no funds may be appropriated or otherwise made available for the Reliable Replacement Warhead Program for fiscal years 2008, 2009, or 2010 until the reports required under subsection (c) have been submitted to Congress.

Summary: Nuclear Policy and Posture Review Act of 2007 - Directs the President to conduct a nuclear policy review to consider a range of options on the role of nuclear weapons in U.S. security policy. Requires the Secretary of Defense to conduct a comprehensive review of the U.S. nuclear posture to clarify U.S. nuclear deterrence policy and strategy. Expresses the sense of Congress that the President's review should be used as the basis for establishing future U.S. strategic arms control objectives and negotiating positions. Prohibits the appropriation or availability of funds for the Reliable Replacement Warhead Program for FY2008-FY2010 until reports on the above reviews have been submitted to Congress.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Weekends Without Hunger Act''. SEC. 2. WEEKENDS AND HOLIDAYS WITHOUT HUNGER. Section 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following: ``(j) Weekends and Holidays Without Hunger.-- ``(1) Definitions.--In this subsection: ``(A) At-risk school child.--The term `at-risk school child' has the meaning given the term in section 17(r)(1). ``(B) Eligible institution.-- ``(i) In general.--The term `eligible institution' means a public or private nonprofit institution that is determined by the Secretary to be able to meet safe food storage, handling, and delivery standards established by the Secretary. ``(ii) Inclusions.--The term `eligible institution' includes-- ``(I) an elementary or secondary school or school food service authority; ``(II) a food bank or food pantry; ``(III) a homeless shelter; and ``(IV) such other type of emergency feeding agency as is approved by the Secretary. ``(2) Establishment.--Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this subsection, the Secretary shall establish a program under which the Secretary shall provide commodities, on a competitive basis, to eligible institutions to provide nutritious food to at-risk children on weekends and during extended school holidays during the school year. ``(3) Eligibility.-- ``(A) In general.--To be eligible to receive commodities under this subsection, an eligible institution shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine. ``(B) Plan.--An application under subparagraph (A) shall include the plan of the eligible institution for the distribution of nutritious foods to at-risk school children, including-- ``(i) methods of food service delivery to at-risk school children; ``(ii) assurances that children receiving foods under the project will not be publicly separated or overtly identified; ``(iii) lists of the types of food to be provided under the project and provisions to ensure food quality and safety; ``(iv) information on the number of at-risk school children to be served and the per-child cost of providing the children with food; and ``(v) such other information as the Secretary determines to be necessary to assist the Secretary in evaluating projects that receive commodities under this subsection. ``(4) Priority.--In selecting applications under this subsection, the Secretary shall give priority to eligible institutions that-- ``(A) have on-going programs and experience serving populations with significant proportions of at-risk school children; ``(B) have a good record of experience in food delivery and food safety systems; ``(C) maintain high quality control, accountability, and recordkeeping standards; ``(D) provide children with readily consumable food of high nutrient content and quality; ``(E) demonstrate cost efficiencies and the potential for obtaining supplemental funding from non- Federal sources to carry out projects; and ``(F) demonstrate the ability to continue projects for the full approved term of the pilot project period. ``(5) Guidelines.-- ``(A) In general.--The Secretary shall issue guidelines containing the criteria for projects to receive commodities under this section. ``(B) Inclusions.--The guidelines shall, to the maximum extent practicable within the funds available and applications submitted, take into account-- ``(i) geographical variations in project locations to include qualifying projects in rural, urban, and suburban areas with high proportions of families with at-risk school children; ``(ii) different types of projects that offer nutritious foods on weekends and during school holidays to at-risk school children; and ``(iii) institutional capacity to collect, maintain, and provide statistically valid information necessary for the Secretary-- ``(I) to analyze and evaluate the results of the pilot project; and ``(II) to make recommendations to Congress. ``(6) Evaluation.-- ``(A) Interim evaluation.--Not later than November 30, 2013, the Secretary shall complete an interim evaluation of the pilot program carried out under this subsection. ``(B) Final report.--Not later than December 31, 2015, the Secretary shall submit to Congress a final report that contains-- ``(i) an evaluation of the pilot program carried out under this subsection; and ``(ii) any recommendations of the Secretary for legislative action. ``(7) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this section such sums as are necessary, to remain available until expended. ``(B) Availability of funds.--Not more than 3 percent of the funds made available under subparagraph (A) may be used by the Secretary for expenses associated with review of the operations and evaluation of the projects carried out under this subsection.''. Passed the House of Representatives December 8, 2010. Attest: LORRAINE C. MILLER, Clerk.

Summary: Weekends Without Hunger Act - Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture, subject to the availability of appropriations, to implement a pilot program providing commodities, on a competitive basis, to nonprofits for the provision of nutritious food to at-risk school children on weekends and during extended school holidays during the school year. (At-risk school children are those who participate in the school lunch program and reside in an area served by a school in which at least 50% of the students receive free or reduced price meals under the school lunch or breakfast programs.) Includes elementary and secondary schools, school food authorities, food banks or pantries, homeless shelters, and other Secretary-approved emergency feeding agencies as eligible nonprofit recipients of such commodities. Requires commodity recipients to satisfy safe food storage, handling, and delivery standards established by the Secretary. Directs the Secretary to: (1) complete an interim evaluation of the pilot program by November 30, 2013; and (2) submit a final report to Congress by December 31, 2015, that contains an evaluation of such program and any recommendations the Secretary may have for legislative action. Authorizes appropriations for the pilot program.


SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medicare Drug Card Guaranteed Savings Act''. (b) Findings.--Congress finds the following: (1) Americans who buy their own prescription drugs often pay twice as much for prescription drugs as consumers in foreign nations or as the price the Department of Veterans Affairs obtains by negotiating directly with the pharmaceutical manufacturers. In some cases, older Americans pay 10 times more for prescription drugs than such customers. Prescription drug prices have increased 3.4 percent during the first quarter of 2004, nearly three times the rate of inflation. (2) The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law No: 108-173) established a program for the endorsement of medicare drug discount card programs in order to provide for reduced prices for drugs for medicare beneficiaries and provide a subsidy for low-income medicare beneficiaries. (3) There are currently more than 70 endorsed medicare drug discount card programs. Medicare drug discount card programs can change the drugs that they offer and the size of the discounts every seven days. Medicare beneficiaries are allowed to change their current medicare drug discount card program only once, during an annual enrollment period between November 15 and December 31, 2004. (4) Enrollment in medicare drug discount card programs has been less than projected due to the complexity of the programs, the limited number of drugs covered under most programs, the changing prescription drug needs of beneficiaries, and beneficiaries' concern that the programs do not guarantee real savings on prescription drug purchases. As of July 19, 2004, fewer than 14 percent of low-income medicare beneficiaries who qualify for the $600 subsidy under the law have enrolled in a medicare drug discount card program. (5) Currently, medicare discount drug card sponsors are required to pass on to enrollees only an undefined ``share'' of the rebates they secure from drug manufacturers and card sponsors can use the remaining savings for administrative costs and profit. The law does not require the sponsors to reveal to enrollees the size of the rebates secured from drug manufacturers or to disclose what portion of those rebates are kept by the sponsors and not passed on to enrollees. (6) There is a need for a Federal national medicare prescription drug discount card program that offers guaranteed discounts on all prescription drugs and that aggregates the buying power of all medicare beneficiaries in order to negotiate significant reductions in price. SEC. 2. OFFERING OF FEDERAL NATIONAL PRESCRIPTION DRUG DISCOUNT CARD PROGRAM. (a) Offering of Program.-- (1) In general.--Subsection (a)(1) of section 1860D-31 of the Social Security Act (42 U.S.C. 1395w-141) is amended-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) to provide for the offering of a Federal national prescription drug discount card program that is available for discount card eligible individuals throughout the United States (including the territories) and that meets the requirements under subsection (l)(1) in addition to the requirements otherwise applicable to an endorsed discount card program.''. (2) Exclusive program in 2005.--Subsection (c)(1)(C) of such section is amended-- (A) in clause (i), by striking ``clauses (ii) and (iii)'' and inserting ``clauses (ii) through (iv)''; and (B) by adding at the end the following new clause: ``(iv) Limitation to enrollment in federal national prescription drug discount card program in 2005.--Notwithstanding any other provision of this section, for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled under this section shall be the Federal national prescription drug discount card program described in subsection (l). Individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs under this section are deemed to be enrolled in such Federal national prescription drug discount card program.''. (b) Additional Program Requirements.--Such section is further amended by adding at the end the following new subsection: ``(l) Provisions Relating to Federal National Prescription Drug Discount Card Program.-- ``(1) Additional requirements.--The Federal national prescription drug discount card program described in subsection (a)(1)(C) shall also meet the following requirements: ``(A) Discounted prices.--Through direct negotiations with prescription drug manufacturers, the discounted prices offered under the program shall be less than prices otherwise available in the retail market. Through such negotiations, the Secretary shall obtain discounted prices that are at least as low as the manufacturer's average foreign price (as defined in paragraph (3)) for the drug involved. ``(B) Passing through all savings.--The full amount of discounted savings are passed through to enrollees. ``(C) Fee for card.--The annual fee for enrollment in the program shall be $30 (except as provided under subparagraphs (E) through (G) of subsection (c)(1)), which fees shall be available to the Secretary for administrative expenses in offering such program. ``(D) National availability.--The program shall be made available to individuals residing anyplace in the United States. ``(E) Handling fee for pharmacists.--The program shall be designed to provide for a reasonable handling fee for pharmacists in connection with the provision of drugs obtained under the program and shall be approximately equal to the average handling fee for pharmacists of other large insurance plans that administer drug benefits. ``(2) Oversight.--The oversight authority of the Secretary under subsection (i)(2) with respect to such Federal national prescription drug discount card program shall be exercised by the Inspector General of the Department of Health and Human Services. ``(3) Average foreign price defined.-- ``(A) In general.--For purposes of this subsection, the term `average foreign price' means, with respect to a covered discount card drug, the average price that the manufacturer of the drug realizes on the sale of drugs with the same active ingredient or ingredients that are consumed in Canada, France, Germany, Italy, Japan, and the United Kingdom, taking into account-- ``(i) any rebate, contract term or condition, or other arrangement (whether with the purchaser or other persons) that has the effect of reducing the amount realized by the manufacturer on the sale of the drugs; ``(ii) adjustments for any differences in dosage, formulation, or other relevant characteristics of the drugs; and ``(iii) any other contract or side agreement that has the effect of adjusting the effective price of the drug, including agreements to purchase non-drug products. ``(B) Exempt transactions.--The Secretary may, by regulation, exempt from the calculation of the average foreign price of a drug those prices realized by a manufacturer in transactions that are entered into for charitable purposes, for research purposes, or under other unusual circumstances, if the Secretary determines that the exemption is in the public interest and is consistent with the purposes of this section.''. (c) Conforming Amendments.--Such section is further amended-- (1) in subsection (h)(1)(A), by adding after and below clause (v) the following new sentence: ``Such term also includes the Secretary with respect to the offering of the Federal national prescription drug discount card program described in subsection (a)(1)(C).''; (2) in subsection (h)(2)(A), by adding at the end the following: ``The Secretary shall establish a separate procedure for the qualification of the Federal national prescription drug discount card program described in subsection (a)(1)(C).''; and (3) in subsection (k)(6), by inserting before the period at the end the following: ``, except in the case of the Federal national prescription drug discount card program described in subsection (a)(1)(C)''. (d) Implementation.-- (1) Availability of funds.--Notwithstanding any other provision of law, funds provided under section 1015 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) shall be available to the Secretary of Health and Human Services for reasonable administrative costs in offering the Federal national prescription drug discount card program described in section 1860D-31(a)(1)(C) of the Social Security Act, as added by subsection (a). (2) Timely implementation.--The Secretary shall take such steps as may be required to provide for the offering of such program during the annual open enrollment period occurring in November, 2004.

Summary: Medicare Drug Card Guaranteed Savings Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide for the offering of a Federal national prescription drug discount card program. Charges a $30 fee for the card under the program. Provides for direct negotiations by the Secretary of Health and Human Services with prescription drug manufacturers to obtain discount prices that are to be less than prices otherwise available in the retail market. Provides that: (1) for periods beginning with January 1, 2005, the only discount card program in which an individual may be enrolled shall be the Federal national prescription drug discount card program; and (2) individuals enrolled in another program as of December 31, 2004, who do not affirmatively disenroll from all discount card programs are deemed to be enrolled in such Federal national prescription drug discount card program.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Pharmaceutical Supply and Value Enhancement Act'' or the ``Pharmaceutical SAVE Act''. SEC. 2. TEMPORARY IMPORTATION OF PRESCRIPTION DRUGS. (a) Temporary Importation.--Section 506C of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c) is amended-- (1) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (2) by inserting after subsection (g) the following: ``(h) Temporary Importation Authority.-- ``(1) In general.--If, based on notifications described in subsection (a) or any other relevant information, the Secretary concludes that there is, or is likely to be, a drug shortage of a drug described in subsection (a), except as provided in paragraph (3), the Secretary shall authorize importation of such drug for a period of up to 3 years if-- ``(A) the drug is a drug subject to section 503(b)(1), other than a drug described in subparagraphs (A) through (F) of section 804(a)(3); ``(B) the drug is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(C) the imported drug has the same active ingredient as the drug for which there is a shortage described in subsection (i)(2)(B) with respect to manufacturers in the United States; ``(D) the manufacturer certifies to the Secretary that it intends to seek approval of the drug under section 505(j); and ``(E) an importer (as defined in section 804(a)) files with the Secretary information-- ``(i) attesting that the requirements under subparagraphs (A) through (D) are satisfied; ``(ii) identifying the drug the importer proposes to import and the manufacturer from whom the importer proposes to import such drug; and ``(iii) requesting authority to import the drug. ``(2) Beginning date of importation.--If all of the conditions under paragraph (1) are met, the Secretary shall authorize importation of a drug in accordance with such paragraph beginning not later than 60 days after receipt of the information under paragraph (1)(E). ``(3) Discretionary denial of importation.--The Secretary may deny importation of a drug otherwise qualified for importation under paragraph (1) if the Secretary determines that-- ``(A) the drug is not safe and effective; ``(B) the drug is used in conjunction with a device for which there is no reasonable assurance of safety and effectiveness; or ``(C) the authorization to market the drug in one or more of the countries included in the list under section 802(b)(1) has been rescinded or withdrawn because of any concern relating to the safety or effectiveness of the drug. ``(4) Termination of authority.