SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Accountability for Regulatory Information Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) many Federal regulations have improved the quality of life of the American public, however, uncontrolled increases in regulatory costs and lost opportunities for better regulation should not be continued; (2) the legislative branch has a responsibility to ensure that laws passed by Congress are properly implemented by the executive branch; (3) in order for the legislative branch to fulfill its responsibilities to ensure that laws passed by Congress are implemented in an efficient, effective, and fair manner, the Congress requires accurate and reliable information on which to base decisions; and (4) the legal effect of many Federal agency guidance documents and other Federal agency statements that are not published in the Code of Federal Regulations is often not clear to the affected public. SEC. 3. REPORTS ON REGULATORY ACTIONS BY THE GENERAL ACCOUNTING OFFICE. (a) In General.--Section 801(a)(2) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following: ``(B)(i) After an agency publishes a regulatory action, a committee of either House of Congress with legislative or oversight jurisdiction relating to the action may request the Comptroller General to review the action under clause (ii). ``(ii) Of requests made under clause (i), the Comptroller General shall provide a report on each regulatory action selected under clause (iv) to the committee which requested the report (and the committee of jurisdiction in the other House of Congress)-- ``(I) except as provided in subclause (II), by not later than 180 calendar days after the committee request is received; or ``(II) in the case of a request for review of a notice of proposed rule making or an interim final rule making, by not later than the end of the 60-calendar-day period beginning on the date the committee request is received, or the end of the period for submission of comment regarding the rule making, whichever is later. The report shall include an independent analysis of the regulatory action by the Comptroller General using any relevant data or analyses available to or generated by the General Accounting Office. ``(iii) The independent analysis of the regulatory action by the Comptroller General under clause (ii) shall include-- ``(I) an analysis by the Comptroller General of the potential benefits of the regulatory action, including any beneficial effects that cannot be quantified in monetary terms and the identification of those likely to receive the benefits; ``(II) an analysis by the Comptroller General of the potential costs of the regulatory action, including any adverse effects that cannot be quantified in monetary terms and the identification of those likely to bear the costs; ``(III) an analysis by the Comptroller General of any alternative regulatory approaches that could achieve the same goal in a more cost-effective manner or that could provide greater net benefits, and, if applicable, a brief explanation of any statutory reasons why such alternatives could not be adopted; ``(IV) an analysis of the extent to which the regulatory action would affect State or local governments; and ``(V) a summary of how the results of the Comptroller General's analysis differ, if at all, from the results of the analyses of the agency in promulgating the regulatory action. ``(iv) In consultation with the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, the Comptroller General shall develop procedures for determining the priority and number of those requests for review under clause (i) that will be reported under clause (ii). The procedures shall give the highest priority to requests regarding a notice of proposed rule making for a major rule, and to requests regarding an interim final rule making for a major rule. ``(C) Federal agencies shall cooperate with the Comptroller General by promptly providing the Comptroller General with such records and information as the Comptroller General determines necessary to carry out this section.''. (b) Definitions.--Section 804 of title 5, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (5), respectively; (2) by inserting after paragraph (1) the following: ``(2) The term `independent analysis' means a substantive review of the agency's underlying assessments and assumptions used in developing the regulatory action and any additional analysis the Comptroller General determines to be necessary.''; and (3) by inserting after paragraph (3) (as redesignated by paragraph (1) of this subsection) the following: ``(4) The term `regulatory action' means-- ``(A) notice of proposed rule making; ``(B) final rule making, including interim final rule making; or ``(C) a rule.''. SEC. 4. DISCLOSURE OF NONBINDING EFFECT OF GUIDANCE DOCUMENTS. (a) In General.--Chapter 8 of title 5, United States Code, is amended by inserting after section 803 the following: ``Sec. 803a. Notice of nonbinding effect of agency guidance ``The head of an agency shall include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect (or both), as applicable, and is not binding on the public.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 8 of title 5, United States Code, is amended by inserting after the item relating to section 803 the following: ``803a. Notice of nonbinding effect of agency guidance.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the General Accounting Office to carry out chapter 8 of title 5, United States Code, $5,200,000 for each of fiscal years 2000 through 2003. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

Summary: Requires the head of an agency to include on the first page of each statement published by the agency that is not a rule a notice that the statement has no general applicability or future effect, as applicable, and is not binding on the public. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``New Jersey Marine Ecosystem Protection Act of 1996''. SEC. 2. PURPOSE. The purpose of this Act is to preserve and restore the fisheries and other marine wildlife of the New York Bight by closing the Mud Dump Site and ending the practice of disposal of contaminated dredged material within that area. SEC. 3. CLOSURE OF MUD DUMP SITE. (a) Termination of Dumping.--On and after September 1, 1997, no person shall transport any dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, other than for purposes of remediation in accordance with subsection (c). (b) Conditions for Dumping Before Termination.-- (1) Category i and category ii dredged material only.-- After the date of the enactment of this Act, no person shall transport any dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, other than Category I dredged material or Category II dredged material. (2) Conditions for category ii dredged material.--After the date of the enactment of this Act, no person shall transport any Category II dredged material for the purpose of dumping it into ocean waters at the Mud Dump Site, unless the applicant for a permit for the transport under title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.) has certified, and the Secretary of the Army has published a finding of, the following: (A) The affected States or ports were requested to provide alternative sites for disposal of the material and failed to provide a reasonable alternative site. (B) Dumping of the material (including necessary capping material) at the Mud Dump Site will not increase the elevation of the ocean bottom at the Mud Dump Site-- (i) such that the depth of the ocean at that site is less than 65 feet below the surface of the ocean; and (ii) above an elevation designed, based on scientific evidence, to contain the material within the lateral limits of the Mud Dump Site. (c) Site Remediation.-- (1) Plan.--The Administrator of the Environmental Protection Agency, in cooperation with the Secretary of Commerce and the Secretary of the Army, shall develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas. (2) Designation of site.--The Administrator of the Environmental Protection Agency shall designate the Mud Dump Site and surrounding areas that have historically been used for disposal of contaminated material as the Historic Area Remediation Site under part 228 of title 40, Code of Federal Regulations, effective September 1, 1997. (3) Management of site.--The Historic Area Remediation Site-- (A) shall be managed to reduce impacts at that site to acceptable levels in accordance with part 228.11(c) of title 40, Code of Federal Regulations; and (B) shall be remediated with uncontaminated dredged material that-- (i) meets standards for Category I dredged material; and (ii) will not cause significant undesirable effects, including such effects through bioaccumulation. (d) Modification of Environmental Assessment.--The Secretary of the Army and the Administrator of the Environmental Protection Agency shall modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act. SEC. 4. TERMINATION OF OTHER OCEAN DUMPING OF DREDGED MATERIAL OFF OF COAST OF NEW JERSEY. (a) In General.--On and after September 1, 1997, no person shall transport any dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside of the Historic Area Remediation Site designated under section 3(c), or into waters of the New York-New Jersey Harbor. (b) Prohibition on Designation of Sites and Issuance of Permits.-- The Administrator of the Environmental Protection Agency may not designate any new site for ocean dumping of dredged material within the New York Bight Apex, and the Secretary of the Army may not issue any permit for transportation of dredged material for the purpose of dumping it in the New York Bight Apex, except in accordance with this Act. SEC. 5. VIOLATIONS. Any violation of section 3 (a) or (b) or section 4(a) shall be treated as a violation of title I of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1411 et seq.). SEC. 6. DISPOSAL ALTERNATIVES. (a) In General.--The Secretary of the Army, in cooperation with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, State and local governments, and environmental and port interests, may establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey. Costs associated with implementation of this section shall be paid by non-Federal interests in substantially the same manner as costs are required to be paid by non-Federal interests under section 101 of the Water Resources Development Act of 1986 (33 U.S.C. 2211). (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $260,000,000. SEC. 7. DEFINITIONS. In this Act: (1) Terms defined in marine protection, research, and sanctuaries act of 1972.--Any term used in this Act that is defined in section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402) has the meaning given the term in that section. (2) Category i and category ii dredged material.--Each of the terms ``Category I dredged material'' and ``Category II dredged material'', respectively, means such material as determined under the 1992 United States Army Corps of Engineers New York District and the Environmental Protection Agency Region II Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal. (3) Mud dump site.--The term ``Mud Dump Site'' means the area designated by the Administrator of the Environmental Protection Agency under part 228.115(d)(6) of title 40, Code of Federal Regulations, as the New York Bight Dredged Material Disposal Site (Mud Dump) in the New York Bight Apex, North Atlantic Ocean for the disposal of dredged material generated in the Port of New York and New Jersey and nearby harbors. (4) New york bight apex.--The term ``New York Bight Apex'' means the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.

