SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Information Recall Enhancement Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in an interview with ABC News on September 3, 2000, Secretary of Transportation Rodney Slater stated that he thinks there should be a law requiring that the United States be immediately notified of a foreign recall, ``especially in the global economy when you've got U.S. goods really being used by individuals around the world. We should know when there's a problem someplace else.''; (2) as of the date of enactment of this Act, there is no legal requirement for manufacturers of motor vehicles and their components to notify United States agencies of a recall issued in a foreign country; (3) between August 1999 and spring 2000, Ford Motor Company replaced Firestone tires on 46,912 vehicles in Saudi Arabia, Thailand, Malaysia, and South America; (4)(A) on May 2, 2000, the National Highway Traffic Safety Administration opened a preliminary evaluation into Firestone ATX, ATX II, and Wilderness AT tires after receiving 90 complaints, primarily from consumers in the Southeast and Southwest, about tread separations or blowouts; (B) as of September 2000, the National Highway Traffic Safety Administration has received over 1,400 complaints, including reports of more than 250 injuries and 88 deaths; and (C) some of the complaints date back to the early 1990s, and 797 of the complaints report that a tire failure took place between August 1, 1999, and August 9, 2000; and (5)(A) on August 9, 2000, Bridgestone/Firestone announced a United States recall of 6,500,000 ATX, ATX II, and Wilderness AT tires; and (B) that date was 3 months after the National Highway Traffic Safety Administration commenced its investigation and nearly 9 months after Ford Motor Company initiated the replacement of the tires in foreign countries. (b) Purpose.--The purpose of this Act is to ensure that defects in motor vehicles or replacement equipment in foreign countries are quickly, accurately, and truthfully reported to the United States Secretary of Transportation in cases in which-- (1) the motor vehicles or replacement equipment is manufactured for export to the United States; or (2) the motor vehicles or replacement equipment is manufactured in the United States using a manufacturing process that is the same as, or similar to, the manufacturing process used in the foreign country, with the result that the motor vehicles or replacement equipment manufactured in the United States may also be defective. SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION WITH REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1036. Penalties in connection with reporting of defects in foreign motor vehicle products ``(a) Definitions.-- ``(1) Foreign motor vehicle product.--The term `foreign motor vehicle product' means a motor vehicle or replacement equipment that-- ``(A) is manufactured in a foreign country for export to the United States; or ``(B) is manufactured in a foreign country using a manufacturing process that is the same as, or similar to, a manufacturing process used in the United States for a motor vehicle or replacement equipment. ``(2) Other terms.--The terms `defect', `manufacturer', `motor vehicle', and `replacement equipment' have the meanings given the terms in section 30102 of title 49. ``(b) Criminal Penalty.--A manufacturer of a foreign motor vehicle product, or an officer or employee of such a manufacturer, that, in connection with a report required to be filed under section 30118(f) of title 49, willfully-- ``(1) falsifies or conceals a material fact; ``(2) makes a materially false, fictitious, or fraudulent statement or representation; or ``(3) makes or uses a false writing or document knowing that the writing or document contains any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years, or both. ``(c) Civil Penalty.-- ``(1) In general.--In addition to any civil penalty that may be assessed under chapter 301 of title 49, a manufacturer that violates section 30118(f) of title 49 shall be subject to a civil penalty of not more than $500,000 for each day of the violation. ``(2) Compromise of penalty.--The Attorney General may compromise the amount of a civil penalty imposed under paragraph (1). ``(3) Determination of amount.--In determining the amount of a civil penalty or compromise under this subsection, the Attorney General shall consider-- ``(A) the appropriateness of the penalty or compromise in relation to the size of the business of the manufacturer liable for the penalty; and ``(B) the gravity of the violation. ``(4) Deduction of amount of penalty.--The United States Government may deduct the amount of the civil penalty imposed or compromised under this section from any amount that the Government owes the manufacturer liable for the penalty.''. (b) Conforming Amendment.--The analysis for chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1036. Penalties in connection with reporting of defects in foreign motor vehicle products.''. SEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS. Section 30118 of title 49, United States Code, is amended by adding at the end the following: ``(f) Reporting of Defects in Foreign Motor Vehicle Products.-- ``(1) Definition of foreign motor vehicle product.--The term `foreign motor vehicle product' means a motor vehicle or replacement equipment that-- ``(A) is manufactured in a foreign country for export to the United States; or ``(B) is manufactured in a foreign country using a manufacturing process that is the same as, or similar to, a manufacturing process used in the United States for a motor vehicle or replacement equipment. ``(2) Reporting of defects.-- ``(A) Initial report.--Not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, the manufacturer of the foreign motor vehicle product shall report the determination to the Secretary. ``(B) Written report.-- ``(i) In general.--Not later than 5 days after the end of the 48-hour period described in subparagraph (A), the manufacturer shall submit to the Secretary a written report that meets the requirements of clause (ii). ``(ii) Contents of written report.--A written report under clause (i) shall contain-- ``(I) a description of the foreign motor vehicle product that is the subject of the report; ``(II) a description of-- ``(aa) the determination of the defect by the government of the foreign country or by the manufacturer of a foreign motor vehicle product; and ``(bb) any measures that the government requires to be taken, or the manufacturer determines should be taken, to obtain a remedy of the defect; ``(III) information concerning any serious injuries or fatalities possibly resulting from the defect; and ``(IV) such other information as the Secretary determines to be appropriate. ``(3) Reporting of possible defects.--Upon making a determination that there have been a significant number of serious injuries or fatalities in a foreign country that could have resulted from a defect in a foreign motor vehicle product that could be related to motor vehicle safety (as determined in accordance with regulations promulgated by the Secretary), the manufacturer of the foreign motor vehicle product shall report the determination to the Secretary in such manner as the Secretary establishes by regulation.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on the date that is 180 days after the date of enactment of this Act.

Summary: Amends Federal transportation law to require a manufacturer, not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, to report such determination to the Secretary of Transportation. Sets forth similar requirements with respect to the reporting of possible defects in such vehicle or equipment that have resulted in a significant number of serious injuries or fatalities in a foreign country. Sets forth both criminal and civil penalties for manufacturers of foreign motor vehicle products who falsify information with respect to, or otherwise violate, the reporting requirements contained in this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Hibben Center for Archaeological Research Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) when the Chaco Culture National Historical Park was established in 1907 as the Chaco Canyon National Monument, the University of New Mexico owned a significant portion of the land located within the boundaries of the Park; (2) during the period from the 1920's to 1947, the University of New Mexico conducted archaeological research in the Chaco Culture National Historical Park; (3) in 1949, the University of New Mexico-- (A) conveyed to the United States all right, title, and interest of the University in and to the land in the Park; and (B) entered into a memorandum of agreement with the National Park Service establishing a research partnership with the Park; (4) since 1971, the Chaco Culture National Historical Park, through memoranda of understanding and cooperative agreements with the University of New Mexico, has maintained a research museum collection and archive at the University; (5) both the Park and the University have large, significant archaeological research collections stored at the University in multiple, inadequate, inaccessible, and cramped repositories; and (6) insufficient storage at the University makes research on and management, preservation, and conservation of the archaeological research collections difficult. SEC. 3. DEFINITIONS. In this Act: (1) Hibben center.--The term ``Hibben Center'' means the Hibben Center for Archaeological Research to be constructed at the University under section 4(a). (2) Park.--The term ``Park'' means the Chaco Culture National Historical Park in the State of New Mexico. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Tenant improvement.--The term ``tenant improvement'' includes-- (A) finishing the interior portion of the Hibben Center leased by the National Park Service under section 4(c)(1); and (B) installing in that portion of the Hibben Center-- (i) permanent fixtures; and (ii) portable storage units and other removable objects. (5) University.--The term ``University'' means the University of New Mexico. SEC. 4. HIBBEN CENTER FOR ARCHAEOLOGICAL RESEARCH. (a) Establishment.--The Secretary may, in cooperation with the University, construct and occupy a portion of the Hibben Center for Archaeological Research at the University. (b) Grants.-- (1) In general.--The Secretary may provide to the University a grant to pay the Federal share of the construction and related costs for the Hibben Center under paragraph (2). (2) Federal share.--The Federal share of the construction and related costs for the Hibben Center shall be 37 percent. (3) Limitation.--Amounts provided under paragraph (1) shall not be used to pay any costs to design, construct, and furnish the tenant improvements under subsection (c)(2). (c) Lease.-- (1) In general.--Before funds made available under section 5 may be expended for construction costs under subsection (b)(1) or for the costs for tenant improvements under paragraph (2), the University shall offer to enter into a long-term lease with the United States that-- (A) provides to the National Park Service space in the Hibben Center for storage, research, and offices; and (B) is acceptable to the Secretary. (2) Tenant improvements.--The Secretary may design, construct, and furnish tenant improvements for, and pay any moving costs relating to, the portion of the Hibben Center leased to the National Park Service under paragraph (1). (d) Cooperative Agreements.--To encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, the Secretary may enter into cooperative agreements with the University, other units of the National Park System, other Federal agencies, and Indian tribes for-- (1) the curation of and conduct of research on artifacts in the museum collection described in section 2(4); and (2) the development, use, management, and operation of the portion of the Hibben Center leased to the National Park Service under subsection (c)(1). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated-- (1) to pay the Federal share of the construction costs under section 4(b), $1,574,000; and (2) to pay the costs of carrying out section 4(c)(2), $2,198,000. (b) Availability.--Amounts made available under subsection (a) shall remain available until expended. (c) Reversion.--If the lease described in section 4(c)(1) is not executed by the date that is 2 years after the date of enactment of this Act, any amounts made available under subsection (a) shall revert to the Treasury of the United States.

