SECTION 1. SHORT TITLE. This Act may be cited as the ``Misclassification of Employees Act''. SEC. 2. PROCEDURES APPLICABLE TO DETERMINATIONS OF EMPLOYMENT STATUS. (a) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- (1) In general.--Section 3509 of the Internal Revenue Code of 1986 (relating to determination of employer's liability for certain employment taxes) is amended by adding at the end the following new subsection: ``(e) Waiver of Employment Tax Liability for Reasonable Good Faith Misclassification Based on Common Law Rules.-- ``(1) In general.--For purposes of determining the liability of any taxpayer for employment taxes with respect to any individual for any period, such individual shall be deemed not to have been an employee of the taxpayer for such period if-- ``(A) the taxpayer did not treat such individual as an employee for purposes of the employment taxes for such period, ``(B) the taxpayer's treatment of such individual as not being an employee was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship, ``(C) all Federal tax returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period were filed on a basis consistent with the taxpayer's treatment of such individual as not being an employee, ``(D) the taxpayer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for purposes of the employment taxes for any period beginning after December 31, 1977, and ``(E) the taxpayer enters into a closing agreement under section 7121 with the Secretary (in the time and manner determined by the Secretary) agreeing to treat such individual, and any other individual holding a substantially similar position, as employees and to file all Federal employment tax returns with respect to such individuals on a basis consistent with the taxpayer's treatment of such individuals as employees. ``(2) Definition and special rules.-- ``(A) Employment tax.--For purposes of this subsection, the term `employment tax' means any tax imposed by this subtitle, including any interest, penalty, or additional amount with respect to such tax. ``(B) No refund or credit of overpayment.--No refund or credit of any overpayment of an employment tax resulting from the application of paragraph (1) shall be allowed, notwithstanding that the period for filing a claim for refund or credit of such overpayment is not barred on the effective date of this subsection. ``(3) Termination.--This subsection shall not apply if the closing agreement referred to in paragraph (1)(E) is entered into more than 1 year after the date of the enactment of this subsection.'' (2) Monitoring of closing agreement required.--The Secretary of the Treasury or his delegate shall monitor compliance with each closing agreement referred to in section 3509(e)(1)(E) of the Internal Revenue Code of 1986 (as added by this section) for not less than 5 years after the date such agreement is entered into. Such monitoring shall include not only monitoring the payments made to the individuals specified in the agreement but also the aggregate wages paid to employees and the aggregate payments to independent contractors for services. (b) Modifications to Safe Harbor for Classifications of Individuals as Nonemployees.-- (1) Requirement of reasonable basis.--Paragraph (1) of section 530(a) of the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of the employment taxes) is amended by striking ``unless the taxpayer had no reasonable basis'' and inserting the following: ``if the taxpayer had a reasonable basis''. (2) Only recent employment tax audit is reasonable basis.-- (A) In general.--Paragraph (2) of section 530(a) of the Revenue Act of 1978 is amended-- (i) by striking the paragraph caption and inserting the following: ``Reasonable basis for not treating individual as employee.--'', (ii) in the matter preceding subparagraph (A)-- (I) by striking ``in any case'', and (II) by inserting ``only'' before ``if the taxpayer's'', and (iii) by striking subparagraph (B) and inserting the following new subparagraph: ``(B)(i) an Internal Revenue Service audit of the taxpayer-- ``(I) was conducted solely for employment tax purposes not more than 3 years before such period, and ``(II) included an examination for employment tax purposes of individuals holding positions substantially similar to the positions held by the individual involved, ``(ii) upon completion of such audit the taxpayer was notified in writing by the Internal Revenue Service that the treatment for employment tax purposes of the individuals referred to in clause (i)(II) was correct, and ``(iii) such notification is not revoked before such period; or''. (B) Conforming amendment.--Subparagraph (A) of section 530(e)(2) of the Revenue Act of 1978 (as amended by section 1121 of the Small Business Job Protection Act of 1996) is repealed. (c) Termination of Treatment of Certain Technical Personnel.-- Subsection (d) of section 530 of the Revenue Act of 1978 is repealed. (d) Authority for Regulations and Rulings on Employment Status.-- Subsection (b) of section 530 of the Revenue Act of 1978 is repealed. (e) Payors To Notify Service Providers of Consequences of Employment Status.-- (1) Section 6041 of such Code (relating to information at source) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Additional Information Required To Be Included on Statements Covering Payments for Services.--In the case of a statement required under subsection (d) with respect to any payment for services, such statement shall be treated as not satisfying the requirements of subsection (d) unless such statement includes the following information: ``(1) The payor is treating the payee as not being an employee and the payee may be liable for self-employment tax. ``(2) If the payee believes that he should properly be treated as an employee, an explanation of the procedure for obtaining Internal Revenue Service review of his status. ``(3) The payee will not be eligible for any employee fringe benefits and may lose protections or benefits under Federal laws relating to fair labor standards, occupational health and safety, civil rights, unemployment insurance, and worker's compensation. ``(4) An explanation of tax benefits to the self-employed such as retirement plans and deduction for a portion of the cost of health insurance.'' (2) Section 6041A of such Code (relating to returns regarding payments of remuneration for services and direct sales) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Additional Information Required To Be Included on Statements.--In the case of a statement required under subsection (e), such statement shall be treated as not satisfying the requirements of subsection (e) unless such statement includes the information specified in paragraphs (1) through (4) of section 6041(e).'' (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect beginning on the date which is 120 days after the date of the enactment of this Act. (2) Modifications to safe harbor; termination of treatment of technical personnel.--The amendments made by subsections (b) and (c) shall apply to periods ending on or after the date which is 120 days after the date of the enactment of this Act. SEC. 3. CLASSIFICATION OF INDIVIDUALS AS EMPLOYEES FOR PURPOSES OF UNEMPLOYMENT COMPENSATION PROGRAM. (a) Uniform Federal and State Definition of Employee.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to requirements for approval of State unemployment compensation laws) is amended by striking ``and'' at the end of paragraph (18), by redesignating paragraph (19) as paragraph (18), and by inserting after paragraph (18) the following new paragraph: ``(19) the determination of whether an individual is an employee of another person shall be made in accordance with section 3306(i); and''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 180th day after the date of the enactment of this Act. (2) Special rule.--In the case of any State the legislature of which has not been in session for at least 30 calendar days (whether or not successive) between the date of the enactment of this Act and such 180th day, the amendments made by this section shall take effect 30 calendar days after the 1st day on which such legislature is in session on or after such 180th day.