--The authority to import a drug pursuant to paragraph (1) shall terminate after 3 years, or when the drug shortage no longer applies, whichever occurs first.''. (b) Noncompetitive Drug Markets.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C-1 the following: ``SEC. 506C-2. NONCOMPETITIVE DRUG MARKETS. ``(a) In General.--If the Secretary determines under subsection (b) that a noncompetitive market exists with respect to an applicable drug, the Secretary-- ``(1) shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(g), and may expedite the review of applications and inspections in accordance with such subsection; and ``(2) shall treat such noncompetitive market as creating a drug shortage for purposes of section 506C(h), and shall authorize importation of the drug in accordance with such subsection. ``(b) Determination of Noncompetitive Market.-- ``(1) In general.--The Secretary shall determine that a noncompetitive market exists with respect to an applicable drug if-- ``(A) for at least 2 consecutive months prior to the determination, fewer than 5 drugs approved under section 505(c) (referred to in this paragraph as the `applicable listed drug') or under section 505(j) that reference the applicable listed drug were commercially available in the United States; ``(B) the applicable listed drug was approved at least 10 years before such determination; and ``(C) each patent which claims an active ingredient of the applicable listed drug has expired. ``(2) Commercially available.-- ``(A) In general.--For purposes of paragraph (1)(A), a drug is not commercially available in the United States if-- ``(i) the holder of an application approved under subsection (c) or (j) of section 505 has publicly announced that it has discontinued the manufacturing of the drug; ``(ii) a drug approved under subsection (c) or (j) of section 505 has been withdrawn or discontinued; or ``(iii) the Secretary has any other reasonable basis to conclude that a drug approved under subsection (c) or (j) of section 505 is not competitively relevant. ``(B) Holder of approved application.--In determining whether 5 drugs are commercially available under paragraph (1)(A), in the case of a single person who is the holder of more than 1 application approved as described in paragraph (1)(A) with respect to an applicable drug, only 1 such drug shall be considered to be commercially available. ``(c) Applicable Drug.--In this section, the term `applicable drug' means a drug that is not a radio pharmaceutical drug product or any other product as designated by the Secretary.''. (c) Annual Reporting on Drug Shortages.--Section 506C-1(a)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(3)(B)) is amended-- (1) in clause (i), by striking ``; and'' and inserting ``;''; (2) in clause (ii), by adding ``and'' after the semicolon; and (3) by inserting after clause (ii) the following: ``(iii) the number of drugs authorized for temporary importation under section 506C(h);''.

Summary: Pharmaceutical Supply and Value Enhancement Act or the Pharmaceutical SAVE Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to authorize importation of life-saving drugs for which there is, or is likely to be, a shortage. For a drug to be imported, the drug's manufacturer must intend to seek FDA approval of the drug as a generic drug. The FDA may deny importation of a drug for reasons related to safety or effectiveness. Drugs in noncompetitive markets must be treated as being in a shortage for purposes of this bill and for purposes of expedited inspections and review. A drug is in a noncompetitive market if: (1) there are fewer than five holders of approved applications for commercially available brand name or generic versions of the drug, (2) the drug has been approved for at least 10 years, and (3) patents on the active ingredient of the drug have expired.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Local School Board Governance and Flexibility Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the responsibility for education resides with the States, which have delegated to local school boards the power and authority to adopt policies, establish priorities, and provide accountability to direct the operation of neighborhood schools; (2) local school boards are held accountable by local voters to represent the interests of students, parents, local businesses, civic organizations, taxpayers, and the community at large in determining, subject to State laws and policies, the direction, values, climate, and financial support of the schools in their community; (3) the vital national interest in local self-governance of local educational agencies has been weakened through Department of Education requirements that are either unnecessary to achieve the specific direction of legislation enacted by Congress, or that impose unnecessary limits on the flexibility needed by local educational agencies in order to meet local, State, and Federal goals in education; and (4) to support the local decisionmaking function of local educational agencies, the Secretary of Education should engage only in issuing regulations, rules, grant conditions, guidance materials, and other requirements under the jurisdiction of the Department that are-- (A) specifically required to implement Federal legislation; and (B) demonstrated to be educationally, operationally, and financially within the capacity of local educational agencies to implement. SEC. 3. AUTHORITY OF THE SECRETARY. Unless specifically authorized by Federal law, the Secretary may not issue a Federal regulation, rule, grant condition, guidance material, or other requirement pertaining to a State educational agency or a local educational agency that-- (1) conflicts with the power and authority of the local educational agency delegated by the State regarding the operation of the schools (including the school system's mission and goals, organization, local budget and budget priorities, education program, curriculum, or extra-curricular activities), student health services and safety, transportation and school boundaries, procurement policies, staffing and personnel policies, capital construction, authority to levy taxes, issue bonds, and acquire land, and other functions essential to the daily operation of the schools within the jurisdiction of the local educational agency; (2) results in additional costs to the local educational agency for reporting, grant administration, and general operations, unless fully funded from Federal funds; (3) conflicts with the power and authority of the local educational agency to determine how to engage or act upon community participation and advice; (4) imposes requirements on a local educational agency or State educational agency that would limit or adversely affect the authority of the local educational agency or State educational agency to function as a legislative, executive, or quasi-judicial agency; (5) conflicts with the authority of-- (A) a State to determine the appropriate governance structure of-- (i) the State educational agency; or (ii) the State's local educational agencies; or (B) a State educational agency or local educational agency to determine the appropriate governance and management of the schools that the State educational agency or local educational agency serve; (6) establishes reporting requirements for State educational agencies or local educational agencies that duplicate existing Federal requirements or that are issued without first conducting a fiscal impact statement related to the costs to State educational agencies or local educational agencies, as the case may be, including requests for data and recommendations from State educational agencies or local educational agencies and national education organizations consistent with the provisions of section 4(a); or (7) places conditions or requirements on a grant to a State or local educational agency that are not directly related to, or that do not directly support, the intent of the specific purpose of the grant or the legislation authorizing such grant. SEC. 4. OPPORTUNITY FOR COMMENT REGARDING LOCAL IMPACT. (a) In General.--During each fiscal year (beginning with the fiscal year following the fiscal year in which this Act is enacted), the Secretary of Education shall provide local educational agencies and the major national education organizations, including those representing local school boards, local school superintendents, principals, and teachers, a minimum of 60 days in order to provide written comments regarding the local impact of implementing Federal regulations, rules, grant conditions, guidance materials, or other requirements for any applicable program or activity of the Secretary. (b) Report.--The Secretary of Education shall prepare and publish a report based on the comments received pursuant to subsection (a), which shall be forwarded to the chairs and ranking members of the Education and Workforce Committee of the House of Representatives and the Health, Education, Labor and Pensions Committee of the Senate not later than July 1 of each year and shall be simultaneously posted on the Department of Education's website. SEC. 5. EFFICIENCY IN IMPLEMENTING FEDERAL PROGRAMS. (a) Eliminating Reporting Duplications.--Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall conduct a review of existing reporting requirements applicable to local educational agencies resulting from programs and activities under the jurisdiction of the Department of Education to determine duplications and make modifications as necessary to eliminate such reporting duplications. (b) Prohibition.--The Secretary may not promulgate any regulation, rule, guidance material, grant condition, or other requirement pertaining to a State educational agency or a local educational agency, without first taking the following actions: (1) Requesting data and recommendations from State educational agencies, local educational agencies, and the major national education organizations representing chief State school officers, local school boards, local school superintendents, principals, and teachers regarding the educational, financial, and operational costs involved for implementation, and publishing the data and recommendations provided upon issuance of such regulation, rule, guidance material, grant condition, or other requirement and posting that information on the Department of Education's website. (2) Verifying, based on the data set forth in paragraph (1), that local educational agencies will have the financial resources and the technical assistance such agencies may need to successfully implement the regulation, rule, guidance material, grant condition, or other requirement, including any Federal requirement that would extend beyond the time that Federal assistance is available for that purpose. (3) Providing State educational agencies, local educational agencies, and the national education organizations identified in paragraph (1) with not less than 60 days notice following the Secretary's publication of a notice of intent to issue any regulation, rule, guidance material, grant condition, or other requirement to respond, unless a shorter time period is needed to meet an emergency such as a declared natural disaster. (4) Ensuring that maximum flexibility is provided to State educational agencies and local educational agencies in implementing any regulation, rule, guidance material, grant condition, or other requirement. (c) Review and Response.--If a local educational agency or an organization identified in subsection (b) provides the Secretary of Education with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary, or the Secretary's designee, shall review the merits of that statement, provide a written response within 60 days, and post that response on the Department of Education's website, including a description of what action, if any, the Secretary will take to correct any deficiency that the Secretary determines exists.