Summary: New Jersey Marine Ecosystem Protection Act of 1996 - Prohibits the transport of dredged material for the purpose of dumping it into ocean waters at the New York Bight Dredged Material Disposal Site (Mud Dump Site), other than for remediation pursuant to this Act, on and after September 1, 1997. Prohibits, after the date of this Act's enactment, the transport of: (1) dredged material for such purpose, other than Category I or II dredged material; and (2) Category II dredged material for such purpose unless the applicant for a transport permit has certified, and the Secretary of the Army has published a finding, that the affected States or ports were requested to provide alternate disposal sites and failed to provide a reasonable alternative site, and that dumping at the Mud Dump Site will not increase the elevation of the ocean bottom at such Site beyond a certain point. Directs: (1) the Administrator of the Environmental Protection Agency to develop a remediation and restoration plan in accordance with applicable laws and regulations for the Mud Dump Site and surrounding areas and to designate such Site and areas that have been used for disposal of contaminated material as the Historic Area Remediation Site (to be managed as specified); and (2) the Secretary and Administrator to modify environmental assessment activities at the Mud Dump Site as appropriate to reflect the provisions of this Act. Prohibits the transport of dredged material for the purpose of dumping it into ocean waters in the New York Bight Apex outside the Historic Area Remediation Site, or into waters of the New York-New Jersey Harbor on and after September 1, 1997. Prohibits the Administrator from designating any new site for ocean dumping of dredged material within the Apex, and the Secretary from issuing any permit for transportation of dredged material for the purpose of dumping it in the Apex, except in accordance with this Act. Prescribes penalties for violations of this Act. Directs the Secretary to establish, operate, and maintain a confined dredged material disposal facility or facilities within the confines of the Port of New York and New Jersey. Authorizes appropriations.


SECTION 1. PAYMENT LIMITATIONS. Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is amended-- (1) in subsection (b)(1), by striking ``$40,000'' and inserting ``$20,000''; (2) in subsection (c)(1), by striking ``$65,000'' and inserting ``$30,000''; (3) by striking ``(d)'' and all that follows through the end of paragraph (1) and inserting the following: ``(d) Limitations on Marketing Loan Gains, Loan Deficiency Payments, and Commodity Certificate Transactions.-- ``(1) Loan commodities.--The total amount of the following gains and payments that a person may receive during any crop year may not exceed $87,500: ``(A)(i) Any gain realized by a producer from repaying a marketing assistance loan for 1 or more loan commodities under subtitle B of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower level than the original loan rate established for the loan commodity under that subtitle. ``(ii) In the case of settlement of a marketing assistance loan for 1 or more loan commodities under that subtitle by forfeiture, the amount by which the loan amount exceeds the repayment amount for the loan if the loan had been settled by repayment instead of forfeiture. ``(B) Any loan deficiency payments received for 1 or more loan commodities under that subtitle. ``(C) Any gain realized from the use of a commodity certificate issued by the Commodity Credit Corporation for 1 or more loan commodities, as determined by the Secretary, including the use of a certificate for the settlement of a marketing assistance loan made under that subtitle.''; and (4) by adding at the end the following: ``(h) Single Farming Operation.-- ``(1) In general.--Notwithstanding subsections (b) through (d), subject to paragraph (2), if a person participates only in a single farming operation and receives, directly or indirectly, any payment or gain covered by this section through the operation, the total amount of payments or gains (as applicable) covered by this section that the person may receive during any crop year may not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(2) Individuals.--The total amount of payments or gains (as applicable) covered by this section that an individual person may receive during any crop year may not exceed $275,000. ``(i) Spouse Equity.--Notwithstanding subsections (b) through (d), except as provided in subsection (e)(2)(C)(i), if an individual and spouse are covered by subsection (e)(2)(C) and receive, directly or indirectly, any payment or gain covered by this section, the total amount of payments or gains (as applicable) covered by this section that the individual and spouse may jointly receive during any crop year may not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d). ``(j) Regulations.-- ``(1) In general.--Not later than July 1, 2003, the Secretary shall promulgate regulations-- ``(A) to ensure that total payments and gains described in this section made to or through joint operations or multiple entities under the primary control of a person, in combination with the payments and gains received directly by the person, shall not exceed twice the applicable dollar amounts specified in subsections (b), (c), and (d); ``(B) in the case of a person that in the aggregate owns, conducts farming operations, or provides custom farming services on land with respect to which the aggregate payments received by the person exceed the applicable dollar amounts specified in subsections (b), (c), and (d), to attribute all payments and gains made to the person on crops produced on the land to-- ``(i) a person that rents land for a share of the crop that is less than the usual and customary rate, as determined by the Secretary; ``(ii) a person that provides custom farming services through arrangements under which-- ``(I) all or part of the compensation for the services is at risk; ``(II) farm management services are provided by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(III) more than \2/3\ of all payments received for custom farming services are received by-- ``(aa) the same person; ``(bb) an immediate family member; or ``(cc) an entity or individual that has a business relationship that is not an arm's length relationship, as determined by the Secretary; or ``(iii) a person under such other arrangements as the Secretary determines are established to transfer payments from persons that would otherwise exceed the applicable dollar amounts specified in subsections (b), (c), and (d); and ``(C) to ensure that payments attributed under this section to a person other than the direct recipient shall also count toward the limit of the direct recipient. ``(2) Primary control.--The regulations under paragraph (1) shall define `primary control' to include a joint operation or multiple entity in which a person owns an interest that is greater than the total interests held by other persons that materially participate on a regular, substantial, and continuous basis in the management of the operation or entity.''. SEC. 2. REGULATIONS. (a) In General.--The Secretary of Agriculture may promulgate such regulations as are necessary to implement this Act and the amendments made by this Act. (b) Procedure.--The promulgation of the regulations and administration of this Act and the amendments made by this Act shall be made without regard to-- (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the ``Paperwork Reduction Act''). (c) Congressional Review of Agency Rulemaking.--In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.

Summary: Amends the Food Security Act of 1985 to reduce maximum annual direct and counter-cyclical commodity payments to $20,000 and $30,000, respectively. Revises limitation provisions for marketing loan gains, loan deficiency payments, and commodity certificate transactions, and establishes an annual combined limitation of $87,500 for such payments.Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $275,000.