Summary: Hibben Center for Archaeological Research Act of 2002 - Authorizes the Secretary of the Interior to: (1) construct and occupy a portion of the Hibben Center for Archaeological Research at the University of New Mexico; (2) provide a grant to the University to pay the Federal share of construction and related costs for the Center; and (3) furnish specified tenant improvements to the portion of the Center leased to the National Park Service (NPS).Requires the University, before funds available under this Act may be expended for construction or tenant improvement costs, to offer to enter into a long-term lease with the United States that: (1) provides to NPS space in the Center for storage, research, and offices; and (2) is acceptable to the Secretary.Authorizes the Secretary, in order to encourage collaborative management of the Chacoan archaeological objects associated with northwestern New Mexico, to enter into cooperative agreements with the University, other NPS units, other Federal agencies, and Indian tribes for: (1) the curation and conduct of research on artifacts in the research museum collection and archive at the University; and (2) the development, use, management, and operation of the portion of the Center leased to NPS.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Discretionary Spending Control Act of 2004''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Discretionary Spending Limits.--(1) Section 251(c)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (relating to fiscal year 2004) is amended-- (A) in subparagraph (A), by striking ``$31,834,000,000'' and inserting ``$28,052,000,000''; and (B) in subparagraph (B), by striking ``$1,462,000,000'' and inserting ``$1,436,000,000'' and by striking ``$6,629,000,000'' and inserting ``$6,271,000,000''. (2) Section 251(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2005'', by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the general purpose discretionary category: $817,726,000,000 in new budget authority and $866,056,000,000 in outlays; ``(B) for the highway category: $30,585,000,000 in outlays; and ``(C) for the mass transit category: $1,554,000,000 in new budget authority and $6,787,000,000 in outlays; and''. (3) Section 251(c)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting a dash after ``2006'', by redesignating the remaining portion of such paragraph as subparagraph (D) and by moving it two ems to the right, and by inserting after the dash the following new subparagraphs: ``(A) for the general purpose discretionary category: $831,417,000,000 in new budget authority and $846,280,000,000 in outlays; ``(B) for the highway category: $33,271,000,000 in outlays; and ``(C) for the mass transit category: $1,671,000,000 in new budget authority and $7,585,000,000 in outlays; and''. (4) Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating paragraphs (4) through (9) as paragraphs (7) through (12) and inserting after paragraph (3) the following new paragraphs: ``(4) with respect to fiscal year 2007-- ``(A) for the highway category: $35,248,000,000 in outlays; and ``(B) for the mass transit category: $1,785,000,000 in new budget authority and $8,110,000,000 in outlays; ``(5) with respect to fiscal year 2008-- ``(A) for the highway category: $36,587,000,000 in outlays; and ``(B) for the mass transit category: $1,890,000,000 in new budget authority and $8,517,000,000 in outlays; and ``(6) with respect to fiscal year 2009-- ``(A) for the highway category: $37,682,000,000 in outlays; and ``(B) for the mass transit category: $2,017,000,000 in new budget authority and $8,968,000,000 in outlays;''. (b) Definitions.--Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subparagraph (B), by-- (A) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003'' and inserting ``the Transportation Equity Act: A Legacy for Users''; and (B) inserting before the period at the end the following new clauses: ``(v) 69-8158-0-7-401 (Motor Carrier Safety Grants). ``(vi) 69-8159-0-7-401 (Motor Carrier Safety Operations and Programs).''; (2) in subparagraph (C), by-- (A) inserting ``(and successor accounts)'' after ``budget accounts''; and (B) striking ``the Transportation Equity Act for the 21st Century and the Surface Transportation Extension Act of 2003 or for which appropriations are provided pursuant to authorizations contained in those Acts (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by the Transportation Equity Act for the 21st Century, shall not be included in this category)'' and inserting ``the Transportation Equity Act: A Legacy for Users or for which appropriations are provided pursuant to authorizations contained in that Act''; and (3) in subparagraph (D)(ii), by striking ``section 8103 of the Transportation Equity Act for the 21st Century'' and inserting ``section 8103 of the Transportation Equity Act: A Legacy for Users''. SEC. 3. ADJUSTMENTS TO ALIGN HIGHWAY SPENDING WITH REVENUES. Subparagraphs (B) through (E) of section 251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended to read as follows: ``(B) Adjustment to align highway spending with revenues.--(i) When the President submits the budget under section 1105 of title 31, United States Code, OMB shall calculate and the budget shall make adjustments to the highway category for the budget year and each outyear as provided in clause (ii)(I)(cc). ``(ii)(I)(aa) OMB shall take the actual level of highway receipts for the year before the current year and subtract the sum of the estimated level of highway receipts in subclause (II) plus any amount previously calculated under item (bb) for that year. ``(bb) OMB shall take the current estimate of highway receipts for the current year and subtract the estimated level of receipts for that year. ``(cc) OMB shall add one-half of the sum of the amount calculated under items (aa) and (bb) to the obligation limitations set forth in the section 8103 of the Transportation Equity Act: A Legacy for Users and, using current estimates, calculate the outlay change resulting from the change in obligations for the budget year and the first outyear and the outlays flowing therefrom through subsequent fiscal years. After making the calculations under the preceding sentence, OMB shall adjust the amount of obligations set forth in that section for the budget year and the first outyear by adding one-half of the sum of the amount calculated under items (aa) and (bb) to each such year. ``(II) The estimated level of highway receipts for the purposes of this clause are-- ``(aa) for fiscal year 2004, $30,572,000,000; ``(bb) for fiscal year 2005, $34,260,000,000; ``(cc) for fiscal year 2006, $35,586,000,000; ``(dd) for fiscal year 2007, $36,570,000,000; ``(ee) for fiscal year 2008, $37,603,000,000; and ``(ff) for fiscal year 2009, $38,651,000,000. ``(III) In this clause, the term `highway receipts' means the governmental receipts credited to the highway account of the Highway Trust Fund. ``(C) In addition to the adjustment required by subparagraph (B), when the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall calculate and the budget shall include for the budget year and each outyear an adjustment to the limits on outlays for the highway category and the mass transit category equal to-- ``(i) the outlays for the applicable category calculated assuming obligation levels consistent with the estimates prepared pursuant to subparagraph (D), as adjusted, using current technical assumptions; minus ``(ii) the outlays for the applicable category set forth in the subparagraph (D) estimates, as adjusted. ``(D)(i) When OMB and CBO submit their final sequester report for fiscal year 2004, that report shall include an estimate of the outlays for each of the categories that would result in fiscal years 2005 through 2009 from obligations at the levels specified in section 8103 of the Transportation Equity Act: A Legacy for Users using current assumptions. ``(ii) When the President submits the budget under section 1105 of title 31, United States Code, for fiscal year 2006, 2007, 2008, or 2009, OMB shall adjust the estimates made in clause (i) by the adjustments by subparagraphs (B) and (C). ``(E) OMB shall consult with the Committees on the Budget and include a report on adjustments under subparagraphs (B) and (C) in the preview report.''