Summary: Misclassification of Employees Act - Amends the Internal Revenue Code to provide for the waiver of employment tax liability for employers for any period if: (1) the employer did not treat an individual as an employee for purposes of employment taxes; (2) the treatment of such individual was based on a reasonable good faith misapplication of the common law rules used for determining the employer-employee relationship; (3) Federal tax returns for such period were filed on a basis consistent with the treatment of such individual as not being an employee; (4) the employer (and any predecessor) did not treat any other individual holding a substantially similar position as an employee for employment tax purposes after December 31, 1977; and (5) the employer enters into a closing agreement with, and monitored by, the Secretary of the Treasury with respect to treating such individual as an employee. Amends the Revenue Act of 1978 (relating to controversies involving whether individuals are employees for purposes of employment taxes) to require an employer to have a reasonable basis for not treating an individual as an employee. Requires the use of a recent prior audit as a reasonable basis. Excludes certain skilled technical personnel from such tax treatment. Removes the prohibition against regulations and rulings on employment status. Amends the Internal Revenue Code to set forth additional information to be included on statements covering payments for services. Provides for the determination of whether an individual is an employee of another person for purposes of unemployment compensation.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Joe Testaverde Adult Stem Cell Research Act of 2005''. SEC. 2. EXPANSION, INTENSIFICATION, AND COORDINATION OF ACTIVITIES OF NATIONAL INSTITUTES OF HEALTH REGARDING QUALIFYING ADULT STEM CELL RESEARCH. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. QUALIFYING ADULT STEM CELL RESEARCH. ``(a) In General.-- ``(1) Expansion of activities.--The Director of NIH shall expand, intensify, and coordinate the activities of the National Institutes of Health regarding qualifying adult stem cell research. ``(2) Collaboration among agencies.--The Director shall carry out this section in collaboration with any other agencies that the Director determines appropriate. ``(b) Centers of Excellence.-- ``(1) In general.--In carrying out subsection (a)(1), the Director shall make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding qualifying adult stem cell research. ``(2) Research.--Each center shall conduct basic and clinical research regarding qualifying adult stem cells. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of disease. ``(3) Services for patients.-- ``(A) In general.--A center may expend amounts provided under paragraph (1) to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. ``(B) Referrals and costs.--A program under subparagraph (A) may, in accordance with such criteria as the Director may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. ``(C) Availability and access.--The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Director in decisions about awarding grants to applicants which meet the scientific criteria for funding under this section. ``(4) Coordination of centers; reports.--The Director shall, as appropriate, provide for the coordination of information among centers and ensure regular communication between such centers, and may require the periodic preparation of reports on the activities of the centers and the submission of the reports to the Director. ``(5) Organization of centers.--Each center shall use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director. ``(6) Number of centers; duration of support.-- ``(A) In general.--The Director shall provide for the establishment of not less than five centers under paragraph (1). ``(B) Duration.--Support for a center may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director and if such group has recommended to the Director that such period should be extended. ``(c) Facilitation of Research.--In carrying out subsection (a)(1), the Director shall provide for a program under which samples of tissues and genetic materials that are of use in qualifying adult stem cell research are donated, collected, preserved, and made available for such research. The program shall be carried out in accordance with accepted scientific and medical standards for the donation, collection, and preservation of such samples. ``(d) Public Input.--In carrying out subsection (a)(1), the Director shall provide for means through which the public can obtain information on the existing and planned programs and activities of the National Institutes of Health regarding qualifying adult stem cell research and through which the Director can receive comments from the public regarding such programs and activities. ``(e) Definitions.--In this section: ``(1) The term `center' means a center of excellence under subsection (b)(1). ``(2) The term `Director' means the Director of NIH. ``(3) The term `qualifying adult stem cell' means a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion). ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2006 and each subsequent fiscal year. Such authorization of appropriations is in addition to any other authorization of appropriations that is available for activities of the National Institutes of Health regarding qualifying adult stem cell research.''.

Summary: Joe Testaverde Adult Stem Cell Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand, intensify, and coordinate NIH activities regarding qualifying adult stem cell research. Defines "qualifying adult stem cell" to mean a human stem cell obtained from a human placenta, umbilical cord blood, an organ or tissue of a living or deceased human being who has been born, or an organ or tissue of unborn human offspring who died of natural causes (such as spontaneous abortion). Requires the Director to award grants and contracts to plan, establish, improve, and provide basic operating support for no less than five centers of excellence regarding such research. Requires each center to conduct basic and clinical research, including investigations into the cause, diagnosis, early detection, prevention, control, and treatment of disease. Allows a center to: (1) make individuals aware of opportunities to participate as subjects in research; and (2) provide referrals for health and other services. Requires the Director to provide for: (1) a program under which samples of tissues and genetic materials that are of use in qualifying adult stem cell research are donated, collected, preserved, and made available for such research; and (2) means through which the public can obtain information on NIH programs and activities related to such research and through which the Director can receive comments from the public.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Solar Fuels Innovation Act''. SEC. 2. SOLAR FUELS BASIC RESEARCH INITIATIVE. (a) Amendment.--Section 973 of the Energy Policy Act of 2005 (42 U.S.C. 16313) is amended to read as follows: ``SEC. 973. SOLAR FUELS BASIC RESEARCH INITIATIVE. ``(a) Initiative.-- ``(1) In general.--The Secretary shall carry out a research initiative, to be known as the Solar Fuels Basic Research Initiative, to expand theoretical and fundamental knowledge of photochemistry, electrochemistry, biochemistry, and materials science useful for the practical development of experimental systems to convert solar energy to chemical energy. ``(2) Leveraging.--The Secretary shall leverage expertise and resources from the Basic Energy Sciences Program and Biological and Environmental Research Program within the Office of Science, and the Office of Energy Efficiency and Renewable Energy, as provided under subsections (b) and (c). ``(3) Teams.--The Secretary shall organize activities under the Solar Fuels Basic Research Initiative to include multidisciplinary teams leveraging expertise from the National Laboratories, universities, and the private sector to the extent practicable. These multidisciplinary teams shall pursue aggressive, milestone-driven basic research goals. The Secretary shall provide sufficient resources for those teams to achieve those goals over a period of time to be determined by the Secretary. ``(4) Additional activities.--The Secretary is authorized to organize additional activities under this subsection through Energy Frontier Research Centers, Energy Innovation Hubs, or other organizational structures. ``(b) Artificial Photosynthesis.-- ``(1) In general.--The Secretary shall, as part of the Solar Fuels Basic Research Initiative, carry out a program to support research needed to bridge scientific barriers and discover knowledge relevant to artificial photosynthetic systems. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences shall support basic research to pursue distinct lines of scientific inquiry, including photoinduced production of hydrogen and oxygen from water, and the sustainable photoinduced reduction of carbon dioxide to fuel products including hydrocarbons, alcohols, carbon monoxide, and natural gas. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. ``(2) Standard of review.--The Secretary shall review the program activities under this subsection to determine the achievement of technical milestones. ``(3) Authorization of appropriations.-- ``(A) Authorization.--Subject to subsection (d), there are authorized for carrying out activities under this subsection for each of fiscal years 2017 through 2020-- ``(i) $50,000,000 from funds within the Basic Energy Sciences Program account; and ``(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. ``(B) Prohibition.--No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. ``(c) Biochemistry, Replication of Natural Photosynthesis, and Related Processes.-- ``(1) In general.--The Secretary shall, as part of the Solar Fuels Basic Research Initiative, carry out a program to support research needed to replicate natural photosynthetic processes by use of artificial photosynthetic components and materials. In carrying out activities under this subsection, the Director of the Office of Basic Energy Sciences shall support basic research to expand fundamental knowledge to replicate natural synthesis processes, including the photoinduced reduction of dinitrogen to ammonia, absorption of carbon dioxide from ambient air, molecular-based charge separation and storage, photoinitiated electron transfer, and catalysis in biological or biomimetic systems. The Associate Director of Biological and Environmental Research shall support systems biology and genomics approaches to understand genetic and physiological pathways connected to photosynthetic mechanisms. The Assistant Secretary for Energy Efficiency and Renewable Energy shall support translational research, development, and validation of physical concepts developed under this subsection. ``(2) Standard of review.--The Secretary shall review the program activities under this subsection to determine the achievement of technical milestones. ``(3) Authorization of appropriations.-- ``(A) Authorization.--Subject to subsection (d), there are authorized for carrying out activities under this subsection for each of fiscal years 2017 through 2020-- ``(i) $50,000,000 from funds within the Basic Energy Sciences Program and Biological and Environmental Research Program accounts; and ``(ii) $25,000,000 from funds within the Energy Efficiency and Renewable Energy account. ``(B) Prohibition.--No funds authorized under this subsection may be obligated or expended for commercial application of energy technology. ``(d) Funding.--No additional funds are authorized to be appropriated under this section. This section shall be carried out using funds otherwise authorized by law.''. (b) Table of Contents Amendment.--The item relating to section 973 in the table of contents of such Act is amended to read as follows: ``Sec. 973. Solar Fuels Basic Research Initiative.''. Passed the House of Representatives July 11, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: Solar Fuels Innovation Act (Sec. 2) This bill amends the Energy Policy Act of 2005 by requiring the Department of Energy (DOE) to carry out the Solar Fuels Basic Research Initiative to expand scientific knowledge about converting solar energy into chemical energy. Specifically, DOE must support research about: (1) replicating natural photosynthetic processes in artificial photosynthesis processes, and (2) generating a variety of fuels produced from sunlight through artificial photosynthesis. (A photosynthetic process is one used by plants to convert light from the sun into chemical energy. Artificial, human-made photosynthesis mimics the natural process.) Appropriations authorized under the bill may not be obligated or expended for commercial application of energy technology. The bill repeals a requirement for DOE to support a research and development program in catalysis science (the acceleration of a chemical reaction by a catalyst).


