SECTION 1. SHORT TITLE. This Act may be cited as the ``Intermodal Equipment Safety and Responsibility Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Promoting safety on United States highways is a national priority. The Secretary of Transportation has promulgated the Federal Motor Carrier Safety Regulations to further this purpose. The systematic maintenance, repair, and inspection of equipment traveling on public highways in interstate commerce are an integral part of this safety regime. (2) Intermodal transportation plays a significant role in expanding the United States economy, which depends heavily upon the ability to transport goods by various modes of transportation. (3) Although motor carriers and their drivers often receive trailers, chassis, containers, and other items of intermodal equipment to be transported in interstate commerce, they do not possess the requisite level of control or authority over this intermodal equipment to perform the systematic maintenance, repair, and inspection necessary to ensure compliance with the applicable Federal Motor Carrier Safety Regulations and to ensure the safety of United States highways. (4) As a result of roadside inspections, motor carriers and their drivers are cited and fined for violations of the Federal Motor Carrier Safety Regulations attributable to intermodal equipment that they do not have the opportunity to systematically maintain. These violations negatively affect the safety records of motor carriers. SEC. 3. PURPOSE. The purpose of this Act is to ensure that only those parties that control intermodal equipment transported on public highways in the United States (and thus have the opportunity and authority to systematically maintain, repair, and inspect the intermodal equipment) have legal responsibility for the safety of that equipment as it travels in interstate commerce. SEC. 4. DEFINITIONS. Section 5901 of title 49, United States Code, is amended by adding at the end the following new paragraphs: ``(9) `motor carrier' includes-- ``(A) a motor private carrier, as defined in section 13102 of this title; and ``(B) an agent of a motor carrier. ``(10) `intermodal equipment'-- ``(A) means equipment that is commonly used in the intermodal transportation of freight over public highways as an instrumentality of foreign or interstate commerce; and ``(B) includes a trailer, chassis, container, and any device associated with a trailer, chassis, or container. ``(11) `equipment interchange agreement', with respect to intermodal equipment, means a written document that-- ``(A) is executed by a controller of the equipment, or its agent, and a motor carrier; and ``(B) establishes the responsibilities and liabilities of both parties as they relate to the interchange of the equipment. ``(12) `controller', with respect to intermodal equipment, means any party that has any legal right, title, or interest in the equipment, except that a motor carrier-- ``(A) is not a controller of the equipment solely because it provides or arranges for any part of the intermodal transportation of the equipment; and ``(B) may not be considered a controller of the equipment if authority for systematic maintenance and repairs of the equipment has not been delegated to the motor carrier. ``(13) `interchange', with respect to intermodal equipment, means the act of providing the equipment to a motor carrier for the purpose of transporting the equipment for loading or unloading by any party or repositioning the equipment for the benefit of the equipment controller, except that such term does not mean the leasing of the equipment to a motor carrier for use in the motor carrier's over-the-road freight hauling operations. ``(14) `applicable safety regulations' means the regulations applicable to controllers of intermodal equipment under section 5909 of this title.''. SEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS. Chapter 59 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 5909. Jurisdiction over equipment controller ``The authority of the Secretary of Transportation to prescribe regulations on commercial motor vehicle safety under section 31136 of this title shall apply to controllers of intermodal equipment that is interchanged or to be interchanged.''. SEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 5, is further amended by adding at the end the following new section: ``Sec. 5910. Equipment inspection, repair, and maintenance ``(a) In General.--Notwithstanding any provision of an equipment interchange agreement, a controller of intermodal equipment that is interchanged or to be interchanged-- ``(1) shall be responsible and held liable for the systematic inspection, maintenance, and repair of the equipment; ``(2) shall, each time prior to offering a motor carrier the equipment for interchange, inspect the equipment and provide such maintenance on, and make such repairs to, the equipment to ensure that such equipment complies with all applicable safety regulations at all times; and ``(3) shall not offer intermodal equipment to a motor carrier unless such equipment has been inspected and repaired as necessary to comply with such regulations. ``(b) Reimbursement.-- ``(1) In general.--In the event that a repair of interchanged intermodal equipment is necessary while in a motor carrier's possession in order to comply with applicable safety regulations, the controller of the equipment shall promptly reimburse the motor carrier for the actual expenses that are incurred by the motor carrier for the necessary repair, together with compensation for any loss incurred by the motor carrier by reason of delay in the transportation of the equipment necessitated by the need for the repair. ``(2) Exception.--The controller of intermodal equipment shall not be liable to provide reimbursement or compensation for a repair to a motor carrier under paragraph (1) if the motor carrier's negligence or willful misconduct caused the condition requiring the repair. ``(c) Fines.--The Secretary may prescribe fines against controllers of intermodal equipment for violations of this section.''. SEC. 7. SAFETY COMPLIANCE. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 6, is further amended by adding at the end the following new section: ``Sec. 5911. Compliance with safety regulations ``(a) Liability of Equipment Controller.--Notwithstanding any provision of an equipment interchange agreement, the controller of intermodal equipment covered by such agreement shall be liable for each violation of applicable safety regulations that is attributable to such equipment and shall pay any fine, penalty, and damages resulting from such violation, except that the controller of such equipment shall not be liable for any such violations that is proximately caused by the negligence or willful misconduct of a motor carrier that is not the controller of such equipment. ``(b) Limitation on Liability of Motor Carrier.--A motor carrier who receives intermodal equipment through interchange may not be held liable for a violation of applicable safety regulations that is attributable to such equipment other than under the circumstances and to the extent provided in subsection (a). ``(c) Limitation on Effect.--No record or report of a violation of applicable safety regulations attributable to interchanged intermodal equipment, whether issued by a Federal, State, or local law enforcement authority, shall have any effect on a motor carrier's overall safety rating or safety status measurement system score, as determined by the Federal Motor Carrier Safety Administration, or on a driving record of a driver for the motor carrier unless such violation was proximately caused by the negligence or willful misconduct of the motor carrier or driver, respectively. ``(d) Procedure for Records Corrections.