SECTION 1. LEGAL ASSISTANCE FOR FINANCIALLY NEEDY VETERANS IN CONNECTION WITH COURT OF VETERANS APPEALS PROCEEDINGS. (a) In General.--Subchapter III of chapter 72 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7287. Legal assistance for financially needy veterans in proceedings before Court ``(a)(1) The Court of Veterans Appeals may provide funds in order to provide financial assistance by grant or contract to legal assistance entities for purposes of programs described in subsection (b). ``(2) The Court shall seek to provide funds for such purpose through a nonprofit organization selected by it. If the Court determines that there exists no nonprofit organization that would be an appropriate recipient of funds under this section for the purposes referred to in paragraph (1) and that it is consistent with the mission of the Court, the Court shall provide financial assistance, by grant or contract, directly to legal assistance entities for purposes of permitting such entities to carry out programs described in subsection (b). ``(b)(1) A program referred to in subsection (a) is any program under which a legal assistance entity uses financial assistance under this section to provide assistance or carry out activities (including assistance, services, or activities referred to in paragraph (3)) in order to ensure that individuals described in paragraph (2) receive, without charge, legal assistance in connection with decisions to which section 7252(a) of this title may apply or with other proceedings before the Court. ``(2) An individual referred to in paragraph (1) is any veteran or other person who-- ``(A) is or seeks to be a party to an action before the Court; and ``(B) cannot, as determined by the Court or the entity concerned, afford the costs of legal advice and representation in connection with that action. ``(3) Assistance, services, and activities under a program described in this subsection may include the following for individuals described in paragraph (2) in connection with proceedings before the Court: ``(A) Financial assistance to defray the expenses of legal advice or representation (other than payment of attorney fees) by attorneys, clinical law programs of law schools, and veterans service organizations. ``(B) Case screening and referral services for purposes of referring cases to pro bono attorneys and such programs and organizations. ``(C) Education and training of attorneys and other legal personnel who may appear before the Court by attorneys and such programs and organizations. ``(D) Encouragement and facilitation of the pro bono representation by attorneys and such programs and organizations. ``(4) A legal assistance entity that receives financial assistance described in subsection (a) to carry out a program under this subsection shall make such contributions (including in-kind contributions) to the program as the nonprofit organization or the Court, as the case may be, shall specify when providing the assistance. ``(5) A legal assistance entity that receives financial assistance under subsection (a) to carry out a program described in this subsection may not require or request the payment of a charge or fee in connection with the program by or on behalf of any individual described in paragraph (2). ``(c)(1) There is authorized to be appropriated to the Court $750,000 for fiscal year 1998 and the same amount for each succeeding fiscal year through fiscal year 2001, increased by 3 percent per year, to carry out this section. ``(2) Funds appropriated under this subsection may be used only for the purposes of subsection (a). Such funds may be provided in advance or by way of reimbursement, to cover some or all of the administrative costs of the organization or entity receiving the funds in providing financial assistance to carry out programs described in subsection (b). ``(3) Funds shall be provided under this subsection pursuant to a written agreement entered into by the Court and the organization or entity receiving the funds from the Court. ``(d) A nonprofit organization may-- ``(1) accept funds, in advance or by way of reimbursement, from the Court under subsection (a) in order to provide the financial assistance referred to in that subsection; ``(2) provide financial assistance by grant or contract to legal assistance entities under this section for purposes of permitting such entities to carry out programs described in subsection (b); ``(3) administer any such grant or contract; and ``(4) accept funds, in advance or by way of reimbursement, from the Court under subsection (c) in order to cover the administrative costs referred to in that subsection. ``(e)(1) Not later than February 1 of each year, the Court shall submit to the Congress a report on the funds and financial assistance provided under this section during the preceding fiscal year. Based on the information provided the Court by entities receiving such funds and assistance, each report shall-- ``(A) set forth the amount, if any, of funds provided to nonprofit organizations under paragraph (2) of subsection (a) during the fiscal year covered by the report; ``(B) set forth the amount, if any, of financial assistance provided to legal assistance entities pursuant to paragraph (1) of subsection (a) or under paragraph (2) of that subsection during that fiscal year; ``(C) set forth the amount, if any, of funds provided to nonprofit organizations under subsection (c) during that fiscal year; and ``(D) describe the programs carried out under this section during that fiscal year. ``(2) The Court may require that any nonprofit organization and any legal assistance entity to which funds or financial assistance are provided under this section provide the Court with such information on the programs carried out under this section as the Court determines necessary to prepare a report under this subsection. ``(f) For the purposes of this section: ``(1) The term `nonprofit organization' means any not-for- profit organization that is involved with the provision of legal assistance to persons unable to afford such assistance. ``(2) The term `legal assistance entity' means a not-for- profit organization or veterans service organization capable of providing legal assistance to persons with respect to matters before the Court. ``(3) The term `veterans service organization' means an organization referred to in section 5902(a)(1) of this title, including an organization approved by the Secretary under that section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7286 the following new item: ``7287. Legal assistance for financially needy veterans in proceedings before Court.''.

Summary: Authorizes the Court of Veterans Appeals to provide funds (where possible, through a nonprofit organization) for financial assistance to legal assistance entities to assist financially needy veterans in connection with proceedings before such Court. Permits legal assistance activities in connection with such proceedings to include: (1) financial assistance to defray the expenses of legal advice or representation (other than payment of attorney's fees); (2) case screening and referral services; (3) education and training of attorneys and other legal personnel who may appear before the Court; and (4) encouragement and facilitation of pro bono representation by attorneys, clinical law programs of law schools, and veterans' service organizations. Sets forth provisions regarding: (1) contributions by legal assistance entities receiving financial assistance; (2) a prohibition against such entities requiring or requesting the payment of a charge or fee in connection with the program; and (3) administrative and reporting requirements. Authorizes appropriations.


SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Investing in Our Future Act of 2011''. (b) Findings.--Congress finds the following: (1) While Wall Street continues to reap massive profits, the 2008 global economic crisis they helped cause has destabilized economies and impacted the budgets of the United States and impoverished nations, compromising the ability of governments to address pressing needs. (2) The scope of the financial crisis distorted our national deficit. The Congressional Budget Office estimates that Federal deficit spending is now at a record $1.5 trillion. (3) Millions of people around the world have been pushed into poverty because of the global financial crisis, through no fault of their own. (4) The impacts of climate change, disease, and ill health undermine the economies of developing nations and their ability to contribute to a secure, stable world. (5) Predictable, adequate, sustainable, long-term, public funding to address global health and climate change in developing countries at the scale needed does not currently exist but it is urgently needed. (6) Cutting vital domestic programs such as education, health care, and nutrition assistance to reduce the national debt will have a harmful impact on the long-term prosperity of the country. Alternative revenue generating mechanisms must be considered to reduce the national debt and meet international development and climate needs. (7) The financial institutions that caused the financial crisis should play a significant role in providing funds that will help developing countries mitigate and adapt to climate change, fight global HIV/AIDS, improve maternal and child health in impoverished nations, and reduce the national deficit. (8) Currency speculation by financial institutions has destabilizing impacts on the real economy and can contribute to financial crises. (9) In 2008, $4 trillion in daily currency transactions were undertaken, nearly 80 percent of which by a few major banks, without taxation. (10) A tax on the currency market would be paid by these same banks that caused the financial crisis and would generate funds to help reduce our deficit. (11) A small levy on currency would curb some speculative transactions, bringing greater stability into the currency market. (12) Collection of a small tax would not disrupt legitimate trading in the currency trading markets and would have no significant impact on individual travelers or United States corporations doing business. (13) The Secretary of State, Secretary of the Treasury, and the nations in the Organization for Economic Cooperation and Development should work together to implement a broader currency transaction tax to reduce the Federal deficit and fund global health, poverty, and climate change initiatives. SEC. 2. EXCISE TAX ON CURRENCY TRANSACTIONS. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Currency Transactions ``Sec. 4475. Currency transactions. ``SEC. 4475. CURRENCY TRANSACTIONS. ``(a) In General.--There is hereby imposed a tax on each currency transaction made by, or on behalf of, a United States person. ``(b) Exception for Low-Value Transactions.-- ``(1) In general.--Subsection (a) shall not apply to any currency transaction made by, or on behalf of, a United States person, if the aggregate value of the currencies acquired by such person in all such transactions made during the calendar year does not exceed $10,000. ``(2) Coordination with withholding rules.--Subsection (e)(2) shall not apply to any currency transaction unless the value of the currency acquired by the United States person in such transaction exceeds $10,000. The preceding sentence shall not apply if the person who facilitates such currency transaction knows, or has reason to know, that the exception provided by paragraph (1) does not apply to such transaction. ``(c) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed under subsection (a) with respect to any currency transaction shall be equal to 0.005 percent of the value of the currency acquired in the transaction. ``(2) Special rule for currency derivatives.--In the case of any currency derivative, the value of the currency acquired in the transaction shall be treated for purposes of this section as being equal to-- ``(A) in the case of a forward contract, the value of the currency purchased or sold forward, ``(B) in the case of a notional principal contract, the value of the notional principal amount of the contract, ``(C) in the case of an option, the value of the currency that would be acquired in the event the option were exercised, and ``(D) in the case of any other currency derivative, the value as determined by the Secretary. ``(3) Valuation of currency.--For purposes of this section, the valuation of any currency shall be determined in the taxpayer's functional currency (within the meaning of section 985) at the spot rate on the date of the transaction. ``(d) Currency Transaction.--For purposes of this section-- ``(1) In general.--The term `currency transaction' means-- ``(A) the exchange of any currency for another currency, and ``(B) entering into any currency derivative. ``(2) Currency derivative.--The term `currency derivative' means-- ``(A) any currency notional principal contract, and ``(B) any option, forward contract, short position, hedge, or similar financial instrument with respect to any currency or currency notional principal contract. ``(e) Liability for Tax; Withholding.-- ``(1) Liability for tax.--The tax imposed under subsection (a) with respect to any currency transaction shall be paid by the United States person referred to in subsection (a). Such person shall be allowed a credit against such tax in the amount withheld as tax under paragraph (2) with respect to such transaction. ``(2) Withholding by currency transaction facilitators.-- ``(A) In general.--Except as provided in subparagraph (B), each United States person which facilitates a currency transaction by, or on behalf of, a United States person shall deduct and withhold from the amount involved in such transaction a tax equal to the amount of the tax imposed under section 4475 with respect to such transaction. ``(B) Amounts withheld only once.--The Secretary shall prescribe regulations or other guidance to ensure that only one United States person deducts and withholds the amount described in subparagraph (A) with respect to each currency transaction. Such regulations or other guidance shall (subject to such exceptions as the Secretary may prescribe) require-- ``(i) in the case of a currency transaction which is confirmed and matched by a United States person, that such person so deduct and withhold such amount, and ``(ii) in the case of a currency transaction not described in clause (i) which is settled by a United States person, that such person so deduct and withhold such amount. ``(3) Coordination with other sections.--For purposes of so much of subtitle F (other than section 7205) as relates to chapter 24, amounts which are subject to withholding under paragraph (2) shall be treated as if they were wages paid by an employer to an employee (and amounts deducted and withheld under paragraph (2) shall be treated as if deducted and withheld under section 3402). ``(f) Application to Expanded Affiliated Groups.-- ``(1) In general.--For purposes of this section, all members of the same expanded affiliated group shall be treated as one person for purposes of this section. ``(2) Expanded affiliated group.--For purposes of this subsection, the term `expanded affiliated group' means an affiliated group as defined in section 1504(a), determined-- ``(A) by substituting `more than 50 percent' for `at least 80 percent' each place it appears, and ``(B) without regard to paragraphs (2) and (3) of section 1504(b). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence).''. (b) Clerical Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. currency transactions''. (c) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2011. SEC. 3. FUNDING FOR CHILD CARE. (a) Child Care Assistance Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Child Care Assistance Trust Fund'', consisting of such amounts as may be appropriated or credited to the Child Care Assistance Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Child Care Assistance Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 10 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Child Care Assistance Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Child Care Assistance Grants.-- (1) In general.--Any appropriation under subsection (a)(3) from the Child Care Assistance Trust Fund shall be allocated among the States as an increase in the amount determined under section 418(a)(1) of the Social Security Act in the same proportion as the amount determined under such section with respect to such State (determined without regard to this subsection) bears to the aggregate amounts so determined with respect to all of the States. (2) Funding to be additional.--It is the sense of the Congress that amounts made available under this subsection shall be in addition to (and shall not be a replacement for) other funding for child care assistance. SEC. 4. MULTILATERAL GLOBAL HEALTH PROGRAMS. (a) Multilateral Global Health Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Multilateral Global Health Trust Fund'', consisting of such amounts as may be appropriated or credited to the Multilateral Global Health Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Multilateral Global Health Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 25 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Multilateral Global Health Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Multilateral Global Health Grant Program.-- (1) In general.--The Secretary of State shall make grants to assist developing countries in addressing HIV/AIDS, tuberculosis, malaria, maternal mortality, family planning, neglected diseases, and other health issues affecting developing countries. (2) Eligibility for grants.--Grants under paragraph (1) may be made to-- (A) the Global Fund to Fight AIDS, Tuberculosis and Malaria to provide grants described in paragraph (1), and (B) other multilateral health funding mechanisms which the Secretary certifies-- (i) provide a significant majority of their total funding to programs in the form of grants, (ii) include independent and external technical review of programs in the awarding of funding, (iii) include governance structures that involve donor governments, implementing governments, civil society, and affected communities as equal decisionmakers, (iv) provide funding based on plans developed by implementing countries through country-level processes that include equal and meaningful involvement of civil society and impacted communities, (v) require measures of performance of all projects and formal mechanisms that condition continued financing on successful performance and outcomes, and (vi) include mechanisms for strict financial accountability and provides transparency of all decisions, evaluations, and finances through publically accessible documents. (3) Funding to be additional.--It is the sense of the Congress that grants made under this subsection shall be in addition to (and shall not be a replacement for) other funding for global health initiatives in developing countries. SEC. 5. GLOBAL CLIMATE CHANGE ADAPTATION AND MITIGATION. (a) Global Climate Change Adaptation and Mitigation Trust Fund.-- (1) In general.--There is established in the Treasury of the United States a trust fund to be known as the ``Global Climate Change Adaptation and Mitigation Trust Fund'', consisting of such amounts as may be appropriated or credited to the Global Climate Change Adaptation and Mitigation Trust Fund as provided in this section. (2) Transfer to trust fund of amounts equivalent to certain taxes.--There are hereby appropriated to the Global Climate Change Adaptation and Mitigation Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to 25 percent of the taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986. (3) Expenditures from trust fund.--Amounts in the Global Climate Change Adaptation and Mitigation Trust Fund shall be available, as provided by appropriation Acts, for making expenditures to carry out subsection (b). (4) Management of trust fund.--For purposes of subchapter B of chapter 98 of the Internal Revenue Code of 1986, the provisions of this subsection shall be treated as provisions of subchapter A of such chapter. (b) Global Climate Change Adaptation and Mitigation Program.-- (1) In general.--Any appropriation under subsection (a)(3) from the Global Climate Change Adaptation and Mitigation Trust Fund shall be made for contributions to the Green Climate Fund, and the Adaptation Fund, established pursuant to the United Nations Framework Convention on Climate Change (UNFCCC). (2) Funding to be additional.--It is the sense of the Congress that contributions made under this subsection shall be in addition to (and shall not be a replacement for) other funding for global climate change adaptation and mitigation initiatives in developing countries. SEC. 6. DEFICIT REDUCTION. The amount of taxes received in the Treasury under section 4475 of the Internal Revenue Code of 1986 (reduced by amounts appropriated under sections 3, 4, and 5) shall be used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amount shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate).

Summary: Investing in Our Future Act of 2011- Amends the Internal Revenue Code to impose an excise tax on currency transactions exceeding $10,000 equal to 0.005% of the value of the currency acquired in the transaction (currency transaction tax). Establishes in the Treasury: (1) the Child Care Assistance Trust Fund, which shall be funded with 10% of the revenues from the currency transactions tax and which shall be used to provide increased allocations to states for child care assistance; (2) the Multilateral Global Health Trust Fund, which shall be funded with 25% of the revenues from such tax and from which the Secretary of State shall make grants to assist developing countries in addressing HIV/AIDS, tuberculosis, malaria, maternal mortality, family planning, neglected diseases, and other health issues; and (3) the Global Climate Change Adaptation and Mitigation Trust Fund, which shall be funded with 25% of the revenues from such tax and which shall be used for contributions to the Green Climate Fund, and the Adaptation Fund, established pursuant to the United Nations Framework Convention on Climate Change. Requires remaining tax revenues to be used for federal budget deficit reduction or reduction of the federal debt.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Gas Price and Refinery Capacity Relief Act of 2013''. SEC. 2. COORDINATION OF REFINERY OUTAGES. Section 804 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17283) is amended to read as follows: ``SEC. 804. COORDINATION OF REFINERY OUTAGES. ``(a) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Energy Information Administration. ``(2) Planned refinery outage.--The term `planned refinery outage' means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification. ``(3) Refined petroleum product.--The term `refined petroleum product' means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal. ``(4) Refinery.--The term `refinery' means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process. ``(5) Unplanned refinery outage.--The `unplanned refinery outage' means the removal of a refinery, or any unit of a refinery, from service that is not scheduled in advance. ``(b) Reporting Requirement.--The owner or operator of a refinery shall submit to the Administrator information describing-- ``(1) the schedule of the refinery for any planned refinery outage, including-- ``(A) the dates for the planned refinery outage at least 1 year in advance of the date of the expected outage or the date the outage is scheduled; and ``(B) the estimated inventories and production of refined petroleum products during the period described in subparagraph (A); and ``(2) any unplanned refinery outages as soon as practicable ``(c) Review and Analysis of Available Information.--The Administrator shall, on an ongoing basis-- ``(1) review information on planned refinery outages and unplanned refinery outages-- ``(A) reported by refineries under subsection (b); and ``(B) that is available from commercial reporting services; ``(2) analyze that information to determine whether the scheduling of a planned refinery outage or an unplanned refinery outage may nationally or regionally substantially affect the price or supply of any refined petroleum product by-- ``(A) decreasing the production of the refined petroleum product; and ``(B) causing or contributing to a retail or wholesale supply shortage or disruption; and ``(3) alert the Secretary of any refinery outage that the Administrator determines may nationally or regionally substantially affect the price or supply of a refined petroleum product. ``(d) Action by Secretary.--On a determination by the Secretary that a refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages or unplanned refinery outages to prevent significant market disruptions. ``(e) Limitation.--Nothing in this section-- ``(1) alters any existing legal obligation or responsibility of a refinery operator; ``(2) creates any legal right of action; or ``(3) authorizes the Secretary-- ``(A) to prohibit a refinery operator from conducting a planned refinery outage; or ``(B) to require a refinery operator to continue to operate a refinery. ``(f) Study on National Strategic Refined Petroleum Products Reserve.-- ``(1) In general.--Not later than 180 days after the date of enactment of this subsection, the Secretary shall study and submit to Congress a report on the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products. ``(2) Information.--The report required under paragraph (1) shall include information on-- ``(A) the days of existing storage capabilities within the different petroleum administration defense districts based on normal usage of refined petroleum products; ``(B) the feasibility of increasing storage capacity for refined petroleum products on a regional basis; and ``(C) the impact additional storage capacity would have on the retail price of refined petroleum products for consumers in the event of a supply shortage or market disruption from a natural disaster or refinery outage.''.