SECTION 1. RELEASE OF DOCUMENTS CAPTURED IN IRAQ AND AFGHANISTAN. (a) In General.--The Director of National Intelligence shall make publicly available on an Internet website all captured documents. (b) Review by Director of National Intelligence.--The Director of National Intelligence may review a captured document before making such document publicly available under subsection (a). The Director shall not be required to make a captured document publicly available under subsection (a) if-- (1) in the case of a captured document that is reviewed by the Director before the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director used to determine it is not appropriate to make a captured document publicly available and such captured document meets such criteria; or (2) in the case of a captured document that is reviewed by the Director on or after the date of the enactment of this Act, the Director submits to the relevant congressional committees a description of the criteria the Director shall use to determine if it is not appropriate to make a captured document publicly available and the captured document meets such criteria. (c) Submission of Description of Non-Released Documents.-- (1) Review before date of enactment.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the relevant congressional committees a report containing-- (A) a description of each captured document that, before such date, the Director determined should not be made publicly available; and (B) an explanation as to why the Director does not consider it appropriate to make such captured document publicly available. (2) Review after date of enactment.--Not later than 30 days after the Director of National Intelligence determines that a captured document should not be made publicly available pursuant to subsection (b)(2), the Director shall submit to the relevant congressional committees a report containing a description of such captured document and an explanation as to why the Director does not consider it appropriate to make such document publicly available. (3) Request for document.--The Director of National Intelligence shall make a copy of each captured document available to the relevant congressional committees for review upon request of the Chairman of any of such relevant congressional committees. The Director shall make such copy available in either classified or unclassified form. (d) Publication or Review Date.-- (1) In general.--The Director of National Intelligence shall begin making captured documents publicly available pursuant to subsection (a) not later than 30 days after the date of the enactment of this Act. (2) Documents collected prior to date of enactment.-- (A) In general.--Not later than the date described in subparagraph (B), for each captured document captured or collected before the date of the enactment of this Act, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (B) Dates.--The date described in this subparagraph is-- (i) September 30, 2006, for captured documents captured or collected during Operation Enduring Freedom and Operation Iraqi Freedom; and (ii) March 31, 2007, for captured documents captured or collected during Operation Desert Storm. (3) Documents collected after date of enactment.--For each captured document that is captured or collected on or after the date of the enactment of this Act, not later than 60 days after the date on which such captured document is captured or collected, the Director of National Intelligence shall make such captured document publicly available pursuant to subsection (a) or shall submit to the relevant congressional committees a report regarding such captured document pursuant to subsection (c). (e) Weekly Report.--Not later than 7 days after the date of enactment of this Act, and weekly thereafter until each captured document captured or collected before the date of the enactment of this Act is made publicly available pursuant to subsection (a) or described in a report submitted pursuant to subsection (c), the Director of National Intelligence shall submit to the relevant congressional committees a report describing the progress in making captured documents publicly available. (f) Definitions.--In this section: (1) Captured document.--The term ``captured document'' means a document captured or collected in Afghanistan or Iraq, including a document collected from the Government of Iraq or from a private person and including a document in electronic form, during Operation Desert Storm, Operation Enduring Freedom, and Operation Iraqi Freedom. (2) Relevant congressional committees.--The term ``relevant congressional committees'' means the Permanent Select Committee on Intelligence of the House of Representatives and Select Committee on Intelligence of the Senate.

Summary: Requires the Director of National Intelligence to make publicly available on an Internet website all documents captured in Afghanistan or Iraq during Operations Desert Storm, Enduring Freedom, or Iraqi Freedom. Provides conditions under which the Director shall not be required to make a captured document publicly available, including providing a list of retained documents, and the criteria used for such retention, to the congressional intelligence committees.


SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Lands Invasive Species Control, Prevention, and Management Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Federal efforts to control and manage invasive species on Federal lands. Sec. 4. Program funding allocations. Sec. 5. Prudent use of funds. Sec. 6. Use of partnerships. SEC. 2. DEFINITIONS. In this Act: (1) Alien species.--The term ``alien species'' means, with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem. (2) Control.--The term ``control'' means the eradication, suppression, or reduction of the population of an invasive species within the area in which the invasive species is present. (3) Ecosystem.--The term ``ecosystem'' means the complex of a community of organisms and its environment. (4) Eligible state.--The term ``eligible State'' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands. (5) Invasive species.--The term ``invasive species'' means an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health. (6) Manage.--The terms ``manage'' and ``management'' mean the active implementation of activities-- (A) to reduce or stop the spread of an invasive species; and (B) to inhibit further infestations or spread of invasive species or harm caused by invasive species, including investigations regarding methods to prevent, control, or manage invasive species. (7) Prevent.--The term ``prevent'' means to hinder the introduction of invasive species onto lands or waters or to impede the spread of invasive species within lands or waters by inspecting, intercepting, or confiscating invasive species threats prior to their establishment onto lands or waters of an eligible State. (8) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to Federal lands administered by that Secretary through the Bureau of Indian Affairs, the Bureau of Land Management, the Bureau of Reclamation, the National Park Service, or the United States Fish and Wildlife Service; and (B) the Secretary of Agriculture, with respect to Federal lands administered by that Secretary through the United States Forest Service. (9) Species.--The term ``species'' means a group of organisms, all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms. SEC. 3. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON FEDERAL LANDS. (a) Control and Management.--The Secretary concerned shall plan and carry out activities on lands directly managed by the Secretary concerned to control and manage invasive species to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. (b) Strategic Plan.--The Secretary concerned shall develop a strategic plan for the implementation of the invasive species program of that Secretary to endeavor to achieve an annual five percent net reduction of invasive species populations on lands managed by that Secretary. SEC. 4. PROGRAM FUNDING ALLOCATIONS. (a) Control and Management Activities.--Of the amount appropriated or otherwise made available to the Secretary concerned for a fiscal year for programs that address or include invasive species management, the Secretary concerned shall use not less than 75 percent of the amount for on-the-ground control and management of invasive species, including through-- (1) the purchase of necessary products, equipment, or services to conduct such control and management; (2) the use of integrated pest management options, including pesticides authorized for sale, distribution, or use under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (3) the use of biological control agents that are proven to be effective to reduce invasive species populations; (4) the use of re-vegetation or cultural restoration methods designed to improve the diversity and richness of ecosystems; or (5) the use of other effective mechanical or manual control method. (b) Investigations, Outreach, and Public Awareness.--Of the amount appropriated or otherwise made available to the Secretary concerned for a fiscal year for programs that address or include invasive species management, the Secretary concerned may use not more than 15 percent of the amount for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs. (c) Administrative Costs.--Of the amount appropriated or otherwise made available to the Secretary concerned for a fiscal year for programs that address or include invasive species management, not more than 10 percent may be used for administrative costs incurred to carry out such programs, including costs related to oversight and management of such programs, recordkeeping, and implementation of the strategic plan. (d) Reporting Requirements.--Not later than 60 days after the end of the second fiscal year beginning after the date of the enactment of this Act, the Secretary concerned shall submit to Congress a report-- (1) describing the use by that Secretary during the preceding two fiscal years of funds for programs that address or include invasive species management; and (2) specifying the percentage of funds expended for each of the purposes specified in subsections (a), (b), and (c). SEC. 5. PRUDENT USE OF FUNDS. (a) Cost-Effective Methods.--In selecting the method or methods to be used to control or manage an invasive species as part of a specific control or management project, the Secretary concerned shall require the use of the least costly options based on sound scientific data and other commonly used cost-effective benchmarks in the area to effectively control and manage invasive species. (b) Comparative Economic Assessment.--The Secretary concerned shall require a comparative economic assessment of invasive species control and management methods to be conducted to comply with subsection (a). (c) Categorical Exclusion.