. SEC. 4. LEVEL OF OBLIGATION LIMITATIONS. (a) Highway Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the highway category is-- (1) for fiscal year 2004, $34,309,000,000; (2) for fiscal year 2005, $35,671,000,000; (3) for fiscal year 2006, $36,719,000,000; (4) for fiscal year 2007, $37,800,000,000; (5) for fiscal year 2008, $38,913,000,000; and (6) for fiscal year 2009, $40,061,000,000. (b) Mass Transit Category.--For the purposes of section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the level of obligation limitations for the mass transit category is-- (1) for fiscal year 2004, $7,266,000,000; (2) for fiscal year 2005, $7,750,000,000; (3) for fiscal year 2006, $8,266,000,000; (4) for fiscal year 2007, $8,816,000,000; (5) for fiscal year 2008, $9,403,000,000; and (6) for fiscal year 2009, $10,029,000,000. For purposes of this subsection, the term ``obligation limitations'' means the sum of budget authority and obligation limitations. SEC. 5. ADVANCE APPROPRIATIONS. Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(d) Advance Appropriations.--In any of fiscal years 2005 through 2007, discretionary advance appropriations provided in appropriation Acts in excess of $23,558,000,000 shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted.''. SEC. 6. DEFINITIONS. (a) In General.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraphs: ``(20) The term `advance appropriation' means appropriations that first become available one fiscal year or more beyond the fiscal year for which an appropriation Act making such funds available is enacted. ``(21)(A) Except as provided by subparagraph (B), the term `emergency requirement' means any provision that provides new budget authority and resulting outlays for a situation that poses a threat to life, property, or national security and is-- ``(i) sudden, quickly coming into being, and not building up over time; ``(ii) an urgent, pressing, and compelling need requiring immediate action; ``(iii) subject to subparagraph (B), unforeseen, unpredictable, and unanticipated; and ``(iv) not permanent, temporary in nature. ``(B) An emergency that is part of an aggregate level of anticipated emergencies, particularly when normally estimated in advance, is not unforeseen.''. (b) Fire Suppression; Contingency Operations Related to Global War on Terrorism.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(I) Fire suppression.--(i) If a bill or joint resolution is enacted that provides new budget authority for wildland fire suppression for fiscal year 2005 or fiscal year 2006 that would cause the level of total new budget authority for wildland fire suppression to exceed the base amount for that fiscal year, the adjustment for that fiscal year shall be the additional new budget authority provided for such purpose and the additional outlays flowing from such amounts, but shall not exceed-- ``(I) for the Forest Service for fiscal year 2005 or fiscal year 2006 (as applicable), $400,000,000; and ``(II) for the Department of the Interior for fiscal year 2005 or fiscal year 2006 (as applicable), $100,000,000. ``(ii) For this subparagraph, the term ``base amount'' refers to the average of the obligations of the 10 fiscal years preceding the current year for wildfire suppression in the Forest Service and in the Department of the Interior, as calculated by OMB, but for fiscal year 2005 the base amount is $880,000,000. ``(J) Contingency operations related to global war on terrorism.--If, for fiscal year 2005, supplemental appropriations for discretionary accounts are enacted for contingency operations related to the global war on terrorism that, pursuant to this subparagraph, the President designates as a contingency operation related to the global war on terrorism and the Congress so designates in statute, the adjustment shall be the total of such appropriations in discretionary accounts so designated, but not to exceed $50,000,000,000, and the outlays flowing in all fiscal years from such appropriations.''. (c) Conforming Amendment.--The second sentence of section 250(c)(4)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``The general purpose discretionary category shall consist of accounts designated in the joint explanatory statement of managers accompanying the conference report on the Spending Control Act of 2004.''. SEC. 7. PROJECTIONS UNDER SECTION 257. Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after paragraph (6) the following new paragraph: ``(7) Emergencies.--New budgetary resources designated under section 251(b)(2)(A) or 251(b)(2)(J) shall not be assumed beyond the fiscal year for which they have been enacted.''. SEC. 8. REPORTS. Subsections (c)(2) and (f)(2)(A) of section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of enforcing the discretionary spending limits for the highway and mass transit categories)''. SEC. 9. EXPIRATION. Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2006 (or 2009 solely for purposes of enforcing the discretionary spending limits for the highway and mass transit categories)''.

Summary: Discretionary Spending Control Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to: (1) revise for FY 2004 discretionary spending limits (spending caps) for the highway and mass transit categories; (2) set forth for FY 2005 and 2006 new budget authority and outlays for the general purpose discretionary category, outlays for the highway category and new budget authority and outlays for the mass transit category; and (3) set forth for FY 2007 through 2009 outlays for the highway category and new budget authority and outlays for the mass transit category. Revises the requirement that the Office of Management and Budget (OMB) make adjustments to the highway category to conform to estimated levels of highway receipts. Sets forth the level of obligation limitations (sum of budget authority and obligation limitations) for the highway and mass transit categories for FY 2004 through 2009. Provides that, in any of FY 2005 through 2006, discretionary advance appropriations provided in appropriation Acts in excess of $23,558 billion shall be counted against the discretionary spending limits for the fiscal year for which the appropriation Act containing the advance appropriation is enacted. Provides, under specified conditions, for additional new budget authority in FY 2005 or 2005 for fire suppression and for an adjustment in the discretionary spending limit for FY 2005 for supplemental appropriations for the global war on terrorism. Requires the estimates set forth in the discretionary sequestration preview and final reports issued by OMB and the Congressional Budget Office (CBO) to include the current year and each subsequent year through FY 2006 (or FY 2009 solely to enforce the discretionary spending limits for the highway and mass transit categories). Extends certain budget enforcement requirements through FY 2006 (or 2009 for enforcing the spending caps for the highway and mass transit categories).