Summary: Gas Price and Refinery Capacity Relief Act of 2013 - Amends the Energy Independence and Security Act of 2007 to require a refinery owner or operator to report to the Administrator of the Energy Information Administration (EIA): (1) at least one year in advance the schedule for any planned removal from service for maintenance, repair, or modification of any refinery or a unit (planned refinery outage); and (2) as soon as practicable any unplanned refinery outages. Directs the Secretary of Energy to: (1) review, analyze, and make available to refinery operators information on unplanned refinery outages in order to prevent significant market disruptions; and (2) analyze the costs and benefits of creating a national strategic refined petroleum products reserve for refined petroleum products.


SECTION 1. SHORT TITLE. This Act may be cited as the ``School-Based Respiratory Health Management Act''. SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT ALLOW TRAINED SCHOOL PERSONNEL TO ADMINISTER RESCUE MEDICATIONS FOR ALLERGIES AND REVERSIBLE LOWER AIRWAY DISORDERS. Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d)) is amended-- (1) in paragraph (1)-- (A) by amending subparagraph (F) to read as follows: ``(F) School personnel administration of rescue medications for allergies and reversible lower airway disorders.--In determining the preference (if any) to be given to a State under this subsection, the Secretary shall give additional preference to a State that provides to the Secretary the certification described in subparagraph (G) and that requires that each public elementary school and secondary school in the State-- ``(i) has in place a plan for having on the premises of the school during all operating hours of the school a school nurse or one or more other individuals who are trained personnel of the school; and ``(ii) has in place under the direction of a school nurse a comprehensive school-based allergies and reversible lower airway disorders management program that includes-- ``(I) a method to identify all students of such school with a diagnosis of allergies and reversible lower airway disorders; ``(II) an individual student allergies and reversible lower airway disorders action plan for each student of such school with a diagnosis of allergies and reversible lower airway disorders; ``(III) allergies and reversible lower airway disorders education for school staff who are directly responsible for students who have been identified as having allergies or reversible lower airway disorders, such as education regarding basics, management, trigger management, and comprehensive emergency responses with respect to allergies and reversible lower airway disorders; ``(IV) rescue medications for allergies or reversible lower airway disorders and emergency policies that are specific to the school; ``(V) efforts to reduce the presence of environmental triggers of allergies and reversible lower airway disorders; and ``(VI) a system to support students with a diagnosis of allergies or reversible lower airway disorders through coordination with family members of such students, primary care providers of such students, and others as necessary.''; and (B) in subparagraph (G), by inserting ``or rescue medication for allergies or reversible lower airway disorders to a student reasonably believed to have a diagnosis of allergies or reversible lower airway disorders,'' after ``to a student reasonably believed to be having an anaphylactic reaction''; and (2) in paragraph (3)-- (A) in subparagraph (C)-- (i) by striking ``The term'' and inserting ``(i) The term''; and (ii) by adding at the end the following new clause: ``(ii) The term `rescue medications for allergies and reversible lower airway disorders' includes at least short-acting bronchodilators.''; and (B) in subparagraph (E)-- (i) in the matter preceding clause (i), by inserting ``, such as the school nurse'' after ``individual''; (ii) in clause (i)-- (I) by inserting ``school nurse or'' before ``principal''; and (II) by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before ``on a voluntary basis''; (iii) in clause (ii), by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before the semicolon; and (iv) in clause (iii), by inserting ``and rescue medications for allergies and reversible lower airway disorders'' before ``meets appropriate medical standards''.

Summary: School-Based Respiratory Health Management Act This bill amends the Public Health Service Act to revise the conditions under which the Department of Health and Human Services, in making asthma-related grants, gives preference to a state. A preference is given to states that require elementary and secondary schools to have: (1) on the premises during operating hours at least one individual trained in the administration of rescue medications for allergies and reversible lower airway disorders, and (2) an allergies and reversible lower airway disorders management program. Currently, this preference is given to states that require schools to have on the premises an individual trained in the administration of epinephrine to a student having a severe allergic reaction. To be eligible for this preference, a state must have civil liability protections for trained individuals who administer rescue medications for allergies and reversible lower airway disorders.


SECTION 1. SHORT TITLE. This Act may be cited as the ``USDA Civil Rights Resolution Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) there exists a strong public policy against discrimination against minority groups, whether the discrimination is committed by private persons or by the Federal Government in the operation of its programs; (2) whenever discrimination occurs in the conduct of Federal programs, the responsible Federal agencies should take quick and aggressive action to remedy the discrimination; (3) in 1997, it was determined that the Department of Agriculture had, for decades, been guilty of civil rights violations against United States agricultural producers participating, or attempting to participate, in Department programs; (4) in 1998, Congress created a 2-year waiver of the statute of limitations to allow persons injured by discrimination by the Department to seek redress in court or by filing an administrative compliant with the Department; (5) despite the waiver of the statute of limitations, it remains a difficult challenge to ensure that agricultural producers injured by discrimination by the Department over the years will get a speedy and balanced resolution of their complaints because it appears now that-- (A) a number of complaints that have already been investigated by investigators hired by the Office of Civil Rights of the Department are not being resolved; and (B) nothing is being done to expeditiously resolve these cases; and (6) it is unfair for agricultural producers to be faced with these delays because-- (A) the producers cannot get on with their lives, or plan their farming operations, until their complaints are resolved; and (B) the producers are being wronged a second time by delays in resolving meritorious complaints. (b) Purposes.--It is the purpose of this Act-- (1) to impose on the Department of Agriculture a reasonable time limit to resolve the complaints described in subsection (a); and (2) if the Department fails to meet the reasonable time limit, to enable complainants to seek the experience and expertise of the Civil Rights Division of the Department of Justice in resolving the complaints in a timely manner. SEC. 3. WAIVER OF STATUTE OF LIMITATIONS. Section 741(b) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 2279 note; Public Law 105-277) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by striking ``(b) The'' and inserting the following: ``(b) Administrative Determinations.-- ``(1) In general.--The''; (3) by indenting the margins of subparagraphs (A), (B), and (C) (as so redesignated) to reflect the amendment made by paragraph (2); and (4) by adding at the end the following: ``(2) Review by department of justice.-- ``(A) In general.--If a complainant seeks a determination by the Department of Agriculture on the merits of an eligible complaint under paragraph (1) and the complaint is not resolved by the Department within 270 days after the complaint has been investigated by the Department, the complainant may petition the Civil Rights Division of the Department of Justice-- ``(i) to review the complaint; and ``(ii) to make recommendations to the Department of Agriculture to resolve the complaint. ``(B) Deadline.--The Civil Rights Division of the Department of Justice shall conduct the review, and make recommendations to resolve the complaint, not later than 30 days after the complainant files a petition under subparagraph (A). ``(C) Access to review for other cases.-- ``(i) In general.--The right to review by the Department of Justice under this paragraph shall be made available to any complainant with a complaint that-- ``(I) is not considered an eligible complaint under the time criteria described in subsection (e); and ``(II) is pending at the Office of Civil Rights of the Department of Agriculture on the date of enactment of this paragraph. ``(ii) Tolling.--In the case of any complaint that is reviewed by the Department of Justice under this paragraph, after the review process is completed-- ``(I) the complainant-- ``(aa) shall be deemed to have exhausted the administrative remedies of the complainant; and ``(bb) may file an action on the complaint in United States District Court; and ``(II) any applicable statute of limitations shall be tolled for the period beginning on the date that the complaint was filed at the Department of Agriculture and ending on the date of completion of the review by the Department of Justice.''.