--If an invasive species control or management project or activity to be conducted on lands directly managed by the Secretary concerned will be conducted in a prioritized, high-risk area involving the treatment of land or waterways within 1,000 feet of a water body or waterway, a water project, a utility or telephone infrastructure or right of way, a railroad line, an airport, a port of entry, campground, roadside or highway, heritage site, a national monument, a park, recreation site, school, or other similar and valuable infrastructure, as determined by the Secretary concerned, the project or activity is categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) so long as the Secretary concerned determines that the project or activity is otherwise conducted consistently with agency procedures, including any land and resource management plan or land use plan applicable to the area covered by the project or activity. (d) Relation to Other Authority.-- (1) Other invasive species control, prevention, or management authorities.--Nothing in this Act shall be construed to preclude the Secretary concerned from pursuing or supporting, under the authority of any other provision of law, activities regarding the control, prevention, or management of invasive species, including investigations to better control, prevent, or manage invasive species. (2) Public water supply systems.--Nothing in this Act shall be construed to authorize the Secretary concerned to suspend water deliveries or diversions or otherwise prevent the operation of a public water supply system as a measure to control, manage, or prevent the introduction or spread of invasive species. SEC. 6. USE OF PARTNERSHIPS. (a) Partnerships Authorized.--The Secretary concerned may enter into contracts and cooperative agreements with another Federal agency, an eligible State, a political subdivision of an eligible State, or a private entity to partner with the Secretary concerned and assist with the control and management of invasive species. (b) Memorandum of Understanding.-- (1) Required.--As a condition of a contract or cooperative agreement under subsection (a), the Secretary concerned and the other Federal agency, eligible State, political subdivision of an eligible State, or private entity involved shall enter into a memorandum of understanding describing the nature of the partnership between the parties and the control and management activities to be conducted. (2) Contents.--The memorandum of understanding shall contain, at a minimum, the following: (A) A prioritized listing of invasive species to be controlled or managed. (B) An assessment of the total acres or area infested by the invasive species. (C) An estimate of the expected total acres or area infested by the invasive species after control and management of the invasive species is attempted. (D) The specific integrated pest management option or options to be used, including a comparative economic assessment to determine the least costly method. (E) Any maps, boundaries, or Global Positioning System (GPS) coordinates needed to clearly identify the area in which the control and management activities are to be conducted. (F) Written assurances that the partner will comply with section 15 of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2814). (c) Coordination.--If the partner in a contract or cooperative agreement under subsection (a) is an eligible State, political subdivision of an eligible State, or private entity, the memorandum of understanding shall also contain a description of how the control and management efforts will be coordinated and the expected outcomes of managing and controlling the invasive species. (d) Public Outreach and Awareness Efforts.--If a contract or cooperative agreement under subsection (a) will involve any outreach and public awareness efforts, the memorandum of understanding shall also contain a list of goals and objectives for such outreach and public awareness efforts that have been determined will be efficient to inform national, State, regional, or local audiences regarding invasive species control and management. (e) Investigations.--Any invasive species-related investigations undertaken under a contract or cooperative agreement under subsection (a) shall be undertaken for the purpose of-- (1) developing solutions and specific recommendations for control and management of invasive species; and (2) specifically providing faster implementation of control and management methods.

Summary: Federal Lands Invasive Species Control, Prevention, and Management Act - Directs the Secretary of the Interior (respecting federal lands administered through the Bureau of Indian Affairs [BIA], Bureau of Land Management [BLM], Bureau of Reclamation, National Park Service, or U.S. Fish and Wildlife Service) and the Secretary of Agriculture (USDA) (respecting federal lands administered through the U.S. Forest Service) to plan and carry out activities on lands directly managed by the Secretary concerned to control and manage invasive species in order to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. Requires the Secretary concerned to develop a strategic plan for the implementation of an invasive species program that endeavors to achieve an annual 5% net reduction of invasive species populations on lands managed by that Secretary. Requires the Secretary concerned to use: (1) no less than 75% of funds each fiscal year for on-the-ground control and management of invasive species; (2) no more than 15% of such funds for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs; and (3) no more than 10% for administrative costs. Requires the Secretaries, in selecting the method or methods to control or manage an invasive species as part of a specific control or management project, to require the use of the least costly options necessary to perform effectively, based on sound scientific data and other commonly used cost-effective benchmarks in the area.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Sanctions Enhancement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Islamic Republic of Iran is a signatory to the Nuclear Non-Proliferation Treaty (NPT). (2) Iran is a member of the International Atomic Energy Agency (IAEA). (3) Iran has agreed to safeguards to ensure compliance with its non-proliferation commitments under the NPT. (4) The IAEA has reported numerous concerns with the implementation of such safeguards to ensure Iran's compliance with its non-proliferation commitments. (5) International inspections in 2003 and 2004 of Iran's nuclear program revealed significant undeclared activities with potential application for the development of nuclear weapons. (6) According to the IAEA, Iran has not declared the full scope of its nuclear program and has not allowed full and unrestricted access to all its nuclear sites. (7) In June 2006, Iran refused to consider economic incentives offered by the five permanent members of the United Nations Security Council (UNSC) and Germany in exchange for a permanent halt to Iran's uranium enrichment program. (8) On July 31, 2006, the UNSC adopted Resolution 1696, setting a deadline of August 31, 2006, for Iran's full, unconditional, and immediate compliance with its obligations under the NPT. (9) Iran is in violation of UNSC Resolution 1696. (10) On March 23, 2007, the Iranian Revolutionary Guard Navy seized 15 British marines and sailors on the same day the UNSC considered a new resolution to sanction the Government of Iran for its continued defiance of the UNSC and the IAEA. (11) On March 24, 2007, the UNSC adopted Resolution 1747, imposing further economic sanctions on Iran for its non- compliance with previous UNSC resolutions. (12) Iran is in violation of UNSC Resolution 1747. (13) On May 14, 2007, IAEA Director General Mohammed El- Baradei announced that Iran had overcome its technical difficulties and now possesses the knowledge to enrich uranium to weapons-grade level. (14) On May 20, 2007, the head of Iran's Atomic Energy Organization announced the Iranian nuclear program was moving ahead as scheduled towards its previously stated goal of 50,000 centrifuges running at its Natanz facility. (15) On May 23, 2007, the IAEA reported that Iran not only ignored the UNSC's deadline to stop enriching uranium but markedly expanded its enrichment program. (16) More than 40 percent of Iranian gasoline comes from imports. (17) The Government of Iran is set to impose a daily gasoline ration of three liters for private cars and 15 to 20 liters for taxis. (18) If the supply of gasoline to Iran is restricted, the impact on Iran's economy would be considerable. (19) Diplomatic means present the most effective way to defuse the crisis regarding the Iranian nuclear program. SEC. 3. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 1996. (a) Expansion of Sanctions to Refined Petroleum.--Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows: ``(a) Sanctions With Respect to the Development of Petroleum Resources of Iran and Export of Refined Petroleum to Iran.--Except as provided in subsection (f), the President shall impose two or more of the sanctions described in paragraphs (1) through (6) of section 6 if the President determines that a person has, with actual knowledge-- ``(1) on or after the date of the enactment of this Act, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran's ability to develop petroleum resources of Iran; or ``(2) on or after December 31, 2007, provided Iran with refined petroleum resources or engaged in an activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources.''. (b) Presidential Waiver.--Section 9(c)(2)(C) of such Act is amended by striking ``section 5(a) or section 5(b) to Iran's ability to, respectively, develop its petroleum resources or its weapons of mass destruction or other military capabilities'' and inserting ``section 5(a)(1), section 5(a)(2), or section 5(b) to Iran's ability to, respectively, develop its petroleum resources, enhance its ability to import refined petroleum resources, or develop its weapons of mass destruction or other military capabilities''. (c) Reports on United States Efforts To Curtail the Export of Refined Petroleum to Iran.--Section 10 of such Act is amended by adding at the end the following new subsection: ``(d) Reports on Refined Petroleum Exports to Iran.--Not later than January 30, 2008, and every six months thereafter, the President shall transmit to the appropriate congressional committees a report on any person who has provided Iran with refined petroleum resources or any activity by any person that could contribute to the enhancement of Iran's ability to import refined petroleum resources. For each such activity, the President shall provide a description of such activity and what steps the United States has taken to respond to such activity.''.