SECTION 1. SHORT TITLE. This Act may be cited as the ``Occupational Safety and Health- Fairness Act of 2003''. SEC. 2. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT. (a) Citation.--The second sentence of section 10(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(a)) is amended by inserting ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)'' after ``assessment of penalty''. (b) Failure to Correct.--The second sentence of section 10(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 659(b)) is amended by inserting ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)'' after ``assessment of penalty''. SEC. 3. WILLFUL VIOLATIONS. Section 17(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(a)) is amended by inserting at the end, ``A violation is willful only if the employer (1) knew that the alleged condition violated a standard, rule, order or regulation and, without a good faith belief in the legality in its conduct, knowingly disregarded the requirement of the standard, rule, order, or regulation, or (2) knew that employees were, or that it was reasonably predictable that employees would be, exposed to a hazard causing or likely to cause death or serious physical injury and recklessly disregarded the exposure of employees to that hazard.''. SEC. 4. FAIRNESS OF PENALTY ASSESSMENT Section 17(j) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 666(j)) is amended-- (1) by inserting the words, ``and de novo'' after the word ``due''; and (2) striking all after the word ``consideration'' and inserting in lieu thereof: ``to the evidence of the appropriateness of the penalty with respect to at least the following factors: ``(1) the size and financial condition of the business of the employer; ``(2) the gravity of the violation, considering the probability of harm, the nature and extent of the harm, the number of affected employees, and other relevant factors; ``(3) the good faith of the employer, including the employer's good faith efforts to comply or abate; ``(4) the history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and at construction worksites within the same State; and ``(5) the degree of responsibility or culpability for the violation of the employer, the employees, and/or other persons.''. SEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. (a) Amendments.--Section 12 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 661) is amended as follows: (1) In subsection (a), by striking the word ``three'' and inserting in lieu thereof, the word ``five;'' and inserting before the word ``training'' the word ``legal''. (2) In subsection (b) by striking all after the words ``except that'' and inserting in lieu thereof, ``the President may extend the term of a member to allow a continuation in service at the pleasure of the President after the expiration of that member's term until a successor nominated by the President has been confirmed to serve. Any vacancy caused by the death, resignation, or removal of a member before the expiration of a term, for which he or she was appointed shall be filled only for the remainder of such expired term. A member of the Commission may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. (3) Subsection (f) is amended to read as follows: ``(f) The Chairman of the Commission is authorized to delegate to any panel of three or more members any or all of the powers of the Commission. For the purpose of carrying out its functions under this chapter, 3 members of the Commission shall constitute a quorum, except that 2 members shall constitute a quorum for any sub-panel designated by the Chairman under this subsection.''. (b) New Positions.--Of the two vacancies for membership on the Commission created by this section, one shall be filled by the President for a term expiring on April 27, 2006, and the other shall be filled by the President for a term expiring on April 27, 2008. SEC. 6. AWARD OF ATTORNEY'S FEES AND COSTS. The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 and following) is amended by redesignating section 32 through 34 as 33 through 35 and inserting the following new section after section 31: ``SEC. 32. AWARD OF ATTORNEYS' FEES AND COSTS. ``(a) Administrative Proceedings.--An employer who-- ``(1) is the prevailing party in any adversary adjudication instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,500,000 at the time of the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Secretary was substantially justified or special circumstances make an award unjust. For purposes of this section the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Proceedings.-- An employer who-- ``(1) is the prevailing party in any proceeding for judicial review of any action instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $1,500,000 at the time the action addressed under subsection (1) was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) of this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. ``(c) Applicability.-- ``(1) Commission proceedings.--Subsection (a) of this section applies to proceedings commenced on or after the date of enactment of this Act. ``(2) Court proceedings.--Subsection (b) of this section applies to proceedings for judicial review commenced on or after the date of enactment of this Act.''. SEC. 7. INDEPENDENT REVIEW. Section 11(a) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660) is amended by adding the following at the end thereof: ``The conclusions of the Commission with respect to all questions of law shall be given deference if reasonable.''.

Summary: Occupational Safety and Health Fairness Act of 2003 - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties.Exempts employers from a 15-day deadline for notifying the Secretary of Labor of their intent to contest OSHA citations, notices of uncorrected violations, and proposed penalties, if their failure to meet such deadline results from mistake, inadvertence, surprise, or excusable neglect.Limits what may be considered willful violations under OSHA.Requires the Occupational Safety and Health Review Commission (OSHRC) to give de novo consideration to evidence of the penalty's appropriateness with respect to these factors: (1) size and financial condition of the business of the employer; (2) gravity of the violation, considering probability of harm, nature and extent of the harm, number of affected employees, and other relevant factors; (3) employer's good faith, including efforts to comply or abate; (4) history and recentness of substantially similar previous violations of the cited employer at the same nonconstruction worksite and construction worksites in the same State; and (5) the employer's, employees', or other persons' degree of responsibility or culpability for the violation.Increases OSHRC membership from three to five.Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees; and (2) $1,500,000 net worth.Revises judicial review provisions to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Volunteerism Enhancement Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The tragic events of September 11, 2001 demonstrated the need for citizen preparedness to prevent and respond to acts of terrorism. (2) The people of the United States responded to the tragic events of September 11, 2001 with courage and compassion as well as a renewed commitment and desire to help others. (3) The changing threat and issues that face the Nation call for the mobilization and effective use of citizenry in times of need. (4) Existing volunteer organizations, including the Coast Guard Auxiliary, have been very successful in providing a wide range of administrative and operational opportunities for citizen participation. (b) Purpose.--The purpose of this Act is to authorize the Secretary of Homeland Security to recruit and use volunteers to support homeland security efforts. SEC. 3. CITIZEN CORPS; BORDER CORPS. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following: ``SEC. 890A. CITIZEN CORPS. ``(a) Establishment.--The Secretary shall establish, as a component of the USA Freedom Corps established by Executive Order 13254, a program to be known as the `Citizen Corps' to coordinate homeland security volunteer activities. ``(b) Office of State and Local Government Coordination and Preparedness.--The Citizen Corps shall be headed by the Director of the Office of State and Local Government Coordination and Preparedness. ``(c) Volunteer Authority.--As part of the Citizen Corps established in subsection (a), the Secretary may recruit, train, and accept the services of volunteers notwithstanding section 1342 of title 31, United States Code. ``SEC. 890B. BORDER CORPS. ``(a) Establishment.--The Secretary shall establish a Border Corps, to be administered by the Commissioner of the Bureau of Customs and Border Protection. The Border Corps shall be an organization under the Citizen Corps. The Secretary shall recruit, train, and accept for enrollment the members of the Border Corps. ``(b) Volunteers.--Members of the Border Corps shall be volunteers who agree to contribute services without compensation. Section 1342 of title 31, United States Code, shall not apply to the acceptance of voluntary services by members of the Border Corps. ``(c) Duties.-- ``(1) In general.--The Border Corps shall assist the United States Border Patrol in carrying out its mission, to the extent authorized by the Secretary. ``(2) Focus.--Members of the Border Corps shall be assigned duties primarily in the areas of surveillance (responding to electronic sensor alarms and aircraft sightings, manning remote video surveillance camera systems), communications (using radio, cellular, and satellite communications equipment to assist Border Patrol agents in rapid response), transportation, and administrative support. ``(3) Additional duties.--Members of the Border Corps may also assist the Border Patrol in the following areas of United States Border Patrol operations: ``(A) Line watch operations to prevent illegal entry and smuggling. ``(B) Signcutting operations to detect and interpret disturbances in natural terrain conditions that indicate the presence or passage of people, animals, or vehicles. ``(C) Traffic checkpoints to detect aliens unlawfully traveling into the interior of the United States and to detect illegal narcotics. ``(D) Air operations. ``(E) Marine patrol. ``(F) Horse and bike patrol. ``(d) Status.-- ``(1) Not federal employees.--Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those provisions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. ``(2) Exceptions.--A member of the Border Corps while assigned to duty shall be deemed to be a Federal employee only for the following purposes: ``(A) Chapter 26 of title 28, United States Code. ``(B) Subchapter I of chapter 81 of title 5, United States Code. ``(C) Claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31, United States Code, shall apply. ``(3) Standards.--Nothing in this subsection shall constrain the Secretary from prescribing standards for the conduct and behavior of members of the Border Corps. ``(e) Eligibility.-- ``(1) In general.--All citizens and legal permanent residents of the United States over 18 years of age shall be eligible to serve in the Border Corps. ``(2) Background check.--All volunteers must undergo a background check in accordance with procedures established by the Secretary. ``(f) Training.--The Secretary shall create a training and certification program for Border Corps volunteers in accordance with the specific tasks and functions in which they participate. ``(g) Travel Expenses.--When any member of the Border Corps is assigned to such duty the member may, pursuant to regulations issued by the Secretary, be paid actual necessary traveling expenses, including a per diem allowance in lieu of subsistence in conformity with standardized Federal Government travel regulations, while traveling and while on duty away from home. No per diem shall be paid for any period during which quarters and subsistence in kind are furnished by the Federal Government. ``(h) Disenrollment.--Members of the Border Corps may be disenrolled at any time, with or without cause, by the Secretary or the member. ``(i) Border Patrol Staffing.-- ``(1) In general.--In accepting the services of individuals as volunteers through the Border Corps program, the Secretary shall not permit the use of volunteers to displace any employee. ``(2) Authorization for increase in border patrol agents.-- The Secretary shall increase the number of full-time active- duty Border Patrol agents in accordance with section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734).''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by adding after the item relating to section 890 the following: ``Sec. 890A. Citizen corps. ``Sec. 890B. Border corps.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Citizen Corps.--There are authorized to be appropriated to carry out section 890A of the Homeland Security Act of 2002, as added by section 3 of this Act, $50,000,000 for each of fiscal years 2007 through 2012. (b) Border Corps.--There are authorized to be appropriated to carry out section 890B of the Homeland Security Act of 2002, as added by section 3 of this Act, $20,000,000 for each of fiscal years 2007 through 2012.