--The Secretary of Transportation shall prescribe an expedited procedure to correct records or reports of violations that under subsection (c) should not have been adversely affected by a violation of applicable safety regulations.''. (b) Time for Prescribing Records Correction Procedures.--The Secretary shall issue final regulations setting forth the expedited procedures required by section 5910(d) of title 49, United States Code, not later than 180 days after the date of enactment of this Act. SEC. 8. AUTHORITY TO INSPECT. Chapter 59 of title 49, United States Code, as amended by section 7, is further amended by adding at the end the following new section: ``Sec. 5912. Authority to inspect ``(a) Authority.--The Secretary of Transportation is authorized to enter any facility of a controller of intermodal equipment interchanged for use on a public highway in order to inspect the equipment to determine whether the equipment complies with the applicable regulations. ``(b) Inspection Program.--The Secretary shall establish and implement with appropriate staffing an inspection and audit program at facilities of controllers of intermodal equipment in order to make determinations under subsection (a). Inspection of equipment and maintenance records for such equipment at such facility shall take place not less frequently than once every 3 months. ``(c) Non-Complying Equipment.--Any intermodal equipment that is determined under this section as failing to comply with applicable safety regulations shall be placed out of service and may not be used on a public highway until the repairs necessary to bring such equipment into compliance have been completed. Repairs of equipment placed out of service shall be documented in the maintenance records for such equipment.''. SEC. 9. PROHIBITION ON RETALIATION. Chapter 59 of title 49, United States Code, as amended by section 8, is further amended by adding at the end the following new section: ``Sec. 5913. Penalties for retaliation ``(a) Retaliation Prohibited.--A controller of intermodal equipment may not take any action to threaten, coerce, discipline, discriminate, or otherwise retaliate against a motor carrier in response to a request made by the motor carrier for maintenance or repair of equipment intended for interchange in order to comply with the applicable safety regulations. ``(b) Failure To Timely Provide Safe Equipment Deemed To Be Retaliation.--Upon receiving a motor carrier's request for maintenance or repair of intermodal equipment to be picked up by the motor carrier in an interchange of equipment, the controller of intermodal equipment shall be considered to have retaliated against the motor carrier for the purposes of this section if the controller of intermodal equipment fails to provide the motor carrier with the equipment in a condition compliant with the applicable safety regulations within 60 minutes after the motor carrier arrives to pick up the equipment at the place where the equipment is to be picked up. ``(c) Penalty.--A controller of intermodal equipment that violates subsection (a) shall be liable to the United States Government for a civil penalty of up to $10,000 for each violation.''. SEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY. Chapter 59 of title 49, United States Code, as amended by section 9, is further amended by adding at the end the following new section: ``Sec. 5914. Maintenance responsibility ``A controller of intermodal equipment may not delegate its responsibility to systematically maintain and repair equipment intended for interchange to a motor carrier or motor carrier agent in an equipment interchange agreement.''. SEC. 11. COMPATIBILITY OF STATE LAWS. (a) In General.--Chapter 59 of title 49, United States Code, as amended by section 10, is further amended by adding at the end the following new section: ``Sec. 5915. Compatibility of State laws ``(a) Preemption Generally.--Except as provided in subsection (b) or as otherwise authorized by Federal law, a law, regulation, order, or other requirement of a State or political subdivision of a State, or of a tribal organization, is preempted if compliance with such law, regulation, order, or other requirement would preclude compliance with a requirement imposed under this chapter. ``(b) Certain Rules not Preempted.--A law, regulation, order, or other requirement of a State or political subdivision of a State, or of a tribal organization, shall not be preempted under subsection (a) if such law, regulation, order, or other requirement is more stringent than, but otherwise compatible with, a requirement under this chapter. ``(c) Tribal Organization Defined.--In this section, the term `tribal organization' has the meaning given such term in section (4)(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)).''. SEC. 12. REPEAL OF OBSOLETE PROVISION. Section 5907 of title 49, United States Code, is repealed. SEC. 13. CLERICAL AMENDMENTS. The table of sections at the beginning of such chapter is amended-- (1) by striking the item relating to section 5907; and (2) by adding at the end the following: ``5909. Jurisdiction over equipment controller. ``5910. Equipment inspection, repair, and maintenance. ``5911. Compliance with safety regulations. ``5912. Authority to inspect. ``5913. Penalties for retaliation. ``5914. Maintenance responsibility. ``5915. Compatibility of State laws.''. SEC. 14. IMPLEMENTING REGULATIONS. (a) Regulations.--The Secretary of Transportation, after notice and opportunity for comment, shall issue regulations implementing the provisions of this Act. The regulations shall be issued as part of the Federal Motor Carrier Safety Regulations of the Department of Transportation. The implementing regulations shall include-- (1) a requirement to identify controllers of intermodal equipment that is interchanged or intended for interchange in intermodal transportation; (2) a requirement to match such equipment readily to its controller through a unique identifying number; (3) a requirement to ensure that each controller of intermodal equipment maintains a system of maintenance and repair records for such equipment; (4) a requirement to evaluate the compliance of controllers of intermodal equipment with the applicable Federal Motor Carrier Safety Regulations; (5) a provision that prohibits controllers of intermodal equipment that fail to attain satisfactory compliance with such regulations from authorizing the placement of equipment on public highways; (6) a requirement for the Secretary to consider the effect that adequate maintenance facilities may have on safety condition of equipment; (7) a process by which motor carriers and agents of motor carriers may anonymously petition the Federal Motor Carrier Safety Administration to undertake an investigation of a noncompliant controller of intermodal equipment; (8) administrative procedures to resolve disputes arising under the regulations; and (9) the inspection and audit program required under section 5912(b) of title 49, United States Code, as added by section 8. (b) Time for Issuing Regulations.--The regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated not later than 120 days after the date of the enactment of this Act and shall be issued not later than one year after such date of enactment. (c) Definitions.--For the purposes of this section, the definitions set forth in section 5901 of title 49, United States Code, as amended by section 4, shall apply. SEC. 15. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Federal Motor Carrier Safety Administration such sums as may be necessary for the establishment and implementation of the inspection program required under section 5912 of title 49, United States Code, as added by section 8. SEC. 16. EFFECTIVE DATE. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act and the amendments made by such sections shall take effect 30 days after the date of the enactment of this Act.