Summary: Local School Board Governance and Flexibility Act Expresses the sense of Congress that: (1) the responsibility for education resides with the states and the local educational agencies (LEAs) to which they have delegated authority; and (2) the Secretary of Education should only issue those regulations, rules, guidance materials, grant conditions, or other requirements that are specifically needed to implement federal legislation and are within LEAs' educational, operational, and financial capacity. Prohibits the Secretary, unless specifically authorized by federal law, from issuing regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs that: conflict with the authority of LEAs delegated to them by their state; result in additional costs to LEAs for reporting, grant administration, and general operations that are not fully covered by the federal government; conflict with the authority of LEAs to determine how to engage or act upon community participation and advice; impose requirements on LEAs or state educational agencies (SEAs) that would adversely affect their authority to function as legislative, executive, or quasi-judicial agencies; conflict with states' authority to determine the appropriate governance structure of their SEA or LEAs, or their SEA's or LEAs' authority to determine how schools are governed or managed; establish SEA or LEA reporting requirements that duplicate existing federal requirements or are issued without first conducting a fiscal impact statement; or place conditions or requirements on grants to states or LEAs that do not directly relate to, or do not directly support, the intent of the grants or legislation authorizing the grants. Directs the Secretary during each fiscal year to provide LEAs and the major national education organizations at least 60 days to provide written comments regarding the local impact of implementing federal regulations, rules, guidance materials, grant conditions, or other requirements for any applicable program or activity of the Secretary. Directs the Secretary to review existing LEA reporting requirements to identify and eliminate those that are duplicative. Prohibits the Secretary from promulgating federal regulations, rules, guidance materials, grant conditions, or other requirements pertaining to states or LEAs without first: requesting data and recommendations from SEAs, LEAs, and the major national education organizations regarding the educational, financial, and operational costs involved in implementing them; verifying that LEAs will have the financial resources and technical assistance they may need to successfully implement the requirements; giving SEAs, LEAs, and national educational organizations at least 60 days' notice to respond to such requirements before they are issued, except in certain emergencies; and giving SEAs and LEAs maximum flexibility in implementing the requirements. Provides that if an LEA or major national education organization provides the Secretary with a written statement demonstrating that a regulation, rule, guidance material, grant condition, or other requirement does not meet the substantive or procedural requirements of this Act, the Secretary must review the merits of the statement, issue a written response within 60 days, and post that response on the Department of Education's website.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuity of Electric Capacity Resources Act''. SEC. 2. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY RESOURCES. Title II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 224. DIVERSITY OF SUPPLY AND CONTINUITY OF ELECTRIC CAPACITY RESOURCES. ``(a) Definitions.--In this subsection: ``(1) Bulk-power system; transmission organization.--The terms `bulk-power system' and `transmission organization' have the meaning given the terms in section 215. ``(2) Electric capacity resource.--The term `electric capacity resource' means an electric generating resource, as measured by the maximum load-carrying ability of the resource, exclusive of station use and planned, unplanned, or other outage or derating. ``(3) Regional reliability coordinator.--The term `regional reliability coordinator' has the meaning given the term `reliability coordinator' (as defined by the Electric Reliability Organization). ``(b) Electric Capacity Resources Report.-- ``(1) Notice.--Not later than 14 days after the date of enactment of this section, the Commission shall submit to each transmission organization with a tariff on file with the Commission that includes provisions addressing the procurement of electric capacity resources notice that the transmission organization is required to file with the Commission a report in accordance with paragraph (2). ``(2) Report.--Not later than 180 days after the date on which a transmission organization receives a notice under paragraph (1), the transmission organization shall submit to the Commission a report that-- ``(A)(i) identifies electric capacity resources that are available to the transmission organization as of the date of the report; and ``(ii) describes the fuel sources and operational characteristics of each electric capacity resource identified under clause (i); ``(B) evaluates, using generally accepted metrics, the financial health, viability, and projected remaining years of service of the available electric capacity resources identified under subparagraph (A)(i); ``(C) identifies-- ``(i) over the short- and long-term periods in the planning cycle of the transmission organization, announced and projected retirements of the available electric capacity resources; ``(ii) the projected future needs of the transmission organization for electric capacity resources; and ``(iii) the availability of transmission facilities and transmission support services necessary to provide for the transmission organization reasonable assurances of essential reliability services, including adequate voltage support; ``(D) assesses the current and projected status of the reliability of the elements of the bulk-power system under the control of the transmission organization, over the short- and long-term periods in the planning cycle of the transmission organization (including the current and projected status of electric capacity resources), as determined by the regional reliability coordinator that has been designated by the Electric Reliability Organization to have oversight over the bulk-power system elements under the control of the transmission organization; and ``(E) prior to the submission of the report, has been made available to members of the transmission organization and to the public for comment. ``(c) Tariff Amendments.-- ``(1) In general.--Not later than 180 days after the date on which the Commission receives a report submitted under subsection (b), the transmission organization that submitted the report shall file with the Commission-- ``(A) 1 or more tariff amendments that would achieve each of the objectives described in paragraph (2) with respect to the transmission organization; and ``(B) supporting information that demonstrates the manner in which the amendments would achieve each of those objectives, taking into account the report submitted under subsection (b)(2). ``(2) Objectives.--The objectives referred to in paragraph (1) are the following: ``(A) A diverse generation portfolio and the availability of transmission facilities and transmission support services necessary to provide reasonable assurances of a continuous supply of electricity for customers of the transmission organization at the proper voltage and frequency. ``(B) An enhanced opportunity for self-supply of electric capacity resources by electric cooperatives, Federal power marketing agencies, and State utilities with a service obligation (as those terms are defined in section 217(a)), with the term `self-supply' to be defined in the supporting information filed under paragraph (1). ``(C) A reasonable assurance of short- and long- term reliability, with the terms `short-term reliability' and `long-term reliability' to be defined by the applicable regional reliability coordinator referred to in subsection (b)(2)(D). ``(D) A reasonable likelihood of prudent investment in, and adequate fuel supply for, existing and future electric capacity resources over the short- and long- term periods in the planning cycle identified in the applicable report submitted under subsection (b)(2).''. SEC. 3. ACTIVITIES CARRIED OUT UNDER AN AUTHORIZATION DURING WAR OR EMERGENCY. Section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)) is amended-- (1) in the first sentence, by striking ``(c) During'' and inserting the following: ``(c) Authorization During War or Emergency.-- ``(1) In general.--During''; and (2) by adding at the end the following: ``(2) No liability.--Any person subject to an order issued under this subsection shall not be liable for actions carried out in compliance with the order.''.