Summary: Makes the right to review by the Department of Justice available to any complainant with a complaint that: (1) is not considered an eligible complaint under specified time criteria (eligible complaints were filed before July 1, 1997, and allege discrimination occurred between 1981 and 1996); and (2) is pending at the Office of Civil Rights of the Department of Agriculture on this Act's enactment date. Deems complainants to have exhausted administrative remedies after review is completed and authorizes the filing of actions after such time in a district court. Requires the tolling of any statute of limitations beginning on the date the complaint was filed at the Department of Agriculture and ending on date of completion of review by the Department of Justice.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom of Choice Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States was founded on the principles of individual liberty, personal privacy, and equality. Such principles ensure that each individual is free to make the most intimate decisions free from governmental interference and discrimination. (2) A woman's decision to commence, prevent, continue, or terminate a pregnancy is one of the most intimate decisions an individual ever faces. As such, reproductive health decisions are best made by the woman, in consultation with her medical provider or loved ones, without governmental interference. (3) In 1965, in Griswold v. Connecticut (381 U.S. 479), and in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410 U.S. 179), the Supreme Court recognized the right to privacy protected by the Constitution and that such right encompassed the right of every woman to weigh the personal, moral, and religious considerations involved in deciding whether to commence, prevent, continue, or terminate a pregnancy. (4) The Roe v. Wade decision carefully balanced the rights of women to make important reproductive decisions with the state's interest in potential life. Under Roe v. Wade and Doe v. Bolton, a woman's right to choose to terminate her pregnancy is absolute only prior to fetal viability, with the state permitted to ban abortion after fetal viability except when necessary to protect the life or health of a woman. (5) These decisions have protected the health and lives of women in the United States. Prior to the Roe v. Wade decision, an estimated 1,200,000 women each year were forced to resort to illegal abortions, despite the known hazards that included unsanitary conditions, incompetent treatment, infection, hemorrhage, disfiguration, and death. (6) According to one estimate, prior to 1973, as many as 5,000 women died each year in the United States as a result of having an illegal abortion. (7) In countries where abortion remains illegal, the risk of complications and maternal mortality is high. According to the World Health Organization, of the approximately 600,000 pregnancy-related deaths occurring annually around the world, 80,000 are associated with unsafe abortions. (8) The Roe v. Wade decision expanded the opportunities for women to participate equally in society. In 1992, in Planned Parenthood v. Casey (505 U.S. 833), the Supreme Court observed that, ``[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives.''. (9) Even though the Roe v. Wade decision guaranteed a constitutional right to choose whether to terminate or continue a pregnancy, threats to that right remain, including possible reversal or further erosion by the Supreme Court of the right, and legislative and administrative policies at all levels of government that make abortion more difficult and dangerous to obtain. (10) 87 percent of the counties in the United States have no abortion provider. (11) Legal barriers to the full range of reproductive services endanger the health and lives of women. (12) Women should have meaningful access to reproductive health services to prevent unintended pregnancies, thereby reducing the need for abortions. (13) To ensure that a woman's right to choose whether to terminate a pregnancy is available to all women in the United States, Federal protection for that right is necessary. (14) Although Congress may not create constitutional rights without amending the Constitution, Congress may, where authorized by its enumerated powers and not prohibited by the Constitution, enact legislation to create and secure statutory rights in areas of legitimate national concern. (15) Congress has the affirmative power under section 8 of article I of the Constitution and section 5 of the 14th amendment to the Constitution to enact legislation to facilitate interstate commerce and to prevent State interference with interstate commerce, liberty, or equal protection of the laws. (16) Federal protection of a woman's right to choose to prevent or terminate a pregnancy falls within this affirmative power of Congress, in part, because-- (A) many women cross State lines to obtain abortions and many more would be forced to do so absent a constitutional right or Federal protection; (B) reproductive health clinics are commercial actors that regularly purchase medicine, medical equipment, and other necessary supplies from out-of- State suppliers; and (C) reproductive health clinics employ doctors, nurses, and other personnel who travel across State lines in order to provide reproductive health services to patients. SEC. 3. DEFINITIONS. In this Act: (1) Government.--The term ``government'' includes a branch, department, agency, instrumentality, or official (or other individual acting under color of law) of the United States, a State, or a subdivision of a State. (2) State.--The term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States. (3) Viability.--The term ``viability'' means that stage of pregnancy when, in the best medical judgment of the attending physician based on the particular medical facts of the case before the physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the woman. SEC. 4. INTERFERENCE WITH REPRODUCTIVE HEALTH PROHIBITED. (a) Statement of Policy.--It is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman. (b) Prohibition of Interference.--A government may not-- (1) deny or interfere with a woman's right to choose-- (A) to bear a child; (B) to terminate a pregnancy prior to viability; or (C) to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or (2) discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information. (c) Civil Action.--An individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which the provision is held to be unconstitutional, shall not be affected thereby. SEC. 6. RETROACTIVE EFFECT. This Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.