Summary: Homeland Security Volunteerism Enhancement Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a Citizens Corps, as a component of the USA Freedom Corps, to coordinate homeland security volunteer activities; and (2) a Border Corps as a volunteer organization to assist the U.S. Border Patrol in carrying out its mission.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund Recycling Equity Act of 1995''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to promote the reuse and recycling of scrap material, in furtherance of the goals of waste minimization and natural resource conservation, while protecting human health and the environment; (2) to level the playing field between the use of virgin materials and recycled materials; and (3) to remove the disincentives and impediments to recycling created by potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). SEC. 3. CLARIFICATION OF LIABILITY UNDER CERCLA FOR RECYCLING TRANSACTIONS. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following: ``SEC. 127. RECYCLING TRANSACTIONS. ``(a) Definitions.--In this section: ``(1) Consuming facility.--The term `consuming facility' means a facility where recyclable material is handled, processed, reclaimed, or otherwise managed by a person other than a person who arranges for the recycling of the recyclable material. ``(2) Recyclable material.-- ``(A) In general.--Subject to subparagraph (B), the term `recyclable material' means scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber (other than whole tires), scrap metal, or spent lead- acid, spent nickel-cadmium, or other spent batteries, as well as minor quantities of material incident to or adhering to the scrap or spent material as a result of the normal and customary use of the material prior to the material becoming scrap or spent material. ``(B) PCBs.--The term `recyclable material' does not include a material that contains polychlorinated biphenyls in excess of-- ``(i) 50 parts per million; or ``(ii) any standard promulgated under Federal law after the date of enactment of this section. ``(3) Scrap metal.--The term `scrap metal' means 1 or more bits or pieces of metal parts (such as a bar, turning, rod, sheet, or wire), or 1 or more metal pieces that may be combined together with bolts or soldering (such as a radiator, scrap automobile, or railroad box car), that, when worn or superfluous, can be recycled, except for-- ``(A) a material that the Administrator excludes from the definition of scrap metal by regulation; and ``(B) a steel shipping container with a capacity of not less than 30 and not more than 3,000 liters, whether intact or not, that has any hazardous substance (but not metal bits or pieces) contained in or adhering to the container. ``(b) Limitation on Liability.-- ``(1) In general.--Subject to subsection (c), a person who arranges for the recycling of recyclable material shall not be liable under paragraph (3) or (4) of section 107(a). ``(2) Transactions deemed to be recycling of a recyclable material.--For purposes of this section, a transaction involving a recyclable material is considered to be arranging for recycling of recyclable material if the person arranging for the transaction can demonstrate, by a preponderance of the evidence, that, at the time of the transaction-- ``(A) the recyclable material met a commercial specification grade; ``(B) a market existed for the recyclable material; ``(C) a substantial portion of the recyclable material was made available for use as a feedstock for the manufacture of a new salable product; ``(D) the recyclable material could have been a replacement or substitute for a virgin raw material, or the product to be made from the recyclable material could have been a replacement or substitute for a product made, in whole or in part, from a virgin raw material; ``(E) in the case of a transaction occurring not later than 90 days after the date of enactment of this section, the person exercises reasonable care to determine that the consuming facility was in compliance with any substantive (and not procedural or administrative) provision of Federal, State, or local environmental law or regulation, and any compliance order or decree issued pursuant to the law or regulation, applicable to the handling, processing, reclamation, storage, or other management activity associated with the recyclable material; ``(F) in the case of a transaction involving scrap metal-- ``(i) in the case of a transaction occurring after the effective date of the issuance of a regulation or standard regarding the storage, transport, management, or other activity associated with the recycling of scrap metal that the Administrator promulgates under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) subsequent to the date of enactment of this section, the person acted in compliance with the regulation or standard; and ``(ii) the person did not melt the scrap metal prior to the transaction; and ``(G) in the case of a transaction involving a battery-- ``(i) the person did not recover the valuable components of the battery; ``(ii) in the case of a transaction involving a lead-acid battery, the person acted in compliance with any applicable Federal environmental regulation or standard regarding the storage, transport, management, or other activity associated with the recycling of a spent lead-acid battery; ``(iii) in the case of a transaction involving a nickel-cadmium battery-- ``(I) a Federal environmental regulation or standard is in effect regarding the storage, transport, management, or other activity associated with the recycling of a spent nickel-cadmium battery; and ``(II) the person acted in compliance with the regulation or standard; and ``(iv) with respect to a transaction involving a spent battery other than a lead- acid or nickel-cadmium battery-- ``(I) a Federal environmental regulation or standard is in effect regarding the storage, transport, management, or other activity associated with the recycling of the spent battery; and ``(II) the person acted in compliance with the regulation or standard. ``(3) Sweating.--For purposes of paragraph (2)(F)(ii), melting of scrap metal does not include the thermal separation of 2 or more materials due to differences in the melting points of the materials. ``(4) Processing of battery by third person.--For purposes of paragraph (2)(G)(i), a person who, by contract, arranges or pays for processing of a battery by an unrelated third person, and receives from the third person materials reclaimed from the battery, shall be considered not to have recovered the valuable components of the battery. ``(5) Reasonable care.--For purposes of paragraph (2)(E), reasonable care shall be determined using criteria that include-- ``(A) the price paid to or received by the person in the recycling transaction; ``(B) the ability of the person to detect the nature of the operations of the consuming facility concerning the handling, processing, reclamation, or other management activities associated with the recyclable material; and ``(C) the result of any inquiry made to an appropriate Federal, State, or local environmental agency regarding the past and current compliance of the consuming facility with substantive (and not procedural or administrative) provisions of Federal, State, and local environmental laws and regulations, and any compliance order or decree issued pursuant to the laws and regulations, applicable to the handling, processing, reclamation, storage, or other management activity associated with the recyclable material. ``(c) Exclusion From Limitation on Liability.-- ``(1) In general.--Subsection (b) shall not apply if the person arranging for recycling of a recyclable material-- ``(A) had an objectively reasonable basis to believe at the time of the recycling transaction that-- ``(i) the recyclable material would not be recycled; ``(ii) the recyclable material would be burned as fuel, or for energy recovery or incineration; or ``(iii) in the case of a transaction occurring not later than 90 days after the date of the enactment of this section, the consuming facility acting not in compliance with a substantive (and not a procedural or administrative) provision of any Federal, State, or local environmental law or regulation, or a compliance order or decree issued pursuant to the law or regulation, applicable to the handling, processing, reclamation, or other management activity associated with the recyclable material; ``(B) added a hazardous substance to the recyclable material for purposes other than processing for recycling; or ``(C) failed to exercise reasonable care with respect to the management or handling of the recyclable material. ``(2) Reasonable basis for belief.--For purposes of paragraph (1)(A), an objectively reasonable basis for belief shall be determined using criteria that include-- ``(A) the size of any business owned by the person; ``(B) the customary industry practices for any business owned by the person; ``(C) the price paid to or received by the person in the recycling transaction; ``(D) the ability of the person to detect the nature of the operations of the consuming facility concerning the handling, processing, reclamation, or other management activities associated with the recyclable material. ``(c) Permit Requirement.--For the purposes of this section, a requirement to obtain a permit applicable to the handling, processing, reclamation, or other management activity associated with a recyclable material shall be considered to be a substantive provision. ``(d) Regulations.--The Administrator may issue regulations to carry out this section. ``(e) Liability for Attorney Fees for Certain Actions.--Any person who commences an action for contribution against a person who is alleged to be liable under this Act but is found not to be liable as a result of this section shall be liable to the person defending the action for all reasonable costs of defending the action, including all reasonable attorney and expert witness fees. ``(f) Effect on Pending or Concluded Actions.--This section shall not affect a judicial or administrative action concluded prior to the date of enactment of this section, or a pending judicial action initiated by the United States prior to the date of enactment of this section. ``(g) Effect on Other Liability.--Nothing in this section affects the liability of a person under paragraph (1) or (2) of section 107(a). ``(h) Relationship to Liability Under Other Laws.--Nothing in this section affects-- ``(1) liability under any other Federal, State, or local law, or regulation promulgated pursuant to the law, including any requirement promulgated by the Administrator under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); or ``(2) the ability of the Administrator to promulgate a regulation under any other law, including the Solid Waste Disposal Act.''.

