SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Criminal Penalty Enhancement and Reform Act of 2003''. TITLE I--ANTITRUST ENFORCEMENT ENHANCEMENTS AND COOPERATION INCENTIVES SEC. 101. SUNSET. (a) In General.--Except as provided in subsection (b), the provisions of sections 101 through 104 shall cease to have effect 5 years after the date of enactment of this Act. (b) Exception.--With respect to an applicant who has entered into an antitrust leniency agreement on or before the date on which the provisions of sections 101 through 104 of this title shall cease to have effect, the provisions of sections 101 through 104 of this title shall continue in effect. SEC. 102. DEFINITIONS. In this title: (1) Antitrust division.--The term ``Antitrust Division'' means the United States Department of Justice Antitrust Division. (2) Antitrust leniency agreement.--The term ``antitrust leniency agreement,'' or ``agreement,'' means a leniency letter agreement, whether conditional or final, between a person and the Antitrust Division pursuant to the Corporate Leniency Policy of the Antitrust Division in effect on the date of execution of the agreement. (3) Antitrust leniency applicant.--The term ``antitrust leniency applicant,'' or ``applicant,'' means, with respect to an antitrust leniency agreement, the person that has entered into the agreement. (4) Claimant.--The term ``claimant'' means a person or class, that has brought, or on whose behalf has been brought, a civil action described in section 104(1), except that the term does not include a State or a subdivision of a State with respect to a civil action brought to recover damages sustained by the State or subdivision. (5) Cooperating individual.--The term ``cooperating individual'' means, with respect to an antitrust leniency agreement, a current or former director, officer, or employee of the antitrust leniency applicant who is covered by the agreement. (6) Person.--The term ``person'' has the meaning given it in subsection (a) of the first section of the Clayton Act. SEC. 103. LIMITATION ON RECOVERY. (a) In General.--Subject to subsection (d), in any civil action alleging a violation of section 1 or 3 of the Sherman Act, or alleging a violation of any similar State law, based on conduct covered by a currently effective antitrust leniency agreement, the amount of damages recovered by or on behalf of a claimant from an antitrust leniency applicant who satisfies the requirements of subsection (b), together with the amounts so recovered from cooperating individuals who satisfy such requirements, shall not exceed that portion of the actual damages sustained by such claimant which is attributable to the commerce done by the applicant in the goods or services affected by the violation. (b) Requirements.--Subject to subsection (c), an antitrust leniency applicant or cooperating individual satisfies the requirements of this subsection with respect to a civil action described in subsection (a) if the court in which the civil action is brought determines that the applicant or cooperating individual, as the case may be, has provided satisfactory cooperation to the claimant with respect to the civil action, which cooperation shall include-- (1) providing a full account to the claimant of all facts known to the applicant or cooperating individual, as the case may be, that are potentially relevant to the civil action; (2) furnishing all documents or other items potentially relevant to the civil action that are in the possession, custody, or control of the applicant or cooperating individual, as the case may be, wherever they are located; and (3)(A) in the case of a cooperating individual-- (i) making himself or herself available for such interviews, depositions, or testimony in connection with the civil action as the claimant may reasonably require; and (ii) responding completely and truthfully, without making any attempt either falsely to protect or falsely to implicate any person or entity, and without intentionally withholding any potentially relevant information, to all questions asked by the claimant in interviews, depositions, trials, or any other court proceedings in connection with the civil action; or (B) in the case of an antitrust leniency applicant, using its best efforts to secure and facilitate from cooperating individuals covered by the agreement the cooperation described in paragraphs (1) and (2) and subparagraph (A). (c) Timelines.--If the initial contact by the antitrust leniency applicant with the Antitrust Division regarding conduct covered by the antitrust leniency agreement occurs after a civil action described in subsection (a) has been filed, then the court shall consider, in making the determination concerning satisfactory cooperation described in subsection (b), the timeliness of the applicant's initial cooperation with the claimant. (d) Continuation.