Summary: Intermodal Equipment Safety and Responsibility Act of 2003 - Subjects controllers of interchangeable intermodal equipment to commercial motor vehicle safety regulation and liability, including systematic inspection, maintenance, and repair requirements. Authorizes the Secretary of Transportation to conduct inspections. Prohibits a controller from retaliating against any motor carrier in response to a request for safety maintenance or repair of equipment intended for interchange, including failing to provide requested safe equipment in a timely fashion. Prohibits controller delegation of this maintenance responsibility. Directs the Secretary to issue implementing regulations as part of the Federal Motor Carrier Safety Regulations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Health Care for Severe Mental Illnesses Act of 1993''. SEC. 2. FINDINGS. Congress finds that-- (1) American families should have health insurance protection for the costs of treating severe mental illnesses that is commensurate with the protection provided for other illnesses; (2) currently, many private health insurance policies and public insurance programs discriminate against persons with severe mental illnesses by providing more restrictive coverage for treatments of those illnesses compared to coverage provided for treatments of other medical problems; (3) many health insurance plans limit the number of days allowed for facility care or limit the number of outpatient visits allowed for the treatment of severe mental illnesses while providing no limit for the treatment of other physical illnesses; (4) only 21 percent of all health insurance policies provide inpatient coverage for severe mental illnesses comparable to coverage for other illnesses, and only 2 percent have comparable outpatient coverage; (5) only 2 percent of Americans with private health care coverage have policies that adequately and fairly cover severe mental illnesses; (6) over 60 percent of health maintenance and preferred provider organizations specifically exclude treatment for those with severe mental illnesses; (7) private health insurance provides some type of coverage for 64 percent of all individuals with severe mental illness, but provides only 46 percent of the annual expenditures required for the treatment of severe mental illnesses; (8) health care reform plans designed to make health care more accessible and affordable often incorporate the policies that are discriminatory with respect to persons with severe mental illnesses which now exist in common private health insurance plans; (9) unequal health insurance coverage contributes to the destructive and unfair stigmatization of persons with severe mental illnesses, illnesses that are beyond the control of the individuals, just like cancer, diabetes, and other serious physical health problems; (10) schizophrenia strikes more than 2,500,000 Americans over the course of their lifetimes, and approximately 30 percent of all hospitalized psychiatric patients in the United States suffer from this most disabling group of mental disorders; (11) left untreated, severe mental illnesses are some of the most disabling and destructive illnesses afflicting Americans; (12) studies have found that up to 90 percent of all persons who commit suicide suffer from a treatable severe mental illness, such as schizophrenia, depression, or manic depressive illness; (13) some 10 percent of all inmates, or 100,000 people, in prisons and jails in the United States suffer from schizophrenia or manic-depressive psychosis; (14) severe mental illness places an individual at high risk for homelessness, as approximately one-third of the Nation's 600,000 homeless persons suffer from severe mental illnesses; (15) many persons suffering from severe mental illnesses can be treated effectively but ignorance and stigma continue to prevent many mentally ill individuals from obtaining help; (16) seventy to 80 percent of those suffering from depression respond quickly to treatment and 80 percent of the victims of schizophrenia can be relieved of acute symptoms with proper medication; (17) about 95 percent of what is known about both normal and abnormal structure and function of the brain has been learned in the last 10 years, but millions of severely mentally ill people have yet to benefit from these startling research advances in clinical and basic neuroscience; (18) ensuring adequate health insurance coverage for the treatment of severe mental illnesses can reduce health and societal costs by as much as $2,200,000,000 annually by preventing more costly interventions in the lives of persons with untreated severe mental illnesses and by helping those with severe mental illnesses, many of whom are young adults, remain productive members of society; and (19) legislation to reform the health care system should not condone or perpetuate discrimination against persons with severe mental illnesses. SEC. 3. STATEMENT OF POLICY. (a) In General.--It is the policy of the United States that-- (1) persons with severe mental illnesses must not be discriminated against in the health care system; and (2) health care coverage, whether provided through public or private health insurance or any other means of financing, must provide for the treatment of severe mental illnesses in a manner that is equitable and commensurate with that provided for other major physical illnesses. (b) Construction.--Subsection (a) shall not be construed to preclude the adoption of laws or policies requiring or providing for appropriate and equitable coverage for other mental health services. SEC. 4. NONDISCRIMINATORY AND EQUITABLE HEALTH CARE COVERAGE. With respect to persons with severe mental illnesses, to be considered nondiscriminatory and equitable under this Act, health care coverage shall cover services that are essential to the effective treatment of severe mental illnesses in a manner that-- (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses. SEC. 5. COMMITMENT TO POLICY. It is the purpose of this Act to commit the Congress and the Executive Branch to incorporating the policy set forth in section 3 through efforts, including the enactment of legislation, which are intended to improve access to or control the costs of health care. SEC. 6. DEFINITION. As used in this Act, the term ``severe mental illness'' means an illness that is defined through diagnosis, disability and duration, and includes disorders with psychotic symptoms such as schizophrenia, schizoaffective disorder, manic depressive disorder, autism, as well as severe forms of other disorders such as major depression, panic disorder, and obsessive compulsive disorder.

Summary: Equitable Health Care for Severe Mental Illnesses Act of 1993 - Declares that it is the policy of the United States that: (1) persons with severe mental illnesses must not be discriminated against in health care; and (2) health care coverage, provided through any financing, must provide for the treatment of severe mental illnesses in a way that is equitable and commensurate with that provided for other major illnesses. Requires health care coverage, in order to be considered nondiscriminatory and equitable under this Act, to cover services that are essential to the effective treatment of severe mental illnesses in a manner that: (1) is not more restrictive than coverage provided for other major physical illnesses; (2) provides adequate financial protection to the person requiring the medical treatment for a severe mental illness; and (3) is consistent with effective and common methods of controlling health care costs for other major physical illnesses.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Recapture Excess Profits and Invest in Roads (REPAIR) Act of 2008''. SEC. 2. TEMPORARY WINDFALL PROFITS TAX. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 (relating to alcohol, tobacco, and certain other excise taxes) is amended by adding at the end thereof the following new chapter: ``CHAPTER 56--TEMPORARY WINDFALL PROFITS ON CRUDE OIL ``Sec. 5896. Imposition of tax. ``Sec. 5897. Windfall profit; etc. ``Sec. 5898. Special rules and definitions. ``SEC. 5896. IMPOSITION OF TAX. ``(a) In General.--In addition to any other tax imposed under this title, there is hereby imposed on any applicable taxpayer an excise tax in an amount equal to 25 percent of the windfall profit of such taxpayer for any taxable year beginning during 2008 or 2009. ``(b) Applicable Taxpayer.--For purposes of this chapter, the term `applicable taxpayer' means, with respect to operations in the United States-- ``(1) any integrated oil company (as defined in section 291(b)(4)), and ``(2) any other producer or refiner of crude oil with gross receipts from the sale of such crude oil or refined oil products for the taxable year exceeding $1,000,000,000. ``SEC. 5897. WINDFALL PROFIT; ETC. ``(a) General Rule.--For purposes of this chapter, the term `windfall profit' means the excess of the adjusted taxable income of the applicable taxpayer for the taxable year over the reasonably inflated average profit for such taxable year. ``(b) Adjusted Taxable Income.--For purposes of this chapter, with respect to any applicable taxpayer, the adjusted taxable income for any taxable year is equal to the taxable income for such taxable year (within the meaning of section 63 and determined without regard to this subsection)-- ``(1) increased by any interest expense deduction, charitable contribution deduction, and any net operating loss deduction carried forward from any prior taxable year, and ``(2) reduced by any interest income, dividend income, and net operating losses to the extent such losses exceed taxable income for the taxable year. In the case of any applicable taxpayer which is a foreign corporation, the adjusted taxable income shall be determined with respect to such income which is effectively connected with the conduct of a trade or business in the United States. ``(c) Reasonably Inflated Average Profit.--For purposes of this chapter, with respect to any applicable taxpayer, the reasonably inflated average profit for any taxable year is an amount equal to the average of the adjusted taxable income of such taxpayer for taxable years beginning during the 2003-2007 taxable year period (determined without regard to the taxable year with the highest adjusted taxable income in such period) plus 10 percent of such average. ``SEC. 5898. SPECIAL RULES AND DEFINITIONS. ``(a) Withholding and Deposit of Tax.--The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896. ``(b) Records and Information.--Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information as the Secretary may by regulations prescribe. ``(c) Return of Windfall Profit Tax.--The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896. ``(d) Crude Oil.--The term `crude oil' includes crude oil condensates and natural gasoline. ``(e) Businesses Under Common Control.--For purposes of this chapter, all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.''. (b) Clerical Amendment.--The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Chapter 56. Temporary Windfall Profit on Crude Oil.''. (c) Deductibility of Windfall Profit Tax.--The first sentence of section 164(a) of the Internal Revenue Code of 1986 (relating to deduction for taxes) is amended by inserting after paragraph (5) the following new paragraph: ``(6) The windfall profit tax imposed by section 5896.''. (d) Transfer of Proceeds to Highway Trust Fund.--Section 9503(b)(1) of the Internal Revenue Code of 1986 (relating to certain taxes) is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(F) section 5896 (relating to windfall profit tax on crude oil).''. (e) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning in 2008 and 2009. (2) Subsection (d).--The amendments made by subsection (d) shall take effect on the date of the enactment of this Act.