Summary: Continuity of Electric Capacity Resources Act This bill amends the Federal Power Act to require the Federal Energy Regulatory Commission (FERC) to notify transmission organizations that they must file an electric capacity resources report if they have a tariff on file that addresses the procurement of electric capacity resources. Report contents must: identify electric capacity resources available to the transmission organization; describe the fuel sources and operational characteristics of each electric capacity resource; evaluate the financial health, viability, and projected remaining years of service of these available electric capacity resources; and assess the current and projected reliability of the elements of the bulk-power system under the transmission organization's control. Subsequent to this report, transmission organizations must also submit tariff amendments that would achieve specified objectives, including a diverse generation portfolio and the availability of transmission facilities and transmission support services that would provide a continuous supply of electricity for customers. The bill shields any person from liability for actions taken to comply with a FERC order for temporary connections and exchanges of facilities during war or an energy emergency.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining Permitting of American Energy Act of 2012''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM Sec. 101. Permit to drill application timeline. Sec. 102. Solar and wind right-of-way rental reform. TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM Sec. 201. Administrative protest documentation reform. TITLE III--PERMIT STREAMLINING Sec. 301. Improve Federal energy permit coordination. Sec. 302. Administration of current law. Sec. 303. Policies regarding buying, building, and working for America. TITLE IV--JUDICIAL REVIEW Sec. 401. Definitions. Sec. 402. Exclusive venue for certain civil actions relating to covered energy projects. Sec. 403. Timely filing. Sec. 404. Expedition in hearing and determining the action. Sec. 405. Standard of review. Sec. 406. Limitation on injunction and prospective relief. Sec. 407. Limitation on attorneys' fees. Sec. 408. Legal standing. TITLE I--APPLICATION FOR PERMITS TO DRILL PROCESS REFORM SEC. 101. PERMIT TO DRILL APPLICATION TIMELINE. Section 17(p)(2) of the Mineral Leasing Act (30 U.S.C. 226(p)(2)) is amended to read as follows: ``(2) Applications for permits to drill reform and process.-- ``(A) Timeline.--The Secretary shall decide whether to issue a permit to drill within 30 days after receiving an application for the permit. The Secretary may extend such period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. The notice shall be in the form of a letter from the Secretary or a designee of the Secretary, and shall include the names and titles of the persons processing the application, the specific reasons for the delay, and a specific date a final decision on the application is expected. ``(B) Notice of reasons for denial.--If the application is denied, the Secretary shall provide the applicant-- ``(i) in writing, clear and comprehensive reasons why the application was not accepted and detailed information concerning any deficiencies; and ``(ii) an opportunity to remedy any deficiencies. ``(C) Application deemed approved.--If the Secretary has not made a decision on the application by the end of the 60-day period beginning on the date the application is received by the Secretary, the application is deemed approved, except in cases in which existing reviews under the National Environmental Policy Act of 1969 or Endangered Species Act of 1973 are incomplete. ``(D) Denial of permit.--If the Secretary decides not to issue a permit to drill in accordance with subparagraph (A), the Secretary shall-- ``(i) provide to the applicant a description of the reasons for the denial of the permit; ``(ii) allow the applicant to resubmit an application for a permit to drill during the 10-day period beginning on the date the applicant receives the description of the denial from the Secretary; and ``(iii) issue or deny any resubmitted application not later than 10 days after the date the application is submitted to the Secretary. ``(E) Fee.-- ``(i) In general.--Notwithstanding any other law, the Secretary shall collect a single $6,500 permit processing fee per application from each applicant at the time the final decision is made whether to issue a permit under subparagraph (A). This fee shall not apply to any resubmitted application. ``(ii) Treatment of permit processing fee.--Of all fees collected under this paragraph, 50 percent shall be transferred to the field office where they are collected and used to process protests, leases, and permits under this Act subject to appropriation.''. SEC. 102. SOLAR AND WIND RIGHT-OF-WAY RENTAL REFORM. Notwithstanding any other provision of law, each fiscal year, of fees collected as annual wind energy and solar energy right-of-way authorization fees required under section 504(g) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1764(g)), 50 percent shall be retained by the Secretary of the Interior to be used, subject to appropriation, by the Bureau of Land Management to process permits, right-of-way applications, and other activities necessary for renewable development, and, at the discretion of the Secretary, by the U.S. Fish and Wildlife Service or other Federal agencies involved in wind and solar permitting reviews to facilitate the processing of wind energy and solar energy permit applications on Bureau of Land Management lands. TITLE II--ADMINISTRATIVE PROTEST DOCUMENTATION REFORM SEC. 201. ADMINISTRATIVE PROTEST DOCUMENTATION REFORM. Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) is further amended by adding at the end the following: ``(4) Protest fee.-- ``(A) In general.--The Secretary shall collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. ``(B) Treatment of fees.--Of all fees collected under this paragraph, 50 percent shall remain in the field office where they are collected and used to process protests subject to appropriation.''. TITLE III--PERMIT STREAMLINING SEC. 301. IMPROVE FEDERAL ENERGY PERMIT COORDINATION. (a) Establishment.--The Secretary of the Interior (referred to in this section as the ``Secretary'') shall establish a Federal Permit Streamlining Project (referred to in this section as the ``Project'') in every Bureau of Land Management field office with responsibility for permitting energy projects on Federal land. (b) Memorandum of Understanding.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary shall enter into a memorandum of understanding for purposes of this section with-- (A) the Secretary of Agriculture; (B) the Administrator of the Environmental Protection Agency; and (C) the Chief of the Army Corps of Engineers. (2) State participation.--The Secretary may request that the Governor of any State with energy projects on Federal lands to be a signatory to the memorandum of understanding. (c) Designation of Qualified Staff.-- (1) In general.--Not later than 30 days after the date of the signing of the memorandum of understanding under subsection (b), all Federal signatory parties shall, if appropriate, assign to each of the Bureau of Land Management field offices an employee who has expertise in the regulatory issues relating to the office in which the employee is employed, including, as applicable, particular expertise in-- (A) the consultations and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536); (B) permits under section 404 of Federal Water Pollution Control Act (33 U.S.C. 1344); (C) regulatory matters under the Clean Air Act (42 U.S.C. 7401 et seq.); (D) planning under the National Forest Management Act of 1976 (16 U.S.C. 472a et seq.); and (E) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Duties.--Each employee assigned under paragraph (1) shall-- (A) not later than 90 days after the date of assignment, report to the Bureau of Land Management Field Managers in the office to which the employee is assigned; (B) be responsible for all issues relating to the energy projects that arise under the authorities of the employee's home agency; and (C) participate as part of the team of personnel working on proposed energy projects, planning, and environmental analyses on Federal lands. (d) Additional Personnel.--The Secretary shall assign to each Bureau of Land Management field office identified in subsection (a) any additional personnel that are necessary to ensure the effective approval and implementation of energy projects administered by the Bureau of Land Management field offices, including inspection and enforcement relating to energy development on Federal land, in accordance with the multiple use mandate of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (e) Funding.--Funding for the additional personnel shall come from the Department of the Interior reforms identified in sections 101, 102, and 201. (f) Savings Provision.