Summary: Iran Sanctions Enhancement Act of 2007 - Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more sanctions under such Act if a person has, with actual knowledge: (1) made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources; or (2) on or after December 31, 2007, provided Iran with refined petroleum resources or engaged in an activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources. (Under current law, imposes sanctions upon investments of $40 million and does not include refined petroleum resource imports.) Extends existing presidential waiver authority to such activities. Directs the President to report to the appropriate congressional committees every six months on such activities.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Aid Transparency and Accountability Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Foreign Affairs of the House of Representatives; and (D) the Committee on Appropriations of the House of Representatives. (2) Evaluation.--The term ``evaluation'' means, with respect to a covered United States foreign assistance program, the systematic collection and analysis of information about the characteristics and outcomes of the program, including projects conducted under such program, as a basis for-- (A) making judgments and evaluations regarding the program; (B) improving program effectiveness; and (C) informing decisions about current and future programming. (3) Covered united states foreign assistance.--The term ``covered United States foreign assistance'' means assistance authorized under-- (A) part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), except for-- (i) title IV of chapter 2 of such part (relating to the Overseas Private Investment Corporation); and (ii) chapter 3 of such part (relating to International Organizations and Programs); (B) chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to Economic Support Fund); (C) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.); and (D) the Food for Peace Act (7 U.S.C. 1721 et seq.). SEC. 3. GUIDELINES FOR COVERED UNITED STATES FOREIGN ASSISTANCE PROGRAMS. (a) Purposes.--The purposes of this section are to-- (1) evaluate the performance of covered United States foreign assistance and its contribution to the policies, strategies, projects, program goals, and priorities undertaken by the Federal Government; (2) support and promote innovative programs to improve effectiveness; and (3) coordinate the monitoring and evaluation processes of Federal departments and agencies that administer covered United States foreign assistance. (b) Establishment of Guidelines.--Not later than 18 months after the date of the enactment of this Act, the President shall set forth guidelines, according to best practices of monitoring and evaluation studies and analyses, for the establishment of measurable goals, performance metrics, and monitoring and evaluation plans that can be applied with reasonable consistency to covered United States foreign assistance. (c) Objectives of Guidelines.-- (1) In general.--The guidelines established pursuant to subsection (b) shall provide direction to Federal departments and agencies that administer covered United States foreign assistance on-- (A) monitoring the use of resources; (B) evaluating the outcomes and impacts of covered United States foreign assistance projects and programs; and (C) applying the findings and conclusions of such evaluations to proposed project and program design. (2) Objectives.--The guidelines established pursuant to subsection (b) shall provide direction to Federal departments and agencies that administer covered United States foreign assistance on how to-- (A) establish annual monitoring and evaluation objectives and timetables to plan and manage the process of monitoring, evaluating, analyzing progress, and applying learning toward achieving results; (B) develop specific project monitoring and evaluation plans, including measurable goals and performance metrics, and to identify the resources necessary to conduct such evaluations, which should be covered by program costs; (C) apply rigorous monitoring and evaluation methodologies to such programs, including through the use of impact evaluations, ex-post evaluations, or other methods, as appropriate, that clearly define program logic, inputs, outputs, intermediate outcomes, and end outcomes; (D) disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel, especially in the field, who are responsible for the design, implementation, and management of covered United States foreign assistance programs; (E) establish methodologies for the collection of data, including baseline data to serve as a reference point against which progress can be measured; (F) evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau or an equivalent calculation to ensure the majority of program resources are evaluated; (G) conduct impact evaluations on all pilot programs before replicating, or conduct performance evaluations and provide a justification for not conducting an impact evaluation when such an evaluation is deemed inappropriate or impracticable; (H) develop a clearinghouse capacity for the collection, dissemination, and preservation of knowledge and lessons learned to guide future programs for United States foreign assistance personnel, implementing partners, the donor community, and aid recipient governments; (I) internally distribute evaluation reports; (J) publicly report each evaluation, including an executive summary, a description of the evaluation methodology, key findings, appropriate context, including quantitative and qualitative data when available, and recommendations made in the evaluation within 90 days after the completion of the evaluation; (K) undertake collaborative partnerships and coordinate efforts with the academic community, implementing partners, and national and international institutions, as appropriate, that have expertise in program monitoring, evaluation, and analysis when such partnerships provide needed expertise or significantly improve the evaluation and analysis; (L) ensure verifiable, reliable, and timely data, including from local beneficiaries and stakeholders, are available to monitoring and evaluation personnel to permit the objective evaluation of the effectiveness of covered United States foreign assistance programs, including an assessment of assumptions and limitations in such evaluations; and (M) ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed, including ensuring the integrity and independence of evaluations, permitting and encouraging the exercise of professional judgment, and providing for quality control and assurance in the monitoring and evaluation process. (d) President's Report.--Not later than 18 months after the date of the enactment of this Act, the President shall submit a report to the appropriate congressional committees that contains a detailed description of the guidelines established pursuant to subsection (b). The report shall be submitted in unclassified form, but it may contain a classified annex. (e) Comptroller General's Report.--The Comptroller General of the United States shall, not later than 18 months after the report required by subsection (d) is submitted to Congress, submit to the appropriate congressional committees a report that-- (1) analyzes the guidelines established pursuant to subsection (b); and (2) assesses the implementation of the guidelines by the agencies, bureaus, and offices that implement covered United States foreign assistance as outlined in the President's budget request. SEC. 4. INFORMATION ON COVERED UNITED STATES FOREIGN ASSISTANCE PROGRAMS. (a) Publication of Information.-- (1) Update of existing website.--Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall update the Department of State's website, ``ForeignAssistance.gov'', to make publicly available comprehensive, timely, and comparable information on covered United States foreign assistance programs, including all information required under subsection (b) that is available to the Secretary of State. (2) Information sharing.--Not later than 2 years after the date of the enactment of this Act, and quarterly thereafter, the head of each Federal department or agency that administers covered United States foreign assistance shall provide the Secretary of State with comprehensive information about the covered United States foreign assistance programs carried out by such department or agency. (3) Updates to website.--Not later than 2 years after the date of the enactment of this Act, and quarterly thereafter, the Secretary of State shall publish, on the ``ForeignAssistance.gov'' website or through a successor online publication, the information provided under subsection (b). (b) Matters To Be Included.-- (1) In general.--The information described in subsection (a)-- (A) shall be published for each country on a detailed basis, such as award-by-award; or (B) if assistance is provided on a regional level, shall be published for each such region on a detailed basis, such as award-by-award. (2) Types of information.-- (A) In general.--To ensure the transparency, accountability, and effectiveness of covered United States foreign assistance programs, the information described in subsection (a) shall include-- (i) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations in accordance with section 3(c)(2)(J); (ii) basic descriptive summaries for covered United States foreign assistance programs and awards under such programs; and (iii) obligations and expenditures. (B) Publication.--Each type of information described in subparagraph (A) shall be published or updated on the appropriate website not later than 90 days after the date on which the information is issued. (C) Rule of construction.--Nothing in this paragraph may be construed to require a Federal department or agency that administers covered United States foreign assistance to provide any information that does not relate to, or is not otherwise required by, the covered United States foreign assistance programs carried out by such department or agency. (3) Report in lieu of inclusion.-- (A) Health or security of implementing partners.