Summary: Recapture Excess Profits and Invest in Road (REPAIR) Act of 2008 - Amends the Internal Revenue Code to impose in 2008 or 2009 an excise tax of 25% on the windfall profits of integrated oil companies and other producers and refiners of crude oil (crude oil condensates and natural gasoline) with gross receipts over $1 billion. Allows a tax deduction for the payment of the windfall profit tax imposed by this Act. Requires the transfer of windfall profit tax revenues to the Highway Trust Fund.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Efficiency Act''. SEC. 2. NATIONAL INTERMODAL TRANSPORTATION PLANNING TASK FORCE. (a) Establishment of Task Force.--The President shall create a National Intermodal Transportation Planning Task Force (referred to in this Act as ``Task Force'') with the Secretary of Transportation, or designee, acting as chairperson and compromised of representatives of the Departments of Commerce, Energy, Labor, and Housing and Urban Development, the Environmental Protection Agency and other government agencies the President considers necessary to conduct the study and complete the Plan required by this Act. (b) Duties of Task Force.--The Task Force shall-- (1) conduct a study on transportation needs, a draft of which shall be completed not later than 12 months after the date of enactment of this Act and the final study shall be completed not later than 15 months after the date of enactment of this Act; (2) sponsor a conference on National Transportation Planning not later than 6 months after the completion of the draft study; (3) make recommendations to the President for possible invitees to the conference on National Transportation Planning described in section 3; (4) use the study and the input of attendees of the conference under section 3 to draft a National Intermodal Transportation Plan (referred to in this Act as ``Plan'') not later than 24 months after the date of enactment of this Act and publish it in the Federal Register and place it on the Department's Web site for public comment; and (5) transmit to Congress, and place on the Department of Transportation's Web site, a National Intermodal Transportation Plan not later than 24 months after the date of enactment of this Act. SEC. 3. NATIONAL TRANSPORTATION STUDY. In developing the study established pursuant to section 1, the Task Force shall consider all aspects and all modes of transportation, public, private, and commercial, including air, rail (passenger and freight), road, port, waterway, bicycle, and pedestrian. The study shall project for the next 30 years and examine and identify for such period of time the following: (1) National transportation priorities. (2) The anticipated demand, steps currently being taken to address anticipated demand, how successful these steps are anticipated to be, the most advantageous allocation of shipments of goods and travel among the various capacities of various modes, connectivity of those modes, and comparative costs. Comparative costs shall take into account past public investments in currently existing infrastructure for each transportation mode. (3) Deficiencies in the current and currently planned transportation systems to meet current and anticipated demand and the appropriate level of redundancies. (4) How intermodal transportation planning may help address anticipated transportation demand, social impacts of transportation, and the impact of the transportation sector on the environment, particularly global warming. (5) What obstacles exist to enhance and improve intermodal transportation planning to meet national priorities so that the national Plan provides suggestions on policy and legislative recommendations to such obstacles. (6) Transportation purposes, systems operational requirements and capacities, comparative long-term costs, and revenue sources. (7) How different agencies and levels of government may be better incorporated and coordinated to improve transportation planning. (8) Obstacles to potential benefits from, and current efforts in mega-region planning at the national and regional level. SEC. 4. NATIONAL TRANSPORTATION PLANNING CONFERENCE. (a) In General.--The Task Force shall convene a National Transportation Priorities Conference (referred to in this Act as the ``Conference'') not later than 6 months after the completion of the draft National Transportation Study. (b) Conference Mission.--The mission of the Conference shall be-- (1) to review the draft of the study conducted pursuant to section 2 and comment on the draft's findings; (2) to discuss ways to improve transportation planning; (3) to suggest short-term and long-term goals to be incorporated into the Plan; (4) to examine and evaluate how environmental priorities and economic planning are integrated into transportation planning; (5) to identify obstacles to meeting those goals and suggestion measures to reduce or eliminate those obstacles; and (6) to perform other tasks that the Task Force considers helpful to complete the Study and the Plan. (c) Conference Representatives.--The Conference shall be comprised of representatives appointed by the President of the following: (1) State Departments of Transportation. (2) State legislatures. (3) Municipal leaders. (4) Metropolitan planning organizations. (5) Transportation nonprofit and advocacy groups. (6) Bike and pedestrian and other transportation safety organizations. (7) Transportation trade associations. (8) Small and large transportation companies. (9) Environmental organizations. (10) Labor unions. (11) Academia. (12) And other groups the Task Force considers helpful in achieving the conference's mission. SEC. 5. NATIONAL INTERMODAL TRANSPORTATION PLAN. (a) In General.--The Plan developed under this Act shall include all aspects and all modes of transportation, both public and private, including rail, aviation, waterways, roads, ports, bicycle, and pedestrian and shall include the following: (1) Summary of the findings of the study. (2) Short-term and long-term goals. (3) A description of how each short-term goal will lead to, or at least not preclude, achieving long-term goals. (4) Incremental steps and performance measures to achieve such goals. (5) What public and private resources will be required to implement the Plan. (6) Any recommended legislative changes that are necessary to meet national priorities and the short-term and long-term goals, including better intermodal transportation and mega- region planning. (7) An exploration of potential alternatives to what is proposed in the Plan. (b) Long-Term Goals.--The long-term goals in the Plan shall take into account the following: (1) Accessibility, including how best to reasonably ensure that the various parts of the country have access to the national transportation system (road, rail routes, air routes, and water routes), including how and when public subsidies or regulation may be needed. (2) Mobility, including the ease and expense of getting people and goods to their desired destination in order to meet economics and societal needs. (3) National security, including addressing moving people and goods by alternative routes and modes in the face of either a natural or man-made disaster or intentional act. (4) Economic prosperity, including addressing how a vibrant economy requires timely and cost-effective movement of goods and services and how various national transportation policies can positively and negatively effect local and regional economies. (5) Social equity, including addressing the fact that transportation decisions have different costs and benefits on differing segments of our society and how goals may be established to help minimize those differences and ensure that vulnerable segments of society do not pay a disproportionate percentage of the cost. (6) Evaluate the environmental protection, including addressing the fact that transportation issues will have varying impacts on the environment from its contribution to green house gasses and other emissions to short-term economic costs that may lead to a decision that is counter to a long- term environmental benefit. (7) Energy consumption, including addressing how to minimize overall transportation sector energy needs and utilizing cost-benefit analysis based upon full-cost accounting. SEC. 6. FUNDING AUTHORIZATION. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Summary: Transportation Efficiency Act - Directs the President to create a National Intermodal Transportation Planning Task Force to: (1) study the nation's transportation needs and priorities for the next 30 years; (2) convene a conference on National Transportation Planning; and (3) draft a National Intermodal Transportation plan that includes short- and long-term goals for meeting those priorities and improving intermodal transportation planning for all modes of the national transportation system.