--Nothing in this section affects-- (1) the operation of any Federal or State law; or (2) any delegation of authority made by the head of a Federal agency whose employees are participating in the Project. (g) Definition.--For purposes of this section the term ``energy projects'' includes oil, natural gas, coal, and other energy projects as defined by the Secretary. SEC. 302. ADMINISTRATION OF CURRENT LAW. Notwithstanding any other law, the Secretary of the Interior shall not require a finding of extraordinary circumstances in administering section 390 of the Energy Policy Act of 2005. SEC. 303. POLICIES REGARDING BUYING, BUILDING, AND WORKING FOR AMERICA. (a) Congressional Intent.--It is the intent of Congress that-- (1) this Act will support a healthy and growing United States domestic energy sector that, in turn, helps to reinvigorate American manufacturing, transportation, and service sectors by employing the vast talents of United States workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable United States workers to benefit from this Act through good jobs and careers, as well as the establishment of important industrial facilities to support expanded access to American energy resources. (b) Requirement.--The Secretary of the Interior shall, when possible and practicable, encourage the use of United States workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act. TITLE IV--JUDICIAL REVIEW SEC. 401. DEFINITIONS. In this Act-- (1) the term ``covered civil action'' means a civil action containing a claim under section 702 of title 5, United States Code, regarding agency action (as defined for the purposes of that section) affecting a covered energy project on Federal lands of the United States; and (2) the term ``covered energy project'' means the leasing of Federal lands of the United States for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other source of energy, and any action under such a lease, except that the term does not include any disputes between the parties to a lease regarding the obligations under such lease, including regarding any alleged breach of the lease. SEC. 402. EXCLUSIVE VENUE FOR CERTAIN CIVIL ACTIONS RELATING TO COVERED ENERGY PROJECTS. Venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. SEC. 403. TIMELY FILING. To ensure timely redress by the courts, a covered civil action must be filed no later than the end of the 90-day period beginning on the date of the final Federal agency action to which it relates. SEC. 404. EXPEDITION IN HEARING AND DETERMINING THE ACTION. The court shall endeavor to hear and determine any covered civil action as expeditiously as possible. SEC. 405. STANDARD OF REVIEW. In any judicial review of a covered civil action, administrative findings and conclusions relating to the challenged Federal action or decision shall be presumed to be correct, and the presumption may be rebutted only by the preponderance of the evidence contained in the administrative record. SEC. 406. LIMITATION ON INJUNCTION AND PROSPECTIVE RELIEF. In a covered civil action, the court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct that violation. In addition, courts shall limit the duration of preliminary injunctions to halt covered energy projects to no more than 60 days, unless the court finds clear reasons to extend the injunction. In such cases of extensions, such extensions shall only be in 30-day increments and shall require action by the court to renew the injunction. SEC. 407. LIMITATION ON ATTORNEYS' FEES. Sections 504 of title 5, United States Code, and 2412 of title 28, United States Code, (together commonly called the Equal Access to Justice Act) do not apply to a covered civil action, nor shall any party in such a covered civil action receive payment from the Federal Government for their attorneys' fees, expenses, and other court costs. SEC. 408. LEGAL STANDING. Challengers filing appeals with the Department of the Interior Board of Land Appeals shall meet the same standing requirements as challengers before a United States district court.

Summary: Streamlining Permitting of American Energy Act of 2012 - Title I: Application For Permits to Drill Process Reform - (Sec. 101) Amends the Mineral Leasing Act to revise requirements for the issuance of permits to drill in energy projects on federal lands. Authorizes the Secretary of the Interior to extend the initial 30-day permit application review period for up to 2 periods of 15 days each, if the Secretary has given written notice of the delay to the applicant. Deems a permit application approved if the Secretary has made no decision on it 60 days after its receipt. Prescribes a notice requirement for denial of an application. Directs the Secretary to collect a single $6,500 permit processing fee per application from each applicant at the time the decision is made whether or not to issue a permit. (Sec. 102) Requires that 50% of fees collected as annual wind energy and solar energy right-of-way authorization fees be retained by the Secretary for use by: (1) the Bureau of Land Management (BLM) to process permits, right-of-way applications, and other activities necessary for renewable energy development; and (2) either the U.S. Fish and Wildlife Service or other federal agencies involved in wind and solar permitting reviews in order to facilitate the processing of wind energy and solar energy permit applications on BLM lands. Title II: Administrative Protest Documentation Reform - (Sec. 201) Requires the Secretary to collect a $5,000 documentation fee to accompany each protest for a lease, right of way, or application for permit to drill. Title III: Permit Streamlining - (Sec. 301) Requires the Secretary to: (1) establish a Federal Permit Streamlining Project in every BLM Field office with responsibility for permitting energy projects on federal land; and (2) enter into a related memorandum of understanding with the Secretary of Agriculture, the Administrator of the Environmental Protection Agency (EPA), and the Chief of the Army Corps of Engineers. Authorizes the Secretary to request that the governor of any state with energy projects on federal lands be a signatory to the memorandum of understanding. Requires federal signatories to such memorandum to assign staff with special expertise in regulatory issues germane to field offices. (Sec. 302) States that the Secretary shall not require a finding of extraordinary circumstances related to a categorical exclusion in administering the Energy Policy Act of 2005 with respect to review under the National Environmental Policy Act of 1969 (NEPA). (A categorical exclusion [CE or CX] is a category of actions which do not individually or cumulatively have a significant effect on the human environment and for which, as a consequence, neither an environmental assessment [EA] nor an environmental impact statement [EIS] is required. If a proposed action is included in the description provided for a listed CE established by an agency, the agency must check to make sure that no extraordinary circumstances exist that may cause the proposed action to have a significant effect in a particular situation. Extraordinary circumstances typically include such matters as effects to endangered species, protected cultural sites, and wetlands. If the proposed action is not included in the description in the agency's CE, or there are extraordinary circumstances, the agency must prepare an EA or an EIS, or develop a new proposal that may qualify for application of a CE.) (Sec. 303) Expresses the intent of Congress that: (1) this Act will support a growing U.S. domestic energy sector that helps to reinvigorate American manufacturing, transportation, and service sectors by employing U.S. workers to assist in the development of energy from domestic sources; and (2) Congress will monitor the deployment of personnel and material onshore under this Act to encourage the development of American technology and manufacturing to enable workers to benefit from this Act through good jobs and careers, and establishment of important industrial facilities to support expanded access to American energy resources. Directs the Secretary when possible and practicable, to encourage the use of U.S. workers and equipment manufactured in the United States in all construction related to mineral resource development under this Act. Title IV: Judicial Review - (Sec. 402) States that venue for any covered civil action shall lie in the district court where the project or leases exist or are proposed. Sets forth procedures for judicial review of leasing of federal lands for the exploration, development, production, processing, or transmission of oil, natural gas, wind, or any other energy source of energy.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Rehabilitation Tax Credit Expansion Act of 1993''. SEC. 2. TREATMENT OF REHABILITATION CREDIT UNDER PASSIVE ACTIVITY LIMITATIONS. (a) General Rule.--Paragraphs (2) and (3) of section 469(i) of the Internal Revenue Code of 1986 (relating to $25,000 offset for rental real estate activities) are amended to read as follows: ``(2) Dollar limitations.-- ``(A) In general.