Summary: Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate it after fetal viability when necessary to protect her life or her health. Prohibits a governmental entity from : (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in its regulation or provision of benefits, facilities, services, or information. Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity in a civil action. States that this Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure Resiliency and Sustainability Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Hydrologic condition.--The term ``hydrologic condition'' means the quality, quantity, or reliability of the water resources of a region of the United States. (3) Owner or operator of a water system.-- (A) In general.--The term ``owner or operator of a water system'' means an entity (including a regional, State, tribal, local, municipal, or private entity) that owns or operates a water system. (B) Inclusions.--The term ``owner or operator of a water system'' includes-- (i) a non-Federal entity that has operational responsibilities for a federally, tribally, or State-owned water system; and (ii) an entity established by an agreement between-- (I) an entity that owns or operates a water system; and (II) at least 1 other entity. (4) Water system.--The term ``water system'' means-- (A) a community water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)), including a municipal separate storm sewer system (as that term is used in that Act (33 U.S.C. 1251 et seq.)); (C) a decentralized wastewater treatment system for domestic sewage; (D) a groundwater storage and replenishment system; (E) a system for transport and delivery of water for irrigation or conservation; or (F) a natural or engineered system that manages floodwater. SEC. 3. WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY. (a) Program.--The Administrator shall establish and implement a program, to be known as the ``Water Infrastructure Resiliency and Sustainability Program'', under which the Administrator shall award grants for each of fiscal years 2015 through 2019 to owners or operators of water systems for the purpose of increasing the resiliency or adaptability of the water systems to any ongoing or forecasted changes (based on the best available research and data) to the hydrologic conditions of a region of the United States. (b) Use of Funds.--As a condition on receipt of a grant under this Act, an owner or operator of a water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, implementation, operation, or maintenance of a program or project that meets the purpose described in subsection (a) by-- (1) conserving water or enhancing water use efficiency, including through the use of water metering and electronic sensing and control systems to measure the effectiveness of a water efficiency program; (2) modifying or relocating existing water system infrastructure made or projected to be significantly impaired by changing hydrologic conditions; (3) preserving or improving water quality, including through measures to manage, reduce, treat, or reuse municipal stormwater, wastewater, or drinking water; (4) investigating, designing, or constructing groundwater remediation, recycled water, or desalination facilities or systems to serve existing communities; (5) enhancing water management by increasing watershed preservation and protection, such as through the use of natural or engineered green infrastructure in the management, conveyance, or treatment of water, wastewater, or stormwater; (6) enhancing energy efficiency or the use and generation of renewable energy in the management, conveyance, or treatment of water, wastewater, or stormwater; (7) supporting the adoption and use of advanced water treatment, water supply management (such as reservoir reoperation and water banking), or water demand management technologies, projects, or processes (such as water reuse and recycling, adaptive conservation pricing, and groundwater banking) that maintain or increase water supply or improve water quality; (8) modifying or replacing existing systems or constructing new systems for existing communities or land that is being used for agricultural production to improve water supply, reliability, storage, or conveyance in a manner that-- (A) promotes conservation or improves the efficiency of use of available water supplies; and (B) does not further exacerbate stresses on ecosystems or cause redirected impacts by degrading water quality or increasing net greenhouse gas emissions; (9) supporting practices and projects, such as improved irrigation systems, water banking and other forms of water transactions, groundwater recharge, stormwater capture, groundwater conjunctive use, and reuse or recycling of drainage water, to improve water quality or promote more efficient water use on land that is being used for agricultural production; (10) reducing flood damage, risk, and vulnerability by-- (A) restoring floodplains, wetland, and upland integral to flood management, protection, prevention, and response; (B) modifying levees, floodwalls, and other structures through setbacks, notches, gates, removal, or similar means to facilitate reconnection of rivers to floodplains, reduce flood stage height, and reduce damage to properties and populations; (C) providing for acquisition and easement of flood-prone land and properties in order to reduce damage to property and risk to populations; or (D) promoting land use planning that prevents future floodplain development; (11) conducting and completing studies or assessments to project how changing hydrologic conditions may impact the future operations and sustainability of water systems; or (12) developing and implementing measures to increase the resilience of water systems and regional and hydrological basins, including the Colorado River Basin, to rapid hydrologic change or a natural disaster (such as tsunami, earthquake, flood, or volcanic eruption). (c) Application.--To seek a grant under this Act, the owner or operator of a water system shall submit to the Administrator an application that-- (1) includes a proposal for the program, strategy, or infrastructure improvement to be planned, designed, constructed, implemented, or maintained by the water system; (2) provides the best available research or data that demonstrate-- (A) the risk to the water resources or infrastructure of the water system as a result of ongoing or forecasted changes to the hydrologic system of a region, including rising sea levels and changes in precipitation patterns; and (B) the manner in which the proposed program, strategy, or infrastructure improvement would perform under the anticipated hydrologic conditions; (3) describes the manner in which the proposed program, strategy, or infrastructure improvement is expected-- (A) to enhance the resiliency of the water system, including source water protection for community water systems, to the anticipated hydrologic conditions; or (B) to increase efficiency in the use of energy or water of the water system; and (4) describes the manner in which the proposed program, strategy, or infrastructure improvement is consistent with an applicable State, tribal, or local climate adaptation plan, if any. (d) Priority.-- (1) Water systems at greatest and most immediate risk.--In selecting grantees under this Act, subject to section 4(b), the Administrator shall give priority to owners or operators of water systems that are, based on the best available research and data, at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. (2) Goals.--In selecting among applicants described in paragraph (1), the Administrator shall ensure that, to the maximum extent practicable, the final list of applications funded for each year includes a substantial number that propose to use innovative approaches to meet 1 or more of the following goals: (A) Promoting more efficient water use, water conservation, water reuse, or recycling. (B) Using decentralized, low-impact development technologies and nonstructural approaches, including practices that use, enhance, or mimic the natural hydrological cycle or protect natural flows. (C) Reducing stormwater runoff or flooding by protecting or enhancing natural ecosystem functions. (D) Modifying, upgrading, enhancing, or replacing existing water system infrastructure in response to changing hydrologic conditions. (E) Improving water quality or quantity for agricultural and municipal uses, including through salinity reduction. (F) Providing multiple benefits, including to water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement. (e) Cost-Sharing Requirement.-- (1) Federal share.--The share of the cost of any program, strategy, or infrastructure improvement that is the subject of a grant awarded by the Administrator to the owner or operator of a water system under subsection (a) paid through funds distributed under this Act shall not exceed 50 percent of the cost of the program, strategy, or infrastructure improvement. (2) Calculation of non-federal share.--In calculating the non-Federal share of the cost of a program, strategy, or infrastructure improvement proposed by a water system in an application submitted under subsection (c), the Administrator shall-- (A) include the value of any in-kind services that are integral to the completion of the program, strategy, or infrastructure improvement, including reasonable administrative and overhead costs; and (B) not include any other amount that the water system involved receives from the Federal Government. (f) Davis-Bacon Compliance.-- (1) In general.--All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the ``Davis-Bacon Act''). (2) Authority.--With respect to the labor standards specified in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (g) Report to Congress.--Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Administrator shall submit to Congress a report that-- (1) describes the progress in implementing this Act; and (2) includes information on project applications received and funded annually under this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2015 through 2019. (b) Reduction of Flood Damage, Risk, and Vulnerability.--Of the amount made available to carry out this Act for a fiscal year, not more than 20 percent may be made available to grantees for activities described in subsection (b)(10).

Summary: Water Infrastructure Resiliency and Sustainability Act of 2015 This bill requires the Environmental Protection Agency (EPA) to establish the Water Infrastructure Resiliency and Sustainability Program to provide grants in each of FY2015-FY2019 for programs or projects to increase the resiliency or adaptability of water systems to any ongoing or forecasted changes to the hydrologic conditions of a U.S. region. A water system is a community water system, a treatment works, a decentralized wastewater treatment system for domestic sewage, a groundwater storage and replenishment system, a system for transport and delivery of water for irrigation or conservation, or a natural or engineered system that manages floodwater. The EPA must give priority to owners or operators of water systems that are at the greatest and most immediate risk of facing significant negative impacts due to changing hydrologic conditions. The EPA must ensure, to the maximum extent practicable, that the list of grant applications funded includes a substantial number that propose to use innovative approaches that meet at least one of these goals: promote more efficient water use, conservation, reuse, or recycling; use decentralized, low-impact development technologies and nonstructural approaches; reduce stormwater runoff or flooding by protecting or enhancing natural ecosystem functions; modify, upgrade, enhance, or replace existing water system infrastructure in response to changing hydrologic conditions; improve water quality or quantity for agricultural and municipal uses; and provide multiple benefits, including water supply enhancement or demand reduction, water quality protection or improvement, increased flood protection, and ecosystem protection or improvement.


SECTION 1. FINDINGS. The Congress finds the following: (1) The goal of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) is to maintain marine mammal species and population stocks at their optimum sustainable populations. (2) If the annual removals of individuals of a species or population stock of marine mammals do not exceed the potential biological removal level, the species or population stock will be maintained at, or reach, its optimum sustainable population. (3) Requiring that commercial fishermen achieve a zero mortality rate goal for a species or population stock of marine mammals that is equal to or less than 10 percent of the potential biological removal of a given marine mammal species or population stock is unnecessary to achieve that Act's goal of maintaining species and stocks at their optimum sustainable population and penalizes commercial fishermen. (4) The Congress intended that the zero mortality rate goal under that Act would be met if fishermen use the best technology that is economically and technologically feasible. (5) Species and populations stocks of marine mammal that have reached historic levels are impeding the recovery of endangered species and threatened species through predation or competition in the ecosystem. (6) The fundamental principles of ecosystem management are defeated by giving one species a preeminent position in the ecosystem through, imposition of a zero mortality rate goal. (7) All persons that interact with marine mammals should seek to reduce and eliminate marine mammal injuries and mortalities through the use of the best equipment and techniques that are economically and technologically feasible. SEC. 2. MODIFICATION OF GOALS FOR REDUCING INCIDENTAL TAKE OF MARINE MAMMALS IN COMMERCIAL FISHING. (a) Repeal of Zero Mortality Goal.--Section 118 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1387) is amended by striking subsection (b), and by redesignating subsections (c) through (l) in order as subsections (b) through (k). (b) Conforming Amendments.--Such Act is further amended as follows: (1) In section 101(a)(2) (16 U.S.C. 1371(a)(2)) by striking the third sentence. (2) In section 101(a)(5)(E)(i)(III) (16 U.S.C. 1371(a)(5)(E)(i)(III) by striking ``subsection (d)'' and inserting ``subsection (c)''. (3) In section 115(b)(4) (16 U.S.C. 1384(b)(4)) by striking ``section 118(f)(1)'' and inserting ``section 118(e)(1)''. (4) In section 117(a)(4) (16 U.S.C. 1386(a)(4)) in subparagraph (D) by striking ``, and an analysis'' and all that follows through the end of the subparagraph and inserting a semicolon. (5) In section 118 (16 U.S.C. 1387) by striking ``subsection (c)(1)(A) (i)'' each place it appears and inserting ``subsection (b)(1)(A)(i)''. (6) In section 118 (16 U.S.C. 1387) by striking ``subsection (c)(1)(A)(i)'' each place it appears and inserting ``subsection (b)(1)(A)(i)''. (7) In section 118(a)(1) (16 U.S.C. 1387(a)(1)) by striking the last sentence. (8) In section 118(b), as redesignated by subsection (a) of this section 16 U.S.C. 1387(c)(1)(B)), by striking ``subsection (e)'' each place it appears and inserting ``subsection (d)''. (9) In section 118(c)(1)(B), as redesignated by subsection (a) of this section (16 U.S.C. 1387(d)(1)(B)), by striking ``subsection (e)'' and inserting ``subsection (d)''. (10) In section 118(e)(9)(D), as redesignated by subsection (a) of this section (16 U.S.C. 1387(f)(9)(D)), by striking ``subsection (d)'' and inserting ``subsection (c)''. (11) In section 118(f)(1), as redesignated by subsection (a) of this section (16 U.S.C. 1387(g)(1)), by striking ``subsection (c)(1)(A)(iii)'' each place it appears and inserting ``subsection (b)(1)(A)(iii)''. (12) In section 118(g), as redesignated by subsection (a) of this section (16 U.S.C. 1387(h)), by striking ``subsection (c)'' and inserting ``subsection (b)''. (13) In section 120(j)(2) (16 U.S.C. 1389(j)(2)) by striking ``118(f)(5)(A)'' and inserting ``118(e)(5)(A)''. (c) Modification of Goal of Take Reduction Plans.--Section 118(e)(2) of such Act, as redesignated by subsection (a) of this section (16 U.S.C. 1387(f)(2)), is amended by striking the last sentence and inserting the following: ``The long-term goal of the plan shall be to reduce, within 5 years after its implementation, the incidental mortality or serious injury of marine mammals incidentally taken in the course of fishing operations taking into account the economics of the fishery, the availability of existing technology, and existing State or regional fishery management plans.''.