SECTION 1. SHORT TITLE. This Act shall be cited as the ``Bring Jobs Back to America: Strategic Manufacturing & Job Repatriation Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Repatriation.--The term ``repatriation'' means, with respect to a firm's job or facility, as the act of returning from a location in a foreign country to a location within the United States of America. (2) Comparative advantage.--The term ``comparative advantage'' means, with respect to a country's industrial base, an environment in which a country's private industry may produce a good at a lower opportunity cost than a competitor. (3) Technology-based planning.--The term ``technology-based planning'' means the process by which the Government may promote the acquisition and utilization of technology to excel at satisfying a customer need to generate a national competitive advantage. (4) Technology spatial mapping.--The term ``technology spatial mapping'' means identifying the full set of present and emerging technologies whose dimensions dictate how a technology may be acquired and utilized for a competitive advantage. SEC. 3. NATIONAL MANUFACTURING & REPATRIATION STRATEGY. (a) Requirement.--Not more than 180 days following enactment, the U.S. Secretary of Commerce shall create a comprehensive national manufacturing strategy designed to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages. The strategy shall also include: (1) An analysis of progress made since the release of the Secretary's 2004 report: ``Manufacturing in America: A Comprehensive Strategy to Address the Challenges to U.S. Manufacturers''. (2) Targets, established by the Secretary, for manufacturing sector growth, including a subset of targets for repatriated jobs to the United States, for fiscal years 2011, 2012, 2013, 2014, and 2015. (3) A survey of all existing Federal programs supporting manufacturing and recommendations on how the department or the Congress may better align such programs to support the strategy. (b) Requirement.--Not more than 180 days following enactment, and every second year thereafter, the Secretary shall conduct a survey of American firms: (1) The survey shall, at a minimum, identify-- (A) firms which maintain manufacturing, design or support service facilities outside of the United States; and (B) categories of products manufactured at such facilities and number of jobs located at such overseas facilities. (2) The survey shall provide that any American firms choosing not to complete the survey will be ineligible to receive Federal contracts or assistance. (3) The Secretary shall create and maintain a database based on the information provided in response to the annual survey of American firms. (4) The Secretary shall report to Congress on the results of the annual survey, including longitudinal trends in American manufacturing and the repatriation of jobs. (c) Authorizes such sums as necessary. SEC. 4. REPATRIATION TASK FORCES. (a) Requirement.--The U.S. Secretary of Commerce shall establish multiple ``Repatriation Task Forces'' to promote repatriation in accordance with the Secretary's established targets for job repatriation and manufacturing growth. The task forces shall: (1) Proactively and regularly identify American firms interested in repatriating production or services to the United States. (2) Identify the unique needs of the firm necessary to facilitate the repatriation. (3) Identify and assist State governments to facilitate a mutually beneficial repatriation of the firm's facility and/or jobs to the United States. (4) Work with any other Federal agencies on a case-by-case basis to provide technical assistance to the firm or the State necessary to facilitate the repatriation of the facility and/or jobs to the United States. (5) Serve as a resource to State governments and act as an impartial advocate for all States choosing to compete for a firm's facility as part of its repatriation. (6) Educate firms and States on the National Manufacturing and Repatriation Strategy, the Repatriation Task Forces, and all Federal assistance available to firms and State and county economic development agencies. (7) Develop a computer-based program to help firms understand the total cost of ownership of locating facilities inside the United States as compared to foreign countries. (b) Members.--Each task force shall be comprised of, at a minimum, representatives from the Office of the Secretary of Commerce, the Economic Development Administration, the International Trade Administration, the U.S. Patent and Trademark Office, National Institute of Standards and Technology, and Bureau of Industry and Security. (c) Authorizes such sums as necessary. SEC. 5. AMERICAN ECONOMIC SECURITY COMMISSION. (a) Establishment.--There is established a commission to be known as the ``American Economic Security Commission'' (hereinafter in this Act referred to as the ``Commission''). (b) Duties of Commission.-- (1) In general.--The Commission shall study and make recommendations on policy relating to American competitiveness, particularly in the manufacturing, information technology, energy, and biotechnology sectors of the global economy, as well as study ``technology-based planning'' policies to bolster American economic competitiveness. (2) Reports.--The Commission shall issue periodic reports on issues surrounding ``technology-based planning'', emerging technologies, and American economic competitiveness, specifically with regard to a new trade agreement and the enforcement of existing trade agreements, taxation, cybersecurity, the U.S. patent system, intellectual property laws and enforcement, vocational training, education, research and development programs, and infrastructure, and produce reports requested by Members of Congress or congressional committees. (3) Requirement.--The Commission shall oversee the development and operation of a computer-based, accurate, precise and detailed ``technology spatial mapping'' program. This tool will be used to catalogue, monitor, and anticipate emerging trends in technology to support the commission's reporting on developing American comparative advantages in a timely manner as new technology develops. (c) Membership.--The Commission shall be composed of 12 members, with the majority and minority leaders of the Senate, and the Speaker and the minority leader of the House each selecting three commissioners. The Commissioners shall serve two-year terms and may be reappointed twice. (d) Leadership of Commission.--The Commissioners shall elect a chairman and a vice-chairman every other year. The chair and vice-chair may not have been appointed by members of the same political party. (e) Director and Staff of Commission.-- (1) Director.-- (A) In general.--Subject to paragraph (3) and to the extent provided in advance in appropriation Acts, the Commission shall appoint and fix the pay of a director. (B) Duties.--The director of the Commission shall be responsible for the administration and coordination of the duties of the Commission and shall perform other such duties as the Commission may direct. (2) Staff.--In accordance with rules agreed upon by the Commission, subject to paragraph (3), and to the extent provided in advance in appropriation Acts, the director may appoint and fix the pay of additional personnel. (3) Applicability of certain civil service laws.--The director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that pay fixed under paragraph (1) may not exceed $150,000 per year and pay fixed under paragraph (2) may not exceed a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (4) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of their regular employment without interruption. (5) Experts and consultants.