--Except as otherwise provided in this paragraph, the aggregate amount to which paragraph (1) applies for any taxable year shall not exceed $25,000 reduced (but not below zero) by 50 percent of the amount (if any) by which the adjusted gross income of the taxpayer for the taxable year exceeds $100,000. ``(B) Phaseout not applicable to low-income housing credit.--In the case of the portion of the passive activity credit for any taxable year which is attributable to any credit determined under section 42-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $25,000, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable and is not attributable to the rehabilitation credit determined under section 47) to which paragraph (1) applies after the application of subparagraph (A). ``(C) $55,500 limit for rehabilitation credits.--In the case of the portion of the passive activity credit for any taxable year which is attributable to the rehabilitation credit determined under section 47-- ``(i) subparagraph (A) shall not apply, and ``(ii) paragraph (1) shall not apply to the extent that the deduction equivalent of such portion exceeds-- ``(I) $55,500, reduced by ``(II) the aggregate amount of the passive activity loss (and the deduction equivalent of any passive activity credit which is not so attributable) to which paragraph (1) applies for the taxable year after the application of subparagraphs (A) and (B). ``(3) Adjusted gross income.--For purposes of paragraph (2)(A), adjusted gross income shall be determined without regard to-- ``(A) any amount includable in gross income under section 86, ``(B) any amount excludable from gross income under section 135, ``(C) any amount allowable as a deduction under section 219, and ``(D) any passive activity loss.''. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 469(i)(4) of such Code is amended to read as follows: ``(B) Reduction for surviving spouse's exemption.-- For purposes of subparagraph (A), the $25,000 amounts under paragraph (2)(A) and (2)(B)(ii) and the $55,500 amount under paragraph (2)(C)(ii) shall each be reduced by the amount of the exemption under paragraph (1) (determined without regard to the reduction contained in paragraph (2)(A)) which is allowable to the surviving spouse of the decedent for the taxable year ending with or within the taxable year of the estate.''. (2) Subparagraph (A) of section 469(i)(5) of such Code is amended by striking clauses (i), (ii), and (iii) and inserting the following: ``(i) `$12,500' for `$25,000' in subparagraphs (A) and (B)(ii) of paragraph (2), ``(ii) `$50,000' for `$100,000' in paragraph (2)(A)'', and ``(iii) `$27,750' for `$55,500' in paragraph (2)(C)(ii).''. (3) The subsection heading for subsection (i) of section 469 of such Code is amended by striking ``$25,000''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service on or after May 5, 1993, in taxable years ending on or after such date. SEC. 3. REHABILITATION CREDIT ALLOWED TO OFFSET PORTION OF ALTERNATIVE MINIMUM TAX. (a) In General.--Section 38(c) of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Rehabilitation investment credit may offset portion of minimum tax.-- ``(A) In general.--In the case of the rehabilitation investment tax credit-- ``(i) this section and section 39 shall be applied separately with respect to such credit, and ``(ii) for purposes of applying paragraph (1) to such credit-- ``(I) the tentative minimum tax under subparagraph (A) thereof shall be reduced by the minimum tax offset amount determined under subparagraph (B) of this paragraph, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the rehabilitation investment tax credit). ``(B) Minimum tax offset amount.--For purposes of subparagraph (A)(ii)(I), the minimum tax offset amount is an amount equal to-- ``(i) in the case of a taxpayer not described in clause (ii), the lesser of-- ``(I) 25 percent of the tentative minimum tax for the taxable year, or ``(II) $20,000, or ``(ii) in the case of a C corporation other than a closely held C corporation (as defined in section 469(j)(1)), 5 percent of the tentative minimum tax for the taxable year. ``(C) Rehabilitation investment tax credit.--For purposes of this paragraph, the term `regular investment tax credit' means the portion of the credit under subsection (a) which is attributable to the credit determined under section 47.''. (b) Conforming Amendment.--Section 38(d) (relating to components of investment credit) is amended by adding at the end the following new paragraph: ``(4) Special rule for rehabilitation credit.-- Notwithstanding paragraphs (1) and (2), the rehabilitation investment tax credit (as defined in subsection (c)(2)(C)) shall be treated as used last.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

Summary: Historic Rehabilitation Tax Credit Expansion Act of 1993 - Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the rehabilitation credit under such rules. Allows the rehabilitation investment credit to offset a portion of tentative minimum tax.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Nevada Higher Education Land Act of 2008''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) southern Nevada is one of the fastest growing regions in the United States, with 750,000 new residents added since 2000 and 250,000 residents expected to be added by 2010; (2) the Nevada System of Higher Education serves more than 70,000 undergraduate and graduate students in southern Nevada, with enrollment in the System expected to grow by 21 percent during the next 10 years, which would bring enrollment to a total of 85,000 students in the System; (3) the Nevada System of Higher Education campuses in southern Nevada comprise 1,200 acres, one of the smallest land bases of any major higher education system in the western United States; (4) the University of Nevada, Las Vegas, with 28,500 students and 3,300 faculty and staff, is the fourth fastest- growing research university in the United States; (5) the College of Southern Nevada-- (A) serves 39,000 students each semester; and (B) is near capacity at each of the 3 urban campuses of the College; (6) Pahrump, located in rural Nye County, Nevada-- (A) has grown by 20 percent since 2000; and (B) has a small satellite campus of Great Basin College to serve the 40,500 residents of Pahrump, Nevada; and (7) the Nevada System of Higher Education needs additional land to provide for the future growth of the System, particularly for the University of Nevada, Las Vegas, the College of Southern Nevada, and the Pahrump campus of Great Basin College. (b) Purposes.--The purposes of this Act are-- (1) to provide additional land for a thriving higher education system that serves the residents of fast-growing southern Nevada; (2) to provide residents of the State with greater opportunities to pursue higher education and the resulting benefits, which include increased earnings, more employment opportunities, and better health; and (3) to provide communities in southern Nevada the economic and societal values of higher education, including economic growth, lower crime rates, greater civic participation, and less reliance on social services. SEC. 3. DEFINITIONS. In this Act: (1) Board of regents.--The term ``Board of Regents'' means the Board of Regents of the Nevada System of Higher Education. (2) Campuses.--The term ``Campuses'' means the Great Basin College, College of Southern Nevada, and University of Las Vegas, Nevada, campuses. (3) Federal land.--The term ``Federal land'' means each of the 3 parcels of Bureau of Land Management land identified on the maps as ``Parcel to be Conveyed'', of which-- (A) approximately 40 acres is to be conveyed for the College of Southern Nevada; (B) approximately 2,085 acres is to be conveyed for the University of Nevada, Las Vegas; and (C) approximately 285 acres is to be conveyed for the Great Basin College. (4) Map.--The term ``Map'' means each of the 3 maps entitled ``Southern Nevada Higher Education Land Act'', dated July 11, 2008, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Nevada. (7) System.--The term ``System'' means the Nevada System of Higher Education. SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM. (a) Conveyances.-- (1) In general.--Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) and section 1(c) of the Act of June 14, 1926 (commonly known as the ``Recreation and Public Purposes Act'') (43 U.S.C. 869(c)), and subject to all valid existing rights, the Secretary shall-- (A) not later than 180 days after the date of enactment of this Act, convey to the System, without consideration, all right, title, and interest of the United States in and to the Federal land for the Great Basin College and the College of Southern Nevada; and (B) not later than 180 days after the receipt of certification of acceptable remediation of environmental conditions existing on the parcel to be conveyed for the University of Nevada, Las Vegas, convey to the System, without consideration, all right, title, and interest of the United States in and to the Federal land for the University of Nevada, Las Vegas. (2) Phases.