Summary: Superfund Recycling Equity Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Excludes from the definition of "recyclable material" any material that contains polychlorinated biphenyls in excess of 50 parts per million or any Federal standard promulgated after this Act's enactment. Considers transactions involving scrap paper, plastic, glass, textiles, rubber (other than whole tires), or metal or spent batteries to be arranging for recycling if the person arranging the transaction can demonstrate that: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product to be made from the material) could have been a replacement for a virgin raw material; (4) in the case of transactions occurring no later than 90 days after this Act's enactment, the person exercised reasonable care to determine that the consuming facility was in compliance with Federal, State, or local environmental laws or regulations; (5) in the case of transactions involving scrap metal that occurred after the effective date of a regulation or standard associated with scrap metal recycling promulgated under the Solid Waste Disposal Act, the person was in compliance with such regulation or standard and did not melt the metal prior to the transaction; and (6) in the case of transactions involving batteries, the person did not recover the valuable components of the battery and the person was in compliance with Federal environmental regulations or standards regarding battery recycling. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that, in the case of transactions occurring no later than 90 days after this Act's enactment, the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) added hazardous substances to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Armed Forces Education Benefits Improvement Act''. SEC. 2. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR ACTIVE DUTY MEMBERS. (a) In General.--Section 3015 of title 38, United States Code, is amended-- (1) in subsection (a), by amending paragraph (1) to read as follows: ``(1) for an approved program of education pursued on a full-time basis-- ``(A) $1,584 per month for months during fiscal year 2005; and ``(B) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this paragraph for the previous fiscal year multiplied by the percentage increase calculated under subsection (h); or''; (2) in subsection (b), by amending paragraph (1) to read as follows: ``(1) for an approved program of education pursued on a full-time basis-- ``(A) $1,267 per month for months during fiscal year 2005; and ``(B) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this paragraph for the previous fiscal year multiplied by the percentage increase calculated under subsection (h); or''; and (3) in subsection (h)(1), by striking ``all items'' and inserting ``college tuition and fees''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the first day of the first month beginning after the date of enactment of this Act. SEC. 3. ANALYSIS OF IMPACT OF MONTGOMERY GI BILL EDUCATIONAL BENEFITS. (a) Findings.--Congress finds that-- (1) the enhanced educational benefits provided under the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 are an important step in ensuring that members of the Selected Reserve are thanked for their increasing role in the modern warfare; and (2) when these members return from extended tours in Iraq, Afghanistan, and other places, they should be provided with immediate access to these enhanced educational benefits. (b) Cooperation.--The Secretary of Defense shall work expeditiously with the Secretary of Veterans Affairs to ensure that members of the Selected Reserve receive the educational benefits referred to in subsection (a) in a timely manner. (c) Studies.-- (1) Secretary of defense.--The Secretary of Defense shall conduct a study analyzing the effect of all Montgomery GI bill educational benefits on recruitment and retention during the 12-month period beginning on the date on which the enhanced benefits referred to in subsection (a) become available. (2) Secretary of veterans affairs.--The Secretary of Veterans Affairs shall conduct a study analyzing the effect of all Montgomery GI bill educational benefits on the readjustment of veterans eligible for educational benefits under section 3015 of title 38, United States Code, and chapters 1606 and 1607 of title 10, United States Code, during the 12-month period beginning on the date on which the enhanced benefits referred to in subsection (a) become available. (3) Report.--Not later than 18 months after the date on which the enhanced benefits referred to in subsection (a) become available, the Secretary of Defense and the Secretary of Veterans Affairs shall submit a report on the results of the studies conducted under paragraphs (1) and (2) to-- (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Veterans' Affairs of the Senate; and (D) the Committee on Veterans' Affairs of the House of Representatives. SEC. 4. ADJUSTMENT AND ANNUAL DETERMINATION OF EDUCATIONAL ASSISTANCE UNDER THE MONTGOMERY GI BILL FOR CERTAIN MEMBERS OF THE SELECTED RESERVE. (a) Increase in Rates.--Section 16131(b) of title 10, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``at the following rates:'' and inserting ``--''; and (B) by striking subparagraphs (A) through (C) and inserting the following: ``(A) for a program of education pursued on a full-time basis-- ``(i) $475 per month for months during fiscal year 2005; and ``(ii) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this subparagraph for the previous fiscal year multiplied by the percentage increase calculated under paragraph (2); ``(B) for a program of education pursued on a three- quarter-time basis-- ``(i) $356 per month for months during fiscal year 2005; and ``(ii) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this subparagraph for the previous fiscal year multiplied by the percentage increase calculated under paragraph (2); ``(C) for a program of education pursued on a half-time basis-- ``(i) $238 per month for months during fiscal year 2005; and ``(ii) for months during fiscal year 2006 and each subsequent fiscal year, the monthly amount under this subparagraph for the previous fiscal year multiplied by the percentage increase calculated under paragraph (2); and''; and (2) in paragraph (2)-- (A) by inserting ``beginning on or after October 1, 2005'' after ``With respect to any fiscal year''; and (B) in subparagraph (A), by striking ``all items'' and inserting ``college tuition and fees''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the first day of the first month beginning after the date of enactment of this Act. SEC. 5. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER THE MONTGOMERY GI BILL. (a) In General.--Chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following: ``Sec. 3018D. Opportunity for certain active-duty personnel to enroll ``(a)(1) Notwithstanding any other provision of this chapter, during the 1-year period beginning on the date of enactment of this section, a qualified individual (described in subsection (b)) may make an irrevocable election under this section to receive basic educational assistance under this chapter. ``(2) The Secretary of each military department shall provide for procedures for a qualified individual to make an irrevocable election under this section in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy. ``(b) A qualified individual referred to in subsection (a) is an individual who meets each of the following requirements: ``(1) The individual first became a member of the Armed Forces or first served on active duty as a member of the Armed Forces before July 1, 1985. ``(2) The individual-- ``(A) has served on active duty without a break in service since the date the individual first became such a member or first served on active duty as such a member; and ``(B) continues to serve on active duty for some or all of the 1-year period described in subsection (a). ``(3) The individual, before applying for benefits under this section-- ``(A) completed the requirements of a secondary school diploma (or equivalency certificate); or ``(B) has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree. ``(4) The individual, when discharged or released from active duty, is discharged or released therefrom with an honorable discharge. ``(c)(1) Subject to paragraph (2), with respect to a qualified individual who elects under this section to receive basic educational assistance under this chapter-- ``(A) the basic pay of the qualified individual shall be reduced (in a manner determined by the Secretary concerned) until the total amount by which such basic pay is reduced is $1,200; and ``(B) to the extent that basic pay is not reduced under subparagraph (A) before the qualified individual's discharge or release from active duty, an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts, shall, at the election of the qualified individual, be-- ``(i) collected from the qualified individual by the Secretary concerned; or ``(ii) withheld from the retired or retainer pay of the qualified individual by the Secretary concerned. ``(2)(A) The Secretary concerned shall provide for an 18-month period, beginning on the date the qualified individual makes an election under this section, for the qualified individual to pay that Secretary the amount due under paragraph (1). ``(B) Nothing in subparagraph (A) shall be construed as modifying the period of eligibility for and entitlement to basic educational assistance under this chapter applicable under section 3031 of this title. ``(d) With respect to qualified individuals referred to in subsection (c)(1)(B), no amount of educational assistance allowance under this chapter shall be paid to the qualified individual until the earlier of the date on which-- ``(1) the Secretary concerned collects the applicable amount under subsection (c)(1)(B)(i); or ``(2) the retired or retainer pay of the qualified individual is first reduced under subsection (c)(1)(B)(ii). ``(e) The Secretary, in conjunction with the Secretary of Defense, shall provide for notice of the opportunity under this section to elect to become entitled to basic educational assistance under this chapter.''. (b) Conforming Amendments.--Section 3017(b)(1) of title 38, United States Code, is amended-- (1) in subparagraphs (A) and (C), by striking ``or 3018C(e)'' and inserting ``3018C(e), or 3018D(c)''; and (2) in subparagraph (B), by inserting ``or 3018D(c)'' after ``under section 3018C(e)''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 30 of title 38, United States Code, is amended by inserting after the item relating to section 3018C the following: ``3018D. Opportunity for certain active-duty personnel to enroll.''.