--In accordance with rules agreed upon by the Commission and to the extent provided in advance in appropriation Acts, the director may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (f) Powers of Commission.-- (1) Hearings and evidence.--The Commission may, for the purpose of carrying out this Act, hold such hearings in addition to the town hall style public hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take under this section. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (5) Contract authority.--To the extent provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (6) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (g) Authorizes such sums as necessary. SEC. 6. REPATRIATION TAX INCENTIVE STUDY. (a) Requirement.--The U.S. Secretary of Commerce shall, in conjunction with the Commissioner of the U.S. Internal Revenue Service study the impact and feasibility of a tax incentive to encourage firms to repatriate jobs and report back to Congress within 180 days of enactment. (b) The study shall: (1) Examine the merits of a tax incentive to encourage repatriation that would waive all Federal taxes on the return of offshore, untaxed profits to a ratio of domestic jobs created. (2) Consider a ratio of $1 billion in tax relief relative to 14,000 jobs repatriated or created in the United States, as well as other ratios the Secretary and Commissioner may determine. SEC. 7. AMENDS AUTHORIZED PROGRAMS FOR REPATRIATION PURPOSES. (a) Eligibility.--To amend title 42, United States Code, to include a definition of ``repatriation'' for purposes of public works, economic development planning and local government demonstration programs. (b) Eligibility.--To amend title 15, United States Code, subsection 7506 to include a definition of ``repatriation'' for purposes. SEC. 8. PATENT PROTECTION AND PRIORITIZATION. (a) Pre-Publication of Abstracts Only.--Section 122 of title 35, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) by striking ``each application for a patent'' and inserting ``and with respect to an application for a patent, the abstract included with such application''; and (II) by striking ``an application'' and inserting ``an abstract''; (ii) in subparagraph (B), by striking ``patent applications'' each place it appears and inserting ``abstracts included with patent applications''; and (iii) in subparagraph (C), by striking ``patent application'' each place it appears and inserting ``abstract included with a patent application''; and (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``An application'' and inserting ``An abstract included with an application''; (ii) in subparagraph (B)-- (I) in clause (i), by striking ``the application'' and inserting ``the abstract included with the application''; and (II) in clause (iv), by striking ``the application'' and inserting ``the abstract included with the application''; and (iii) by striking clause (v); (2) by striking subsection (c); (3) by redesignating subsection (d) as subsection (c); and (4) in subsection (c), as so redesignated, by striking ``No application'' and inserting ``No abstract included with an application''. (b) Conforming Amendments.-- (1) Table of contents.--The table of contents for chapter 11 of part 2 of title 35, United States Code, is amended in the item relating to section 122 by inserting before ``patent applications'' the following: ``abstracts included with''. (2) Publications.--Section 10 of title 35, United States Code, is amended by striking ``published applications'' and inserting ``published abstracts included with applications''. (3) Abstract definition.--Section 100 of title 35, United States Code, is amended by adding at the end the following new subsection: ``(f) The term `abstract' shall have the meaning given such term, by regulation, by the Director.''. (4) Conditions for patentability.--Section 102(e) of title 35, United States Code, is amended to read as follows: ``(e) the invention was described in-- ``(1) a patent granted on an application for patent by another in an international application filed under the treaty defined in section 351(a); and ``(2) such application designated the United States and was published under article 21(2) of such treaty in the English language; or''. (5) Interferences.--Section 135(b) of title 35, United States Code, is amended to read as follows: ``(b) A claim which is the same as, or for the same or substantially the same subject matter as, a claim of an issued patent may not be made in any application unless such a claim is made prior to one year from the date on which the patent was granted.''. (6) Provisional rights.--Section 154(d)(1) of title 35, United States Code, is amended-- (A) by striking ``publication of the application for such patent under section 122(b), or in the case of''; and (B) by striking ``the date of publication of the application''. (7) Secrecy of certain inventions.--Section 181 of title 35, United States Code, is amended-- (A) by striking ``publication of an application'' each place it appears and inserting ``publication of an abstract included with an application''; and (B) by striking ``publication of the application'' each place it appears and inserting ``publication of the abstract included with the application''. (c) Prioritization for Higher Education Institutions.--Section 131 of title 35, United States Code, is amended-- (1) by striking ``The Director'' and inserting the following: ``(a) In General.--The Director''; and (2) by adding at the end the following new subsection: ``(b) Priority of Examination for Certain Applications.--The Director shall give priority to the examination of an application made by an applicant that is-- ``(1) an institution of higher education, as such term is defined under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); or ``(2) a patent holding company affiliated with such an institution.''. SEC. 9. EFFECTIVE DATE. The amendments made by this Act shall take effect upon enactment of this Act.

Summary: Bring Jobs Back to America: Strategic Manufacturing & Job Repatriation Act - Directs the Secretary of Commerce to create a comprehensive national manufacturing strategy to increase overall domestic production, create private sector jobs, and identify emerging technologies to strengthen American competitiveness and comparative advantages. Requires the Secretary to: (1) identify U.S. firms maintaining facilities and jobs outside the United States; and (2) establish multiple Repatriation Task Forces to promote repatriation (return of a job or facility from a foreign country location to a U.S. location) in accordance with established targets for job repatriation and manufacturing growth. Establishes the American Economic Security Commission to study and report to Congress on policy relating to American competitiveness and technology-based planning to bolster it. Directs the Secretary, in conjunction with the Commissioner of Internal Revenue, to study and report to Congress on the impact and feasibility of a tax incentive to encourage firms to repatriate jobs back to the United States. Amends federal patent law to revise requirements regarding the publication of patent applications. Requires abstracts (short summaries of inventions) included with patent applications (instead of the patent applications themselves, as under current law) to be published 18 months after the earliest filing date of the application. Repeals certain requirements relating to: (1) submission of a redacted copy of an application; and (2) procedures to prevent protest and pre-issuance opposition to the grant of a patent. Requires the Director of the U.S. Patent and Trademark Office to give priority to the examination of a patent application by an institution of higher education or a patent holding company affiliated with such an institution.