Summary: Amends the Marine Mammal Protection Act of 1972 to repeal the long-term goal of reducing to zero the incidental mortality and serious injury of marine mammals in commercial fishing operations. Makes reduction of such incidental mortality and serious injury (but not to any specified percentage) the long-term goal.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Readiness Act of 2003''. SEC. 2. MILITARY READINESS AND THE CONSERVATION OF PROTECTED SPECIES. (a) Designation of Critical Habitat.--Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended by striking ``prudent and determinable'' and inserting ``necessary''. (b) Limitation on Designation of Critical Habitat.--Section 4(a)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(3)) is amended-- (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting ``(A)'' after ``(3)''; and (3) by adding at the end the following: ``(B)(i) The Secretary shall not designate as critical habitat any lands or other geographical areas owned or controlled by the Department of Defense, or designated for its use, that are subject to an integrated natural resources management plan prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the Secretary determines that such plan addresses special management considerations or protection (as those terms are used in section 3(5)(A)(i)). ``(ii) Nothing in this paragraph affects the requirement to consult under section 7(a)(2) with respect to an agency action (as that term is defined in that section). ``(iii) Nothing in this paragraph affects the obligation of the Department of Defense to comply with section 9, including the prohibition preventing extinction and taking of endangered species and threatened species.''. (c) Consideration of Effects of Designation of Critical Habitat.-- Section 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by inserting ``the impact on national security,'' after ``the economic impact,''. SEC. 3. AMENDMENT TO DEFINITION OF HARASSMENT UNDER MARINE MAMMAL PROTECTION ACT OF 1972. Section 3(18) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(18)) is amended by striking the matter preceding subparagraph (B) and inserting the following: ``(18)(A) The term `harassment' means-- ``(i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild; or ``(ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered.''. SEC. 4. EXEMPTION OF ACTIONS NECESSARY FOR NATIONAL DEFENSE. Section 101 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371) is amended by inserting after subsection (e) the following: ``(f) Exemption of Actions Necessary for National Defense.--(1) The Secretary of Defense, after conferring with the Secretary of Commerce, the Secretary of the Interior, or both, as appropriate, may exempt any action or category of actions undertaken by the Department of Defense or its components from compliance with any requirement of this Act, if the Secretary determines that it is necessary for national defense. ``(2) An exemption granted under this subsection-- ``(A) subject to subparagraph (B), shall be effective for a period specified by the Secretary of Defense; and ``(B) shall not be effective for more than 2 years. ``(3)(A) The Secretary of Defense may issue additional exemptions under this subsection for the same action or category of actions, after-- ``(i) conferring with the Secretary of Commerce, the Secretary of the Interior, or both as appropriate; and ``(ii) making a new determination that the additional exemption is necessary for national defense. ``(B) Each additional exemption under this paragraph shall be effective for a period specified by the Secretary of Defense, of not more than 2 years.''. SEC. 5. INCIDENTAL TAKINGS OF MARINE MAMMALS IN MILITARY READINESS ACTIVITY. Section 101(a)(5) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(5)) is amended-- (1) in subparagraph (A)-- (A) by striking ``within a specified geographical region''; (B) by striking ``within that region of small numbers''; and (C) by adding at the end the following: ``Notwithstanding the preceding sentence, the Secretary is not required to publish notice under this subparagraph with respect to incidental takings while engaged in military readiness activities authorized by the Secretary of Defense, except in the Federal Register.''; (2) in subparagraph (B)-- (A) by striking ``within a specified geographical region''; and (B) by striking ``within one or more regions''; and (3) in subparagraph (D)-- (A) in clause (i)-- (i) by striking ``within a specific geographic region''; (ii) by striking ``of small numbers''; and (iii) by striking ``within that region''; and (B) by adding at the end the following: ``(vi) Notwithstanding clause (iii), the Secretary is not required to publish notice under this subparagraph with respect to an authorization under clause (i) of incidental takings while engaged in military readiness activities authorized by the Secretary of Defense, except in the Federal Register.''. SEC. 6. LIMITATION ON DEPARTMENT OF DEFENSE RESPONSIBILITY FOR CIVILIAN WATER CONSUMPTION IMPACTS ON CRITICAL HABITAT OR ENDANGERED SPECIES. (a) Rule of Construction.--For purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536), the terms ``action'' and ``agency action'', when applied to any action of the Department of Defense, shall not include water consumption of any kind unless-- (1) such water consumption occurs on a military installation, whether the source of the water consumed is located on or off the installation; or (2) such water consumption occurs off of a military installation and the source of the water is under the direct control of the Department of Defense. (b) Voluntary Efforts.--Nothing in this section shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption. (c) Definitions.--In this section: (1) The term ``military installation'' has the meaning given such term in section 2687(e) of title 10, United States Code. (2) The term ``water consumption'' means the use of water, from any source, for human purposes of any kind, including household or industrial use, irrigation, or landscaping. (d) Effective Date.--This section applies only to Department of Defense actions regarding which consultation or reconsultation under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is first required on or after the date of the enactment of this Act.

Summary: National Security Readiness Act of 2003 - Amends the Endangered Species Act of 1973 (ESA) to prohibit the Secretary of the Interior (or the Secretary of Commerce, as appropriate) from designating as critical habitat any land or geographical area controlled by the Department of Defense, or designated for its use, that is subject to an integrated natural resources management plan for a military installation under the Sikes Act, if the Secretary determines that the plan addresses special management considerations or protections. Amends the Marine Mammal Protection Act of 1972 (MMPA) to redefine the term "harassment" as it relates to marine mammals to limit the meaning of: (1) any act that has the potential to injure a marine mammal or marine mammal stock in the wild to any act that has the significant potential to cause such an injury; and (2) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing a disruption of natural behavioral patterns to causing such a disruption to the point where such behavioral patterns are abandoned or significantly altered. Authorizes the Secretary of Defense, after conferring with the Secretary of Commerce or the Secretary of the Interior (as appropriate), to exempt any action undertaken by the Department of Defense from requirements of the MMPA, if the Secretary of Defense determines that the action is necessary for national defense. Limits such exemption to a renewable two-year period. Repeals the limitation to a specified geographical region or a region of small numbers of any allowance of incidental, but not intentional, taking of marine mammals by U.S. citizens engaged in a specified activity (including a military readiness activity) other than commercial fishing. Exempts the Secretary of the Interior (or, as appropriate, the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating) from the requirement to publish notice (except in the Federal Register) with respect to incidental takings of marine mammals and marine mammal products while engaged in military readiness activities authorized by the Secretary of Defense. (Currently, the appropriate Secretary is required to publish notice also in newspapers of general circulation, and through electronic media, in the coastal areas that may be affected.) Limits the Department of Defense responsibility under ESA for water consumption impacts on critical habitats or endangered species to: (1) water consumption occurring on a military installation, whether the source of the water consumed is located on or off the installation; or (2) water consumption occurring off of a military installation and the source of the water is under the direct control of the Department of Defense. (Exempts military installations from certain ESA requirements regarding official actions or agency actions with respect to civilian water consumption impacts on critical habitats or endangered species.) States that nothing shall prohibit a military installation from voluntarily undertaking efforts to mitigate water use and consumption.