--Nothing in this section shall be construed to modify, impair, or supersede the provisions of sections 4, 4A, and 4C of the Clayton Act relating to the recovery of costs of suit, including a reasonable attorney's fee, and interest on damages, to the extent that such recovery is authorized by such sections. SEC. 104. RIGHTS AND AUTHORITY OF ANTITRUST DIVISION NOT AFFECTED. Nothing in this title shall be construed to-- (1) affect the rights of the Antitrust Division to seek a stay or protective order in a civil action based on conduct covered by an antitrust leniency agreement to prevent the cooperation described in section 103(b) from impairing or impeding the investigation or prosecution by the Antitrust Division of conduct covered by the agreement; or (2) create any right to challenge any decision by the Antitrust Division with respect to an antitrust leniency agreement. SEC. 105. INCREASED PENALTIES FOR ANTITRUST VIOLATIONS. (a) Restraint of Trade Among the States.--Section 1 of the Sherman Act (15 U.S.C. 1) is amended by-- (1) striking ``$10,000,000'' and inserting ``$100,000,000''; (2) striking ``$350,000'' and inserting ``$1,000,000''; and (3) striking ``three'' and inserting ``10''. (b) Monopolizing Trade.--Section 2 of the Sherman Act (15 U.S.C. 2) is amended by-- (1) striking ``$10,000,000'' and inserting ``$100,000,000''; (2) striking ``$350,000'' and inserting ``$1,000,000''; and (3) striking ``three'' and inserting ``10''. (c) Other Restraints of Trade.--Section 3 of the Sherman Act (15 U.S.C. 3) is amended by-- (1) striking ``$10,000,000'' and inserting ``$100,000,000''; (2) striking ``$350,000'' and inserting ``$1,000,000''; and (3) striking ``three'' and inserting ``10''. (d) Sentencing Guideline for Antitrust Offenses.--The Guidelines Manual promulgated by the Sentencing Commission pursuant to section 994(a) of title 28, United States Code, is amended as follows: (1) Section 2R1.1(a) is amended by striking ``10'' and inserting ``14''. (2) The volume of commerce table in section 2R1.1(b)(2) is amended to read as follows: ``(2) If the volume of commerce attributable to the defendant was more than $5,000,000, adjust the offense level as follows: ``Volume of Adjustment to Commerce (Apply the Greatest): Offense Level: More than $5,000,000.......................... add 1 More than $10,000,000......................... add 2 More than $20,000,000......................... add 4 More than $40,000,000......................... add 6 More than $80,000,000......................... add 8 More than $160,000,000........................ add 10 More than $320,000,000........................ add 12 More than $640,000,000........................ add 14 More than $1,000,000,000...................... add 16.''. (3) Section 2R1.1(c)(1) is amended by striking ``$20,000'' and inserting ``$50,000''. TITLE II--TUNNEY ACT REFORM SEC. 201. PUBLIC INTEREST DETERMINATION. Section 5 of the Clayton Act (15 U.S.C. 16) is amended-- (1) in subsection (d), by inserting at the end the following: ``Upon application by the United States, the district court may, for good cause (based on a finding that the expense of publication in the Federal Register exceeds the public interest benefits to be gained from such publication), authorize an alternative method of public dissemination of the public comments received and the response to those comments.''; and (2) in subsection (e)-- (A) in the matter before paragraph (1), by-- (i) inserting ``independently'' after ``shall''; (ii) striking ``court may'' and inserting ``court shall''; and (iii) inserting ``(1)'' before ``Before''; and (B) striking paragraphs (1) and (2) and inserting the following: ``(A) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous and any other competitive considerations bearing upon the adequacy of such judgment necessary to a determination of whether the consent judgment is in the public interest; and ``(B) the impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. ``(2) The Court shall not enter any consent judgment proposed by the United States under this section unless it finds that there is reasonable belief, based on substantial evidence and reasoned analysis, to support the United States' conclusion that the consent judgment is in the public interest. In making its determination as to whether entry of the consent judgment is in the public interest, the Court shall not be limited to examining only the factors set forth in this subsection, but may consider any other factor relevant to the competitive impact of the judgment.''.