Summary: Armed Forces Education Benefits Improvement Act - Increases for FY2005 and thereafter the amount of monthly basic educational assistance under the Montgomery GI Bill (GI Bill) for veterans whose obligated period of active duty for such entitlement is three years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Directs the Secretary of Defense to work expeditiously with the Secretary of Veterans Affairs to ensure that members of the Selected Reserve receive their educational benefits in a timely manner. Requires a study from the Secretary of: (1) Defense analyzing the effect of all GI Bill educational benefits on recruitment and retention; and (2) Veterans Affairs analyzing the effect of such benefits on the readjustment of veterans eligible for the increased benefits, above. Increases for FY2005 and thereafter the amount of monthly educational assistance for members of the Selected Reserve who agree to remain members for at least six years. Increases such amounts, for FY2006 and thereafter, by the percentage increase in the Consumer Price Index. Allows eligible members of the Armed Forces to make an irrevocable election to receive basic educational assistance under the GI Bill. Defines as eligible members those who: (1) first became a member or first served on active duty before July 1, 1985; (2) served on active duty without a break in service since such date; (3) continue to so serve during the one-year period following enactment of this Act; (4) have successfully completed the requirements of a secondary school diploma and the equivalent of 12 semester hours toward a standard college degree; and (5) when discharged or released, receive an honorable discharge.


SECTION 1. SHORT TITLE. This Act may be cited as the ``No Electronic Theft (NET) Act''. SEC. 2. CRIMINAL INFRINGEMENT OF COPYRIGHTS. (a) Definition of Financial Gain.--Section 101 of title 17, United States Code, is amended by inserting after the undesignated paragraph relating to the term ``display'', the following new paragraph: ``The term `financial gain' includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.''. (b) Criminal Offenses.--Section 506(a) of title 17, United States Code, is amended to read as follows: ``(a) Criminal Infringement.--Any person who infringes a copyright willfully either-- ``(1) for purposes of commercial advantage or private financial gain, or ``(2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000, shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.''. (c) Limitation on Criminal Proceedings.--Section 507(a) of title 17, United States Code, is amended by striking ``three'' and inserting ``5''. (d) Criminal Infringement of a Copyright.--Section 2319 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``subsection (b)'' and inserting ``subsections (b) and (c)''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``subsection (a) of this section'' and inserting ``section 506(a)(1) of title 17''; and (B) in paragraph (1)-- (i) by inserting ``including by electronic means,'' after ``if the offense consists of the reproduction or distribution,''; and (ii) by striking ``with a retail value of more than $2,500'' and inserting ``which have a total retail value of more than $2,500''; and (3) by redesignating subsection (c) as subsection (e) and inserting after subsection (b) the following: ``(c) Any person who commits an offense under section 506(a)(2) of title 17, United States Code-- ``(1) shall be imprisoned not more than 3 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 10 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of $2,500 or more; ``(2) shall be imprisoned not more than 6 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and ``(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000. ``(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (e) Unauthorized Fixation and Trafficking of Live Musical Performances.--Section 2319A of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Victim Impact Statement.--(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate works affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such works; and ``(C) the legal representatives of such producers, sellers, and holders.''. (f) Trafficking in Counterfeit Goods or Services.--Section 2320 of title 18, United States Code, is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d)(1) During preparation of the presentence report pursuant to Rule 32(c) of the Federal Rules of Criminal Procedure, victims of the offense shall be permitted to submit, and the probation officer shall receive, a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim. ``(2) Persons permitted to submit victim impact statements shall include-- ``(A) producers and sellers of legitimate goods or services affected by conduct involved in the offense; ``(B) holders of intellectual property rights in such goods or services; and ``(C) the legal representatives of such producers, sellers, and holders.''. (g) Directive to Sentencing Commission.--(1) Under the authority of the Sentencing Reform Act of 1984 (Public Law 98-473; 98 Stat. 1987) and section 21 of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271; 18 U.S.C. 994 note) (including the authority to amend the sentencing guidelines and policy statements), the United States Sentencing Commission shall ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property (including offenses set forth at section 506(a) of title 17, United States Code, and sections 2319, 2319A, and 2320 of title 18, United States Code) is sufficiently stringent to deter such a crime and to adequately reflect the additional considerations set forth in paragraph (2) of this subsection. (2) In implementing paragraph (1), the Sentencing Commission shall ensure that the guidelines provide for consideration of the retail value and quantity of the items with respect to which the crime against intellectual property was committed. SEC. 3. INFRINGEMENT BY UNITED STATES. Section 1498(b) of title 28, United States Code, is amended by striking ``remedy of the owner of such copyright shall be by action'' and inserting ``action which may be brought for such infringement shall be an action by the copyright owner''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: No Electronic Theft (NET) Act - Amends Federal copyright law to define "financial gain" to include the receipt of anything of value, including the receipt of other copyrighted works. Sets penalties for willfully infringing a copyright: (1) for purposes of commercial advantage or private financial gain; or (2) by reproducing or distributing, including by electronic means, during any 180-day period, one or more copies of one or more copyrighted works with a total retail value of more than $1,000. Provides that evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement. Extends the statute of limitations for criminal copyright infringement from three to five years. Revises Federal criminal code provisions regarding criminal copyright infringement to provide for a fine and up to five years' imprisonment for infringing a copyright for purposes of commercial advantage or private financial gain, by reproducing or distributing, including by electronic means, during any 180-day period, at least ten copies or phonorecords of one or more copyrighted works which have a total retail value of more than $2,500. Provides for: (1) up to three years' imprisonment and fines in infringement cases described above (exclusive of commercial gain intent considerations); (2) up to six years' imprisonment and a fine for a second or subsequent felony offense under (1); and (3) up to one year's imprisonment and a fine for the reproduction or distribution of one or more copies or phonorecords of one or more copyrighted works with a total retail value of more than $1,000. Requires, during preparation of the presentence report in cases of criminal copyright infringement, unauthorized fixation and trafficking of live musical performances, and trafficking in counterfeit goods or services, that victims of the offense be permitted to submit, and the probation officer receive, a victim impact statement that identifies the victim and the extent and scope of the victim's injury and loss, including the estimated economic impact of the offense on that victim. Directs the U.S. Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime against intellectual property is sufficiently stringent to deter such a crime and adequately reflects consideration of the retail value and quantity of items with respect to which the crime against intellectual property was committed.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Modernization Act''. SEC. 2. ECONOMIC TRANSITION CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 13403(a) of Public Law 115-97, is amended by adding at the end the following new section: ``SEC. 45T. ECONOMIC TRANSITION CREDIT. ``(a) In General.--For purposes of section 38, the amount of the economic transition credit determined under this section for the taxable year shall be equal to the sum of any applicable payroll taxes paid by an employer during the taxable year with respect to employment of any qualified employee. ``(b) Definitions.--For purposes of this section: ``(1) Applicable payroll taxes.-- ``(A) In general.--The term `applicable payroll taxes' means, with respect to any employer for any taxable year, the amount of the taxes imposed by-- ``(i) section 3111 on wages paid by an employer with respect to employment of qualified employee during the applicable period, and ``(ii) section 3221(a) on compensation paid by an employer with respect to services rendered by a qualified employee during the applicable period. ``(B) Applicable period.--For purposes of subparagraph (A), the term `applicable period' means the 3-year period beginning with the day the qualified employee begins work for the employer. ``(2) Declining field.-- ``(A) In general.--The term `declining field' means any occupation or field of work which has been determined by the Secretary, in consultation with the Bureau of Labor Statistics of the Department of Labor, to have experienced a decline in the level of average employment in such occupation or field in the United States of not less than 8 percent over the most recent 3-year period for which such information is available. ``(B) Determination and publication.