--If the head of a Federal department or agency, in consultation with the Secretary of State, makes a determination that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary or would require the release of proprietary information of an implementing partner or program beneficiary, the head of the Federal department or agency shall provide such determination in writing to the appropriate congressional committees, including the basis for such determination. (B) National interests of the united states.--If the Secretary of State makes a determination that the inclusion of a required item of information online would be detrimental to the national interests of the United States, the Secretary of State shall provide such determination, including the basis for such determination, in writing to the appropriate congressional committees. (C) Form.--Information provided under this paragraph may be provided in classified form, as appropriate. (4) Failure to comply.--If a Federal department or agency fails to comply with the requirements under paragraph (1), (2), or (3) of subsection (a), or subsection (c), with respect to providing information described in subsection (a), and the information is not subject to a determination under subparagraph (A) or (B) of paragraph (3) not to make the information publicly available, the Director of the Office of Management and Budget, in consultation with the head of such department or agency, not later than one year after the date of the enactment of this Act, shall submit a consolidated report to the appropriate congressional committees that includes, with respect to each required item of information not made publicly available-- (A) a detailed explanation of the reason for not making such information publicly available; and (B) a description of the department's or agency's plan and timeline for-- (i) making such information publicly available; and (ii) ensuring that such information is made publicly available in subsequent years. (c) Scope of Information.--The online publication required under subsection (a) shall, at a minimum-- (1) in each of the fiscal years 2016 through 2019, provide the information required under subsection (b) for fiscal years 2015 through the current fiscal year; and (2) for fiscal year 2020 and each fiscal year thereafter, provide the information required under subsection (b) for the immediately preceding 5 fiscal years in a fully searchable form. (d) Sense of Congress.--It is the sense of Congress that the Secretary of State and the Administrator of the United States Agency for International Development should coordinate the consolidation of processes and data collection and presentation for the Department of State's website, ``ForeignAssistance.gov'', and the United States Agency for International Development's website, ``Explorer.USAID.gov'', to the extent that is possible to maximize efficiencies, no later than the end of fiscal year 2018. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Summary: (This measure has not been amended since it was passed by the Senate on July 5, 2016. Foreign Aid Transparency and Accountability Act of 2016 (Sec. 2) This bill defines "covered U.S. foreign assistance" as assistance authorized under: part I of the Foreign Assistance Act of 1961 (development assistance), except for title IV of chapter 2 (relating to the Overseas Private Investment Corporation), and chapter 3 (relating to International Organizations and Programs); chapter 4 of part II of such Act (Economic Support Fund); the Millennium Challenge Act of 2003; and the Food for Peace Act. (Sec. 3) The President shall within 18 months prescribe guidelines for establishment of goals, performance metrics, and monitoring and evaluation plans for covered U.S. foreign assistance. The guidelines shall direct federal departments and agencies that administer such assistance on how to: establish annual monitoring and evaluation agendas and objectives; develop specific project monitoring and evaluation plans; apply monitoring and evaluation methodologies to covered U.S. foreign assistance programs; disseminate guidelines for the development and implementation of monitoring and evaluation programs to all personnel responsible for program design, implementation, and management of covered U.S. foreign assistance programs; establish data collection methodologies; evaluate, at least once in their lifetime, all programs whose dollar value equals or exceeds the median program size for the relevant office or bureau; develop a clearinghouse capacity for the collection and dissemination of knowledge and lessons learned that serve as benchmarks for future programs; distribute evaluation reports internally; publicly report evaluations and related recommendations; undertake collaborative partnerships and coordinate efforts with academic, national and international institutions; make verifiable and timely data available to monitoring and evaluation personnel; and ensure that standards of professional evaluation organizations for monitoring and evaluation efforts are employed. The President shall within 18 months give Congress a detailed description of these guidelines. The Government Accountability Office shall analyze the guidelines and assess their implementation by the appropriate agencies, bureaus, and offices. (Sec. 4) The Department of State shall within 90 days update its Internet website, ForeignAssistance.gov, to make publicly available comprehensive and accessible information on covered U.S. foreign assistance programs. The head of each federal department or agency that administers such assistance shall give the State Department comprehensive program information each quarter. Assistance program information shall be published: (1) on an award-by-award and country-by-country basis, or (2) on an award-by-award and region-by-region basis if provided on a regional level. Such information shall include: (1) links to all regional, country, and sector assistance strategies, annual budget documents, congressional budget justifications, and evaluations; (2) basic descriptive summaries for foreign development and economic assistance programs and awards under such programs; and (3) obligations and expenditures. If a federal department or agency determines that the inclusion of a required item of information online would jeopardize the health or security of an implementing partner or program beneficiary, or would require the release of proprietary information, it shall give Congress that determination in writing. If the State Department determines that online inclusion of a required item of information would be detrimental to U.S. national interests, it shall also give Congress that determination in writing. The bill expresses the sense of Congress that the State Department and the U.S. Agency for International Development (USAID) should, by the end of FY2018, coordinate data collection consolidation for the State Department's website, ForeignAssistance.gov, and USAID's website, Explorer.USAID.gov.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Administration Authorization Act for Fiscal Year 2001''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2001. Funds are hereby authorized to be appropriated, as Appropriations Acts may provide, for the use of the Department of Transportation for the Maritime Administration as follows: (1) For expenses necessary for operations and training activities, not to exceed $80,240,000 for the fiscal year ending September 30, 2001. (2) For the costs, as defined in section 502 of the Federal Credit Reform Act of 1990, of guaranteed loans authorized by title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.), $50,000,000, to be available until expended. In addition, for administrative expenses related to loan guarantee commitments under title XI of that Act, $4,179,000. SEC. 3. AMENDMENTS TO TITLE IX OF THE MERCHANT MARINE ACT, 1936. (a) Title IX of the Merchant Marine Act, 1936 (46 U.S.C. App. 101 et seq.) is amended by adding at the end thereof the following: ``SEC. 910. DOCUMENTATION OF CERTAIN DRY CARGO VESSELS. ``(a) In General.--The restrictions of section 901(b)(1) of this Act concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of-- ``(1) the date that is 1 year after the date of enactment of the Maritime Administration Authorization Act for Fiscal Year 2001; or ``(2) the effective date of the OECD Shipbuilding Trade Agreement Act. ``(b) Compliance With Certain U.S.-Build Requirements.--A vessel timely contracted for or delivered pursuant to this section and documented under the laws of the United States shall be deemed to have been United-States built for purposes of sections 901(b) and 901b of this Act if-- ``(1) following delivery by a foreign shipyard, the vessel has any additional shipyard work necessary to receive its initial Coast Guard certificate of inspection performed in a United States shipyard; ``(2) the vessel is not documented in another country before being documented under the laws of the United States; ``(3) the vessel complies with the same inspection standards set forth for ocean common carriers in section 1137 of the Coast Guard Authorization Act of 1996 (46 U.S.C. App. 1187 note); and ``(4) actual delivery of a vessel contracted for construction takes place on or before the 3-year anniversary of the date of the contract to construct the vessel. ``(c) Section 12106(e) of Title 46.--Section 12106(e) of title 46, United States Code, shall not apply to a vessel built pursuant to this section.''. (b) Conforming Calendar Year to Federal Fiscal Year for Section 901b Purposes.--Section 901b(c)(2) of the Merchant Marine Act, 1936 (46 U.S.C App. 1241f(c)(2)) is amended by striking ``1986.'' and inserting ``1986, the 18-month period commencing April 1, 2000, and the 12-month period beginning on the first day of October in the year 2001 and each year thereafter.''. SEC. 4. SCRAPPING OF CERTAIN VESSELS. (a) International Environmental Scrapping Standard.--The Secretary of State in coordination with the Secretary of Transportation shall initiate discussions in all appropriate international forums in order to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner. (b) Scrapping of Obsolete National Defense Reserve Fleet Vessels.