SECTION 1. SHORT TITLE. This Act may be cited as the ``National Drought Policy Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States often suffers serious economic and environmental losses from severe regional droughts and there is no coordinated Federal strategy to respond to such emergencies; (2) at the Federal level, even though historically there have been frequent, significant droughts of national consequences, drought is addressed mainly through special legislation and ad hoc action rather than through a systematic and permanent process as occurs with other natural disasters; (3) several Federal agencies have a role in drought from predicting, forecasting, and monitoring of drought conditions to the provision of planning, technical, and financial assistance; (4) there has never been one single Federal agency in a lead or coordinating role with regard to drought; (5) the State, local, and tribal governments have had to deal individually and separately with each Federal agency involved in drought assistance; and (6) the President should appoint an advisory commission to provide advice and recommendations on the creation of an integrated, coordinated Federal policy designed to prepare for and respond to serious drought emergencies. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the National Drought Policy Commission (hereafter in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 14 members. The members of the Commission shall include-- (A) the Secretary of Agriculture, or the designee of the Secretary, who shall serve as Chairperson of the Commission; (B) the Secretary of the Interior, or the designee of the Secretary; (C) the Secretary of the Army, or the designee of the Secretary; (D) the Secretary of Commerce, or the designee of the Secretary; (E) the Director of the Federal Emergency Management Agency, or the designee of the Director; (F) the Administrator of the Small Business Administration, or the designee of the Administrator; (G) two persons nominated by the National Governors' Association and appointed by the President, of whom-- (i) one shall be the governor of a State east of the Mississippi River; and (ii) one shall be a governor of a State west of the Mississippi River; (H) a person nominated by the National Association of Counties and appointed by the President; (I) a person nominated by the United States Conference of Mayors and appointed by the President; and (J) four persons appointed by the Secretary of Agriculture who shall be representative of groups acutely affected by drought emergencies, such as the agricultural production community, the credit community, rural water associations, and Native Americans. (2) Date.--The appointments of the members of the Commission shall be made no later than 60 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--No later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Vice Chairperson.--The Commission shall select a Vice Chairperson from among the members who are not Federal officers or employees. SEC. 4. DUTIES OF THE COMMISSION. (a) Study and Report.--The Commission shall conduct a thorough study and submit a report on national drought policy, as provided under subsection (c). (b) Content of Study and Report.--In conducting the study and report, the Commission shall-- (1) determine, in consultation with the National Drought Mitigation Center in Lincoln, Nebraska, what needs exist on the Federal, State, local, and tribal levels to prepare for and respond to drought emergencies; (2) review all existing Federal laws and programs relating to drought; (3) review those State, local, and tribal laws and programs relating to drought the Commission finds pertinent; (4) determine what differences exist between the needs of those affected by drought and the Federal laws and programs designed to mitigate the impacts of and respond to drought; (5) collaborate with the Western Drought Coordination Council in order to consider regional drought initiatives and the application of such initiatives at the national level; (6) make recommendations on how Federal drought laws and programs can be better integrated with ongoing State, local, and tribal programs into a comprehensive national policy to mitigate the impacts of and respond to drought emergencies without diminishing the rights of States to control water through State law; and (7) include a recommendation on whether all Federal drought preparation and response programs should be consolidated under one existing Federal agency and, if so, identify such agency. (c) Submission of Report.-- (1) In general.--No later than 18 months after the date of enactment of this Act, the Commission shall submit a report to the President and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House of Representatives which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Approval of report.--Before submission of the report, the contents of the report shall be approved by unanimous consent or majority vote. If the report is approved by majority vote, members voting not to approve the contents shall be given the opportunity to submit dissenting views with the report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers necessary to carry out the purposes of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall not be compensated for service on the Commission, except as provided under subsection (b). All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Administrative Support.--The Secretary of Agriculture shall provide all financial, administrative, and staff support services for the Commission. SEC. 7. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days after the date on which the Commission submits its report under section 4. Passed the Senate November 10, 1997. Attest: GARY SISCO, Secretary.

Summary: National Drought Policy Act of 1997 - Establishes the National Drought Policy Commission to conduct a thorough study and submit a specified report on national drought policy to the President and the Committee on Governmental Affairs of the Senate and the Committee on Government Reform and Oversight of the House together with its recommendations for such legislation and administrative actions as it considers appropriate. Terminates the Commission 90 days after the submission of such report.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Eye Trauma Treatment Act of 2007''. SEC. 2. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES. (a) Establishment.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section: ``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries ``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries'. ``(b) Partnerships.--The Secretary shall ensure that the Center collaborates to the maximum extent practicable with the Secretary of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). ``(c) Responsibilities.--(1) The Center shall-- ``(A) develop, implement, and oversee a registry of information for the tracking of the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of significant eye injury incurred by a member of the armed forces while serving on active duty; ``(B) ensure the electronic exchange with the Secretary of Veterans Affairs of information obtained through tracking under subparagraph (A); and ``(C) enable the Secretary of Veterans Affairs to access the registry and add information pertaining to additional treatments or surgical procedures and eventual visual outcomes for veterans who were entered into the registry and subsequently received treatment through the Veterans Health Administration. ``(2) The registry under this subsection shall be known as the `Military Eye Injury Registry' (hereinafter referred to as the `Registry'). ``(3) The Center shall develop the Registry in consultation with the ophthalmological specialist personnel and optometric specialist personnel of the Department of Defense and the ophthalmological specialist personnel and optometric specialist personnel of the Department of Veterans Affairs. The mechanisms and procedures of the Registry shall reflect applicable expert research on military and other eye injuries. ``(4) The mechanisms of the Registry for tracking under paragraph (1)(A) shall ensure that each military medical treatment facility or other medical facility shall submit to the Center for inclusion in the Registry information on the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of eye injury described in that paragraph as follows (to the extent applicable): ``(A) Not later than 30 days after surgery or other operative intervention, including a surgery or other operative intervention carried out as a result of a follow-up examination. ``(B) Not later than 180 days after the significant eye injury is reported or recorded in the medical record. ``(5)(A) The Center shall provide notice to the Blind Rehabilitation Service of the Department of Veterans Affairs and to the eye care services of the Veterans Health Administration on each member of the armed forces described in subparagraph (B) for purposes of ensuring the coordination of the provision of ongoing eye care and visual rehabilitation benefits and services by the Department of Veterans Affairs after the separation or release of such member from the armed forces. ``(B) A member of the armed forces described in this subparagraph is a member of the armed forces as follows: ``(i) A member with a significant eye injury incurred while serving on active duty, including a member with visual dysfunction related to traumatic brain injury. ``(ii) A member with an eye injury incurred while serving on active duty who has a visual acuity of 20/200 or less in the injured eye. ``(iii) A member with an eye injury incurred while serving on active duty who has a loss of peripheral vision resulting in twenty degrees or less of visual field in the injured eye. ``(d) Utilization of Registry Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that information in the Military Eye Injury Registry is available to appropriate ophthalmological and optometric personnel of the Department of Veterans Affairs for purposes of encouraging and facilitating the conduct of research, and the development of best practices and clinical education, on eye injuries incurred by members of the armed forces in combat.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new item: ``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries.''. (b) Inclusion of Records of OIF/OEF Veterans.--The Secretary of Defense shall take appropriate actions to include in the Military Eye Injury Registry established under section 1105a of title 10, United States Code (as added by subsection (a)), such records of members of the Armed Forces who incurred an eye injury while serving on active duty on or after September 11, 2001, but before the establishment of the Registry, as the Secretary considers appropriate for purposes of the Registry. (c) Report on Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added), including the progress made in establishing the Military Eye Injury Registry required under that section. (d) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In carrying out the program at Walter Reed Army Medical Center, District of Columbia, on Traumatic Brain Injury Post Traumatic Visual Syndrome, the Secretary of Defense and the Department of Veterans Affairs shall jointly provide for the conduct of a cooperative program for members of the Armed Forces and veterans with Traumatic Brain Injury by military medical treatment facilities of the Department of Defense and medical centers of the Department of Veterans Affairs selected for purposes of this subsection for purposes of vision screening, diagnosis, rehabilitative management, and vision research, including research on prevention, on visual dysfunction related to Traumatic Brain Injury. (e) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for Defense Health Program, $5,000,000 for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added).