--The Secretary may phase the conveyance of the Federal land under paragraph (1)(B) as remediation is completed. (b) Conditions.-- (1) In general.--As a condition of the conveyance under subsection (a)(1), the Board of Regents shall agree in writing-- (A) to pay any administrative costs associated with the conveyance, including the costs of any environmental, wildlife, cultural, or historical resources studies; (B) to use the Federal land conveyed for educational and recreational purposes; (C) to release and indemnify the United States from any claims or liabilities that may arise from uses carried out on the Federal land on or before the date of enactment of this Act by the United States or any person; (D) as soon as practicable after the date of the conveyance under subsection (a)(1), to erect at each of the Campuses an appropriate and centrally located monument that acknowledges the conveyance of the Federal land by the United States for the purpose of furthering the higher education of the citizens in the State; and (E) to assist the Bureau of Land Management in providing information to the students of the System and the citizens of the State on-- (i) public land (including the management of public land) in the Nation; and (ii) the role of the Bureau of Land Management in managing, preserving, and protecting the public land in the State. (2) Agreement with nellis air force base.--As a condition of the conveyance of the Federal land for the University of Nevada, Las Vegas under subsection (a)(1)(B), the Board of Regents shall enter into a cooperative interlocal agreement with Nellis Air Force Base that is consistent with the missions of the System and the United States Air Force. (c) Use of Federal Land.-- (1) In general.--The System may use the Federal land conveyed under subsection (a)(1) for-- (A) any purpose relating to the establishment, operation, growth, and maintenance of the System; and (B) any uses relating to the purposes, including residential and commercial development that would generally be associated with an institution of higher education. (2) Other entities.--The System may-- (A) consistent with Federal and State law, lease, or otherwise provide property or space at, the Campuses, with or without consideration, to religious, public interest, community, or other groups for services and events that are of interest to the System or to any community located in southern Nevada; (B) allow any other communities in southern Nevada to use facilities of the Campuses for educational and recreational programs of the community; and (C) in conjunction with the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County plan, finance (including through the provision of cost- share assistance), construct, and operate facilities for the city of Las Vegas, North Las Vegas, or Pahrump or Clark or Nye County on the Federal land conveyed for educational or recreational purposes consistent with this section. (d) Reversion.-- (1) In general.--If the Federal land or any portion of the Federal land conveyed under subsection (a)(1) ceases to be used for the System, the Federal land, or any portion of the Federal land shall, at the discretion of the Secretary, revert to the United States. (2) University of nevada, las vegas.--If the System fails to complete the first building or show progression toward development of the University of Nevada, Las Vegas campus on the applicable parcels of Federal land by the date that is 50 years after the date of receipt of certification of acceptable remediation of environmental conditions, the parcels of the Federal land described in section 3(3)(B) shall, at the discretion of the Secretary, revert to the United States.

Summary: Southern Nevada Higher Education Land Act of 2008 - Directs the Secretary of the Interior to convey three parcels of Bureau of Land Management (BLM) land to: (1) the Nevada System of Higher Education for the Great Basin College and the College of Southern Nevada; and (2) the System for the University of Nevada, Las Vegas. Specifies that the Nevada System of Higher Education may use the conveyed federal land for any purpose relating to the establishment, operation, growth, and maintenance of the System and for any uses related to such purposes, including residential and commercial development that would generally be associated with an institution of higher education.


SECTION 1. CODIFICATION AND MODIFICATION OF PERMANENT PROVISION RELATING TO BUY AMERICAN REQUIREMENTS. (a) Buy American Requirements.--(1) Chapter 148 of title 10, United States Code, is amended by inserting after section 2533 the following new section: ``Sec. 2533a. Requirement to buy certain articles from American sources; exceptions ``(a) Requirement.--Except as provided in subsections (c) through (g), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. ``(b) Covered Items.--An item referred to in subsection (a) is any of the following: ``(1) An article or item of-- ``(A) food; ``(B) clothing; ``(C) tents, tarpaulins, or covers; ``(D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or ``(E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. ``(2) Specialty metals, including stainless steel flatware. ``(3) Hand or measuring tools. ``(c) Exception.--The Secretary of Defense or the Secretary of the military department concerned may waive the requirement in subsection (a)-- ``(1) if such Secretary determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) or specialty metals (including stainless steel flatware) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices; ``(2) such Secretary has notified the Committees on Appropriations, Armed Services, and Small Business of the House of Representatives and the Senate; and ``(3) 30 days have elapsed since the date of the notification of such committees. ``(d) Exception for Certain Procurements Outside the United States.--Subsection (a) does not apply to the following: ``(1) Procurements outside the United States in support of combat operations. ``(2) Procurements by vessels in foreign waters. ``(3) Emergency procurements or procurements of perishable foods by an establishment located outside the United States for the personnel attached to such establishment. ``(e) Exception for Specialty Metals and Chemical Warfare Protective Clothing.--Subsection (a) does not preclude the procurement of specialty metals or chemical warfare protective clothing produced outside the United States if-- ``(1) such procurement is necessary-- ``(A) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or ``(B) in furtherance of agreements with foreign governments in which both such governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country; and ``(2) any such agreement with a foreign government complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with section 2457 of this title. ``(f) Exception for Certain Foods.--Subsection (a) does not preclude the procurement of foods manufactured or processed in the United States. ``(g) Exception for Small Purchases.--Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of this title. ``(h) Applicability to Contracts and Subcontracts for Procurement of Commercial Items.--This section is applicable to contracts and subcontracts for the procurement of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430). ``(i) Geographic Coverage.--In this section, the term `United States' includes the commonwealths, territories, and possessions of the United States.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2533 the following new item: ``2533a. Requirement to buy certain articles from American sources; exceptions.''. (b) Repeal of Source Provisions.--The following provisions of law are repealed: (1) Section 9005 of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 10 U.S.C. 2241 note). (2) Section 8109 of the Department of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 2241 note).

Summary: Codifies under Federal armed forces law certain provisions under prior defense appropriations Acts which prohibit funds appropriated or otherwise made available to the Department of Defense from being used to procure the following items if such items are not grown, reprocessed, reused, or produced in the United States: (1) food; (2) clothing; (3) tents, tarpaulins, or covers; (4) cotton and other natural fiber products, silk or silk blends, synthetic fabrics, canvas products, or wool; (5) any equipment manufactured from or containing such fibers, yarns, fabrics, or materials; (6) specialty metals, including stainless steel flatware; and (7) hand or measuring tools. Allows an exception: (1) when the item cannot be procured when needed (after certain congressional notification); (2) for certain procurements outside the United States; (3) for certain specialty metals and chemical warfare protective clothing procured outside the United States; (4) for foods manufactured or processed in the United States; and (5) for small purchases under the defense simplified acquisition threshold.Makes such prohibitions applicable to contracts for the procurement of commercial items under the Office of Federal Procurement Policy Act.