-- (1) Development of a ship scrapping program.--The Secretary of Transportation, in consultation with the Secretary of the Navy, the Administrator of the Environmental Protection Agency, the Assistant Secretary for Occupational Safety and Health, and the Secretary of State, shall develop a program within 9 months after the date of enactment of this Act for the scrapping of obsolete National Defense Reserve Fleet Vessels and report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Armed Services. (A) Content.--The report shall include information concerning the initial determination of scrapping capacity, both domestically and abroad, development of appropriate regulations, funding and staffing requirements, milestone dates for the disposal of each obsolete vessel, and long term cost estimates for the ship scrapping program. (B) Alternatives.--In developing the program the Secretary of Transportation, in consultation with the Secretary of the Navy, the Administrator of the Environmental Protection Agency, and the Secretary of State shall consider all alternatives and available information including-- (i) alternative scrapping sites; (ii) vessel donations; (iii) sinking of vessels in deep water; (iv) sinking vessels for development of artificial reefs; (v) sales of vessels before they become obsolete; (vi) results from the Navy Pilot Scrapping Program under section 8124 of the Department of Defense Appropriations Act, 1999; and (vii) the Report of the Department of Defense's Interagency Panel on Ship Scrapping issued in April, 1998. (2) Selection of scrapping facilities.--Notwithstanding the provisions of the Toxic Substances Control Act (15 U.S.C. 2605 et seq.), a ship scrapping program shall be accomplished through qualified scrapping facilities whether located in the United States or abroad. Scrapping facilities shall be selected on a best value basis taking into consideration, among other things, the facilities's ability to scrap vessels-- (A) economically; (B) in a safe and timely manner; (C) with minimal impact on the environment; (D) with proper respect for worker safety; and (E) by minimizing the geographic distance that a vessel must be towed when such a vessel poses a serious threat to the environment. (3) Amendment of national maritime heritage act.--Section 6(c)(1) of the National Maritime Heritage Act of 1994 (16 U.S.C. 5405(c)(1)) is amended-- (A) by striking ``2001'' in subparagraph (A) and inserting ``2006''; and (B) by striking subparagraph (B) and inserting the following: ``(B) in the most cost effective manner to the United States taking into account the need for disposal, the environment, and safety concerns; and''. (4) Funding for scrapping.--Section 2218(c)(1)(E) of title 10, United States Code, is amended by inserting ``and scrapping the vessels of'' after ``maintaining''. (c) Limitation on Scrapping Before Program.--Until the report required by subsection (b)(1) is transmitted to the Congress, the Secretary may not proceed with the scrapping of any vessels in the National Defense Reserve Fleet except the following: (1) EXPORT CHALLENGER. (2) EXPORT COMMERCE. (3) BUILDER. (4) ALBERT E. WATTS. (5) WAYNE VICTORY. (6) MORMACDAWN. (7) MORMACMOON. (8) SANTA ELENA. (9) SANTA ISABEL. (10) SANTA CRUZ. (11) PROTECTOR. (12) LAUDERDALE. (13) PVT. FRED C. MURPHY. (14) BEAUJOLAIS. (15) MEACHAM. (16) NEACO. (17) WABASH. (18) NEMASKET. (19) MIRFAK. (20) GEN. ALEX M. PATCH. (21) ARTHUR M. HUDDELL. (22) WASHINGTON. (23) SUFFOLK COUNTY. (24) CRANDALL. (25) CRILLEY. (26) RIGEL. (27) VEGA. (28) COMPASS ISLAND. (29) DONNER. (30) PRESERVER. (31) MARINE FIDDLER. (32) WOOD COUNTY. (33) CATAWBA VICTORY. (34) GEN. NELSON M. WALKER. (35) LORAIN COUNTY. (36) LYNCH. (37) MISSION SANTA YNEZ. (38) CALOOSAHATCHEE. (39) CANISTEO. (d) Biannual Report.--Beginning 1 year after the date of enactment of this Act, the Secretary of Transportation in coordination with the Secretary of the Navy shall report to Congress biannually on the progress of the ship scrapping program developed under subsection (b)(1) and on the progress of any other scrapping of obsolete government-owned vessels. SEC. 5. REPORTING OF ADMINISTERED AND OVERSIGHT FUNDS. The Maritime Administration, in its annual report to the Congress under section 208 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1118), and in its annual budget estimate submitted to the Congress, shall state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary of Transportation for use by the Administration) administered, or subject to oversight, by the Administration. SEC. 6. MARITIME INTERMODAL RESEARCH. Section 8 of Public Law 101-115 (46 U.S.C. App. 1121-2) is amended by adding at the end thereof the following: ``(f) University Transportation Research Funds.-- ``(1) In general.--The Secretary may make a grant under section 5505 of title 49, United States Code, to an institute designated under subsection (a) for maritime and maritime intermodal research under that section as if the institute were a university transportation center. ``(2) Advice and consultation of marad.--In making a grant under the authority of paragraph (1), the Secretary, through the Research and Special Programs Administration, shall advise the Maritime Administration concerning the availability of funds for the grants, and consult with the Administration on the making of the grants.''. SEC. 7. MARITIME RESEARCH AND TECHNOLOGY DEVELOPMENT. (a) In General.--The Secretary of Transportation shall conduct a study of maritime research and technology development, and report its findings and conclusions, together with any recommendations it finds appropriate, to the Congress within 9 months after the date of enactment of this Act. (b) Required Areas of Study.--The Secretary shall include the following items in the report required by subsection (a): (1) The approximate dollar values appropriated by the Congress for each of the 5 fiscal years ending before the study is commenced for each of the following modes of transportation: (A) Highway. (B) Rail. (C) Aviation. (D) Public transit. (E) Maritime. (2) A description of how Federal funds appropriated for research in the different transportation modes are utilized. (3) A summary and description of current research and technology development funds appropriated for each of those fiscal years for maritime research initiatives, with separate categories for funds provided to the Coast Guard for marine safety research purposes. (4) A description of cooperative mechanisms that could be used to attract and leverage non-federal investments in United States maritime research and technology development and application programs, including the potential for the creation of maritime transportation research centers and the benefits of cooperating with existing surface transportation research centers. (5) Proposals for research and technology development funding to facilitate the evolution of Maritime Transportation System. (c) Authorization of Appropriations.--There are authorized to be appropriated $100,000 to carry out this section. SEC. 8. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE FLEET VESSEL, GLACIER. (a) Authority to Convey.--Notwithstanding any other law, the Secretary of Transportation may, subject to subsection (b), convey all right, title, and interest of the United States Government in and to the vessel in the National Defense Reserve Fleet that was formerly the U.S.S. GLACIER (United States official number AGB-4) to the Glacier Society, Inc., a corporation established under the laws of the State of Connecticut that is located in Bridgeport, Connecticut. (b) Terms of Conveyance.-- (1) Required conditions.--The Secretary may not convey the vessel under this section unless the corporation-- (A) agrees to use the vessel for the purpose of a monument to the accomplishments of members of the Armed Forces of the United States, civilians, scientists, and diplomats in exploration of the Arctic and the Antarctic; (B) agrees that the vessel will not be used for commercial purposes; (C) agrees to make the vessel available to the Government if the Secretary requires use of the vessel by the Government for war or national emergency; (D) agrees to hold the Government harmless for any claims arising from exposure to asbestos, polychlorinated biphenyls, or lead paint after the conveyance of the vessel, except for claims arising from use of the vessel by the Government pursuant to the agreement under subparagraph (C); and (E) provides sufficient evidence to the Secretary that it has available for use to restore the vessel, in the form of cash, liquid assets, or a written loan commitment, financial resources of at least $100,000. (2) Delivery of vessel.--If the Secretary conveys the vessel under this section, the Secretary shall deliver the vessel-- (A) at the place where the vessel is located on the date of conveyance; (B) in its condition on that date; and (C) at no cost to the United States Government. (3) Additional terms.--The Secretary may require such additional terms in connection with the conveyance authorized by this section as the Secretary considers appropriate. (c) Other Unneeded Equipment.--If the Secretary conveys the vessel under this section, the Secretary may also convey to the corporation any unneeded equipment from other vessels in the National Defense Reserve Fleet or Government storage facilities for use to restore the vessel to museum quality or to its original configuration (or both). (d) Retention of Vessel in NDRF.--The Secretary shall retain in the National Defense Reserve Fleet the vessel authorized to be conveyed under this section until the earlier of-- (1) 2 years after the date of the enactment of this Act; or (2) the date of the conveyance of the vessel under this section. Passed the Senate September 28 (legislative day, September 22), 2000. Attest: Secretary. 106th CONGRESS 2d Session S. 2487 _______________________________________________________________________ AN ACT To authorize appropriations for Fiscal Year 2001 for certain maritime programs of the Department of Transportation.