Summary: Military Eye Trauma Treatment Act of 2007 - Directs the Secretary of Defense (Secretary) to establish within the Department of Defense (DOD) the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries to: (1) develop and oversee the Military Eye Injury Registry for tracking the diagnosis, treatment, and follow-up for each case of eye injury incurred by a member of the Armed Forces while on active duty; and (2) ensure the electronic exchange of Registry information with the Secretary of Veterans Affairs. Requires the Secretary to: (1) include in the Registry records of members who incurred eye injuries while on active duty on or after September 11, 2001, but before the Registry's establishment; and (2) report to Congress on the Center's establishment. Directs the Secretary and the Department of Veterans Affairs (VA) to conduct a cooperative study on neuro-optometric screening and diagnosis of members with traumatic brain injury (TBI) by military medical treatment facilities and VA medical centers for purposes of vision screening, diagnosis, rehabilitative management, and vision research on visual dysfunction related to TBI.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Combat Veterans Back to Work Act of 2011''. SEC. 2. PAYROLL TAX FORGIVENESS FOR HIRING COMBAT VETERANS. (a) In General.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Exemption for Certain Individuals Hired in 2011 and 2012.-- ``(1) In general.--Subsection (a) shall not apply to wages paid by a qualified employer with respect to employment during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2012, of any qualified individual for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after June 30, 2011, and before January 1, 2013, ``(B) is a current member of the National Guard or other reserve component of the Armed Forces or a veteran (as defined in section 101 of title 38, United States Code), ``(C) within 18 months before beginning such employment, returned from a deployment of at least 180 days in support of a contingency operation (as defined in section 101 of title 10, United States Code) or under section 502(f) of title 32, United States Code, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (b) Coordination With Work Opportunity Credit.--Section 51(c) of such Code is amended by adding at the end the following new paragraph: ``(6) Coordination with payroll tax forgiveness.--The term `wages' shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(e)(3)) during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(e)) unless such qualified employer makes an election not to have section 3111(e) apply.''. (c) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subsection (a). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (d) Application to Railroad Retirement Taxes.-- (1) In general.--Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Rate for Certain Individuals Hired in 2011 and 2012.-- ``(1) In general.--In the case of compensation paid by a qualified employer during the period beginning on the day after the date of the enactment of this subsection and ending on December 31, 2012, with respect to having a qualified individual in the employer's employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. ``(2) Qualified employer.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(3) Qualified individual.--For purposes of this subsection, the term `qualified individual' means any individual who-- ``(A) begins employment with a qualified employer after June 30, 2011, and before January 1, 2013, ``(B) is a current member of the National Guard or other reserve component of the Armed Forces or a veteran (as defined in section 101 of title 38, United States Code), ``(C) within 18 months before beginning such employment, returned from a deployment of at least 180 days in support of a contingency operation (as defined in section 101 of title 10, United States Code) or under section 502(f) of title 32, United States Code, ``(D) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(E) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(4) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (2) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (e) Effective Date.-- (1) In general.--The amendments made by this section shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes.--The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act. SEC. 3. BUSINESS CREDIT FOR RETENTION OF CERTAIN NEWLY HIRED VETERANS. (a) In General.--In the case of any taxable year ending after the date of the enactment of this Act, the current year business credit determined under section 38(b) of the Internal Revenue Code of 1986 for such taxable year shall be increased by an amount equal to the product of-- (1) $1,000, and (2) the number of retained workers with respect to which subsection (b)(2) is first satisfied during such taxable year. (b) Retained Worker.--For purposes of this section, the term ``retained worker'' means any qualified individual (as defined in section 3111(e)(3) of the Internal Revenue Code of 1986)-- (1) who was employed by the taxpayer on any date during the taxable year, (2) who was so employed by the taxpayer for a period of not less than 52 consecutive weeks, and (3) whose wages for such employment during the last 26 weeks of such period equaled at least 80 percent of such wages for the first 26 weeks of such period. (c) Limitation on Carrybacks.--No portion of the unused business credit under section 38 of the Internal Revenue Code of 1986 for any taxable year which is attributable to the increase in the current year business credit under this section may be carried to a taxable year beginning before the date of the enactment of this section. (d) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (other than this subsection). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section (other than this subsection) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) Coordination with credit allowed against united states income taxes.--No increase in the credit determined under section 38(b) of the Internal Revenue Code of 1986 against United States income taxes for any taxable year determined under subsection (a) shall be taken into account with respect to any person-- (A) to whom a credit is allowed against taxes imposed by the possession by reason of this section for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, rules similar to the rules of section 1001(b)(3)(C) of the American Recovery and Reinvestment Tax Act of 2009 shall apply.

Summary: Combat Veterans Back to Work Act of 2011 - Amends the Internal Revenue Code to: (1) allow nongovernmental employers an exemption from, or reduction in, employment taxes for the period beginning after the enactment of this Act and ending on December 31, 2012, for wages paid to a qualified individual; and (2) allow an employer a business tax credit for each such worker retained by such employer who has been employed for not less than 52 consecutive weeks at a specified wage level. Defines a "qualified individual" as any individual who: (1) begins employment after June 30, 2011, and before January 1, 2013; (2) is a current member of the National Guard or a reserve component; (3) within 18 months before beginning such employment, returned from a deployment of at least 180 days in support of a contingency operation; and (4) has not been hired to replace another employee unless such other employee separated from employment voluntarily or for cause.