--The Secretary, in consultation with the Bureau of Labor Statistics of the Department of Labor, shall annually-- ``(i) determine which occupations or fields of work satisfy the requirements described in subparagraph (A), and ``(ii) publish and make available on the website of the Department of the Treasury a complete list of such occupations and fields of work. ``(3) Qualified employee.-- ``(A) In general.--The term `qualified employee' means an individual who-- ``(i) is provided wages for employment by the employer (as such terms are defined in section 3121), provided that such employment is not in a declining field, ``(ii) is not a covered employee (as defined in section 162(m)(3)), and ``(iii) was employed in a declining field for any period during the 12-month period preceding the applicable period under paragraph (1)(B). ``(B) Nonqualifying rehires.--The term `qualifying employee' shall not include any individual who, prior to the beginning of the applicable period under paragraph (1)(B), had been employed by the employer at any time.''. (b) Credit Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986, as amended by section 13403(b) of Public Law 115-97, is amended by striking ``plus'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(38) the economic transition credit determined under section 45T(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45T. Economic Transition Credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ENHANCEMENTS TO CERTAIN EDUCATION TAX BENEFITS FOR PROFESSIONALS IN SHORT SUPPLY. (a) In General.-- (1) Publication.--For each calendar year beginning after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary of Labor, shall publish and make available on the website of the Department of the Treasury a list of any occupation or field of work which qualifies as a short supply field for such calendar year. (2) Short supply field.--The term ``short supply field'' means an occupation or field of work which the Secretary of the Treasury, in consultation with the Secretary of Labor, has determined-- (A) requires-- (i) theoretical and practical application of a body of highly specialized knowledge; and (ii)(I) attainment of a bachelor's or higher degree in the specific specialty (or its equivalent); or (II) experience in the specialty equivalent to the completion of such degree; and (B) has an insufficient number of individuals who are citizens or residents of the United States and are qualified, willing, and able to satisfy the demand for labor in such occupation or field of work. (b) Enhancements to Certain Education Tax Benefits.-- (1) In general.-- (A) Educational assistance programs.--Paragraph (2) of section 127(a) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an individual employed in an occupation or field of work which has been designated as a short supply field for such calendar year pursuant to section 3(a) of the Economic Modernization Act, the first $15,000 of such assistance so furnished)'' before the period at the end. (B) Interest on education loans.--Paragraph (1) of section 221(b) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of a individual employed in an occupation or field of work which has been designated, pursuant to section 3(a) of the Economic Modernization Act, as a short supply field for the calendar year in which such taxable year began, shall not exceed $8,000)'' before the period at the end. (C) Qualified tuition and related expenses.-- Paragraph (1) of section 222(b) of the Internal Revenue Code of 1986 is amended by inserting ``(or, in the case of an individual employed in an occupation or field of work which has been designated, pursuant to section 3(a) of the Economic Modernization Act, as a short supply field for the calendar year in which such taxable year began, an amount equal to the applicable dollar limit multiplied by 2)'' before the period at the end. (2) Exclusion for certain employer payments of student loans.-- (A) In general.--Paragraph (1) of section 127(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) in the case of an employee employed in an occupation or field of work which has been designated as a short supply field for a calendar year pursuant to section 3(a) of the Economic Modernization Act, the payment by an employer during such calendar year, whether paid to the employee or to a lender, of principal or interest on any qualified education loan (as defined in section 221(d)(1)) incurred by the employee, and''. (B) Conforming amendment; denial of double benefit.--Paragraph (1) of section 221(e) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: ``, or for which an exclusion is allowable under section 127 to the taxpayer's employer by reason of the payment by such employer of any indebtedness on a qualified education loan of the taxpayer''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. DEDUCTION OF QUALIFIED ENTERPRISE INCOME. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 181 the following new section: ``SEC. 182. QUALIFIED ENTERPRISE INCOME. ``(a) In General.--In the case of a qualified taxpayer, there shall be allowed as a deduction an amount equal to any qualified enterprise income of such taxpayer. ``(b) Limitation.--The amount of the deduction allowed under subsection (a) for any taxable year shall not exceed an amount equal to 50 percent of the W-2 wages paid by the qualified taxpayer during such taxable year. ``(c) Definitions.--In this section: ``(1) Qualified enterprise income.-- ``(A) In general.--The term `qualified enterprise income' means the amount equal to the excess (if any) of-- ``(i) the gross receipts of the qualified taxpayer for the taxable year which are properly allocable to a qualified facility, over ``(ii) an amount equal to the sum of-- ``(I) the cost of goods sold which are allocable to such receipts, and ``(II) any other expenses, losses or deductions (with the exception of the deduction allowed under this section) which are allocable to such receipts. ``(B) Limitation.--The term `qualified enterprise income' shall apply only to gross receipts described in subparagraph (A) for the 3-taxable-year period beginning after the qualified facility is placed in service. ``(C) Method of allocation.--The Secretary shall prescribe regulations for ensuring proper allocation of amounts under subparagraph (A). ``(2) Qualified facility.-- ``(A) In general.--The term `qualified facility' means any nonresidential building (and its structural components) which-- ``(i) prior to 2000, was placed in service and used in the active conduct of a trade or business by a person other than the qualified taxpayer, ``(ii) after being acquired by the qualified taxpayer, has been substantially rehabilitated, ``(iii) during the 2-year period prior to commencement of rehabilitation by the qualified taxpayer, was not used in the active conduct of a trade or business, and ``(iv) is located within a State. ``(B) Substantial rehabilitation.--For purposes of this paragraph, a building shall be deemed to have been substantially rehabilitated only if-- ``(i) not less than 50 percent of the existing external walls of such building are retained in place as external walls, ``(ii) not less than 75 percent of the existing internal structural framework of such building is retained in place, and ``(iii) the amount properly chargeable to the capital account for any addition to or improvement of the building is in excess of an amount equal to the greater of-- ``(I) the adjusted basis of such building (and its structural components), or ``(II) $20,000. ``(3) Qualified taxpayer.--The term `qualified taxpayer' means the person that owns the qualified facility and directly incurs not less than 50 percent of the expenses for substantially rehabilitating such facility (under rules similar to the rules applicable to self-rehabilitated buildings under section 47(d)(4)). ``(4) State.--The term `State' means any State of the United States or the District of Columbia or any Territory or possession of the United States. ``(5) W-2 wages.-- ``(A) In general.--The term `W-2 wages' means, with respect to any person for any taxable year of such person, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. ``(B) Limitation to wages attributable to qualified enterprise income.--Such term shall not include any amount which is not properly allocable to qualified enterprise income for purposes of subsection (c)(1). ``(C) Return requirement.--Such term shall not include any amount which is not properly included in a return filed with the Social Security Administration on or before the 60th day after the due date (including extensions) for such return.''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 182. Qualified Enterprise Income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Summary: Economic Modernization Act This bill amends the Internal Revenue Code to allow additional tax credits and deductions to assist employees who work in declining or short-supply fields. A "declining field" has experienced a decline in the level of average employment of at least 8% over the most recent 3-year period. A "short-supply" field: (1) requires theoretical and practical application of a body of highly specialized knowledge and certain degrees or experience in the specialty; and (2) has an insufficient number of U.S. citizens or residents who are qualified, willing, and able to satisfy the demand for labor in the occupation or field of work. For employers, the bill allows an economic transition tax credit for payroll taxes paid over a three-year period with respect to employees who previously worked in a declining field. For individuals employed in short-supply fields, the bill: increases the limit for the exclusion from gross income for employer-provided educational assistance programs and expands the exclusion to include payments of education loans, increases the limit for the deduction for interest on education loans, and increases the limit for the deduction for qualified tuition and related expenses. The bill also allows a deduction for companies that rehabilitate certain abandoned buildings. The deduction is equal to a portion of the income attributable to the rehabilitated building and may not exceed 50% of the wages paid by the company.