Summary: (Sec. 3) Amends the Merchant Marine Act, 1936 to declare that certain restrictions concerning a vessel built in a foreign country shall not apply to a newly constructed drybulk or breakbulk vessel over 7,500 deadweight tons that has been delivered from a foreign shipyard or contracted for construction in a foreign shipyard before the earlier of two specified dates. Deems U.S.-built any vessel timely contracted for or delivered and documented under U.S. law, if certain conditions are met. (Sec. 4) Directs the Secretary of State, in coordination with the Secretary of Transportation, to initiate discussions in all appropriate international forums to establish an international standard for the scrapping of vessels in a safe and environmentally sound manner. Directs the Secretary of Transportation to develop, and report to specified congressional committees on, a program for the scrapping of obsolete National Defense Reserve Fleet Vessels. Amends the National Maritime Heritage Act of 1994 to extend, through September 30, 2006, the authority of the Secretary to dispose of certain vessels in the National Defense Reserve Fleet. Requires that such vessels be disposed of in the most cost effective manner to the United States, taking into account the need for disposal, the environment, and safety concerns. Amends Federal law to authorize the expenditure of funds from the National Defense Sealift Fund for costs related to the scrapping of National Defense Reserve Fleet vessels. Names vessels in the National Defense Reserve Fleet that may be scrapped in the United States or a foreign country. (Sec. 5) Requires the Maritime Administration (in its annual report to Congress and its estimated annual budget) to state separately the amount, source, intended use, and nature of any funds (other than funds appropriated to the Administration or to the Secretary for use by the Administration) administered, or subject to oversight, by the Administration. (Sec. 6) Amends Federal maritime law to authorize the Secretary of Transportation to make a grant to a National Maritime Enhancement Institute for maritime and maritime intermodal research as if the Institute were a university transportation center. (Sec. 7) Directs the Secretary to study maritime research and technology development, and report the results, including any recommendations, to Congress. Authorizes appropriations. (Sec. 8) Authorizes the Secretary to convey all right, title, and U.S. interest in the U.S.S. GLACIER (formerly of the National Defense Reserve Fleet) to the Glacier Society, Inc., Bridgeport, Connecticut.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Free to Fly Act''. SEC. 2. DEFINITIONS. Section 40102(a) of title 49, United States Code, is amended-- (1) in paragraph (2) by striking ``citizen of the United States'' and inserting ``citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States,''; (2) in paragraph (15)(C)-- (A) by striking ``of which the president and at least two-thirds of the board of directors'' and inserting ``of which the president and at least 51 percent of the board of directors''; and (B) by striking ``at least 75 percent of the voting interest'' and inserting ``at least 51 percent of the voting interest''; (3) in paragraph (21) by striking ``not a citizen of the United States'' and inserting ``who is not organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; and (4) in paragraph (26) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''. SEC. 3. REQUIREMENT FOR CERTIFICATE. Section 41101(b) of title 49, United States Code, is amended-- (1) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; (2) in paragraph (1) by striking ``citizen'' and inserting ``citizen or other person''; (3) by redesignating subsection (c) as subsection (d); and (4) by inserting after subsection (b) the following: ``(c) Additional Requirements for Non-Citizens Operating Certain Routes.--In order for a person who is not a citizen of the United States and who is not a foreign air carrier to be issued and maintain a certificate for air transportation or intrastate air transportation, all employees and managing officers, other than the board of directors, must be citizens, nationals, or lawful permanent residents of the United States, and the person's headquarters and base of operations must be located in the United States.''. SEC. 4. ISSUANCE OF CERTIFICATES OF PUBLIC CONVENIENCE. Section 41102 of title 49, United States Code, is amended-- (1) by striking the subsection heading in subsection (a) and inserting ``Issuance to a Citizen''; (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (3) by inserting after subsection (a) the following: ``(b) Issuance to Other Persons.--The Secretary of Transportation may issue a certificate of public convenience and necessity to a person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which more than 49 percent of the board of directors are not citizens of the United States, which is not under the actual control of citizens of the United States, or in which more than 49 percent of the voting interest is owned or controlled by persons that are not citizens of the United States, to provide any part of the following air transportation the person has applied for under section 41108 of this title: ``(1) Air transportation as an air carrier. ``(2) Temporary air transportation as an air carrier for a limited period. ``(3) Charter air transportation as a charter air carrier.''; (4) in subsection (c), as redesignated-- (A) by striking ``under subsection (a)'' each place it appears and inserting ``under subsection (a) or subsection (b)'' in each such place; and (B) by striking ``citizen'' and inserting ``citizen or other person''; and (5) by striking subsection (e), as redesignated, and inserting the following: ``(e) Presidential Review of Certain Certificates.--The Secretary shall submit each decision to the President under section 41307 of this title authorizing-- ``(1) the provision of foreign air transportation; or ``(2) the provision of interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States.''. SEC. 5. CIVIL RESERVE AIR FLEET ELIGIBILITY. Section 41106 of title 49, United States Code, is amended by striking subsection (d) and inserting the following: ``(d) Exception.--The Secretary of Defense may contract with an air carrier that does not meet all requirements if-- ``(1) the Secretary decides that no air carrier holding a certificate under section 41102 is capable of providing, and willing to provide, the airlift services; or ``(2) the Secretary decides to grant a waiver under section 9518 of title 10, United States Code, for a person who is not a citizen of the United States and who is organized under the laws of the United States that has a certificate of public convenience and necessity, from the Civil Reserve Air Fleet citizenship requirements for the purposes of eligibility and participation.''. SEC. 6. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE. Section 41108 of title 49, United States Code, is amended-- (1) in subsection (a) by striking ``citizen of the United States'' and inserting ``citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; (2) in subsections (b) and (c) by striking ``citizen'' each place it appears and inserting ``citizen or other person''; (3) in subsection (b)(3)(A) by striking ``interstate air transportation'' and inserting ``interstate air transportation provided by a citizen''; and (4) in subsection (b)(3)(B) by striking ``foreign air transportation'' and inserting ``interstate air transportation or intrastate air transportation by a person who is not a citizen of the United States, or foreign air transportation,''. SEC. 7. POTENTIAL REVOCATION OF CERTIFICATE. Section 41110(a)(2)(B) of title 49, United States Code, is amended by striking ``sections 41308-41310(a)'' and inserting ``sections 41101(c), 41308-41310(a)''. SEC. 8. LIABILITY INSURANCE AND FINANCIAL RESPONSIBILITY. Section 41112(a) of title 49, United States Code, is amended-- (1) by striking ``citizen of the United States'' and inserting ``citizen of the United States, or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''; and (2) by striking ``citizen'' the second place it appears and inserting ``citizen or other person''. SEC. 9. PRESIDENTIAL REVIEW OF FOREIGN AIR CARRIERS AND OTHER NON- CITIZENS. Section 41307 of title 49, United States Code, is amended-- (1) by striking the section heading and inserting ``Presidential review of actions about foreign air transportation and air transportation provided by non- citizens''; and (2) by striking ``to provide foreign air transportation'' and inserting ``to provide foreign air transportation, or for a person who is not a citizen of the United States to provide air transportation or intrastate air transportation''. SEC. 10. JOINT PRICING. Section 41503 of title 49, United States Code, is amended by striking ``citizen of the United States'' and inserting ``a citizen of the United States or other person organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States''. SEC. 11. NAVIGATION OF FOREIGN CIVIL AIRCRAFT. Section 41703(a) of title 49, United States Code, is amended-- (1) in paragraph (4) by striking the period and inserting ``; or''; and (2) by adding at the end the following: ``(5) if specifically authorized under sections 41102 and 41108, and if the airman holds a certificate issued or made valid by the Government.''. SEC. 12. WAIVERS FOR NON-CITIZEN AIR CARRIER PARTICIPATION IN THE CIVIL RESERVE AIR FLEET. (a) In General.--Chapter 931 of title 10, United States Code, is amended by adding at the end the following: ``Sec. 9518. Non-citizen air carriers: waiver authority ``(a) Waiver Authority.--In the case of any air carrier described in subsection (b) or any aircraft owned by an air carrier described in subsection (b), the Secretary of Defense may waive any citizenship requirement under this chapter. Any such waiver-- ``(1) shall be for a period not to exceed two years; ``(2) may be revoked at any time by the Secretary; and ``(3) may be renewed for an additional two-year period for an unlimited number of times. ``(b) Air Carrier Described.--An air carrier described in this section is an air carrier-- ``(1) owned by a person who is not a citizen of the United States and who is organized under the laws of the United States or a State, territory, or the District of Columbia; and ``(2) that holds a certificate of public convenience and necessity under section 41102 of title 49.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``9518. Non-citizen air carriers: waiver authority.''.

Summary: Free to Fly Act The bill modifies definitions relating to aviation to permit a foreign air carrier to own U.S. domestic air routes. The foreign carrier may establish U.S.-based subsidiaries for such purpose. All foreign-owed air carriers that obtain a certificate to fly domestic routes may only hire U.S. citizens or nationals, or permanent legal residents. The Department of Transportation (DOT) may issue a certificate of public convenience and necessity to a foreign air carrier with a board of directors that is comprised of more than 49% non-U.S. citizens. The bill expands the scope of the President's review of DOT actions involving foreign air carriers. The Department of Defense may waive citizenship requirements for certain foreign air carriers participating in the civil reserve air fleet.