Summary: Antitrust Criminal Penalty Enhancement and Reform Act of 2003 - Provides that in a civil action alleging a violation of the Sherman Act or of any similar State law based on conduct covered by an antitrust leniency agreement, the amount of damages recovered by a claimant from an applicant and cooperating individuals who satisfy this Act's requirements shall not exceed that portion of the actual damages sustained by the claimant that is attributable to the commerce done by the applicant in the goods or services affected by the violation (thus shielding organizations that cooperate with the Government from liability for treble damages). Provides that an applicant or cooperating individual satisfies this Act's requirements if the court determines that such applicant or individual has provided satisfactory cooperation to the claimant, including: (1) providing a full account of all facts known that are potentially relevant to the civil action; and (2) furnishing all potentially relevant items that are in the applicant's or cooperating individual's possession or control. Amends: (1) the Sherman Act to increase maximum prison sentences (from three years to ten years) and raise the maximum fine for individuals (from $350,000 to $1 million) for restraint of trade among the States, monopolizing trade, and other restraints of trade; and (2) the Antitrust Procedures and Penalties Act (Tunney Act) to require (current law allows) the court to consider specified factors, including the competitive impact of a judgment.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Claims Backlog Reduction Act of 2002''. SEC. 2. FINDINGS. Congress finds the following: (1) There are over 25,000,000 honorably discharged veterans of the Armed Forces of the United States. (2) There are over 500,000 veterans who have claims pending with the Department of Veterans Affairs for veterans' benefits, and approximately 100,000 of such claims are over one year old without resolution. (3) The Nation's veterans are dying at a rate of over 1,000 veterans a day. (4) It is the responsibility of the United States Government to live up to the promises to the Nation's veterans that were made and accepted. (5) The National Association of County Veterans Service Officers is an organization that includes approximately 2,400 full-time employees and whose members are present in 37 States. (6) Members of the National Association of County Veterans Service Officers stand ready to partner with the Department of Veterans Affairs in order to eliminate the backlog of claims for veterans' benefits. SEC. 3. DEFINITIONS. In this Act: (1) The term ``claimant'' means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs. (2) The term ``County Veterans Service Officer'' means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or County veterans' benefit program. (3) The term ``injury or illness claim'' means a claim for benefits that is documented as being service-connected. (4) The term ``presumptive claim'' means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment. (5) The term ``statutory claims'' means those claims for benefits defined in section 5101 of title 38, United States Code. (6) The term ``specific claims'' includes statutory claims, presumptive claims, and injury or illness claims. (7) The term ``ready to be rated'' means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability. (8) The term ``State'' has the meaning given that term in section 101(20) of title 38, United States Code. SEC. 4. REDUCTION OF BACKLOG OF VETERANS' CLAIMS. (a) Referral of Claims to County Veterans Service Officers.-- (1) The Secretary of Veterans Affairs shall identify the backlog of veterans' claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require development. The Secretary shall refer those claims requiring development to a County Veterans Service Office for development. (2) The Secretary shall choose a County Veterans Service Office for development of a claim based upon the office's geographical proximity to the claimant. (3) A claim referred to a County Veterans Service Office for development shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to rate. (b) Filing of Claims With County Veterans Service Officers.--Claims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers. Receipt of such a claim by a County Veterans Service Officer under this Act shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs. SEC. 5. DEVELOPMENT OF CLAIMS. (a) Development of Claims by County Veterans Service Officer.--When a County Veterans Service Officer receives a claim referred under section 4(a) or receives a claim under section 4(b), that officer shall make personal contact with the claimant, explain the situation, and develop the claim. (b) Authority to Fully Develop Claim.--A County Veterans Service Officer to whom a claim is referred under section 4(a) or receives a claim under section 4(b) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated. (c) Procedure.--Once the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under section 3(a)(3) and a statement from the County Veterans Service Officer indicating that the claim is ready to rate. (d) Fully Developed Claims.--For purposes of this section, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that that officer determines are necessary to substantiate the claim and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim. SEC. 6. INFORMATION SHARING. Veterans' information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Offices in order to provide County Veterans Service Offices with online access to client information contained in the Department of Veterans Affairs database. Such information shall be used by such offices to develop veterans' claims under this Act and for no other purpose. SEC. 7. ALLOCATION OF FUNDS. (a) In General.--Funding for purposes of this Act shall be allocated by grant to the States based on the population of veterans in the respective States. Funds allocated to a State under this Act shall be directed to County Veterans Service Offices within the State through the State Department of Veterans Affairs (or the equivalent). (b) State Overhead.--A State Department of Veterans Affairs may retain from any such grant for any fiscal year an amount equal to the expenses incurred by that State for administrative overhead in administering grants for that year, except that the amount so retained in any fiscal year may not exceed 3 percent of the amount of the grant to that State for that fiscal year. (c) Funds for Education and Training.--A portion of the funding received by a State under this Act for any fiscal year, as determined by the Secretary of Veterans Affairs in agreement with County Veterans Service Offices, shall be used for County Veterans Service Officers to attend educational programs sponsored by or equivalent to the National Association of County Veterans Service Officers annual continuing education and accreditation training. (d) Limitation on Federal Funding.--Federal funds under this Act may not be used to provide more than 50 percent of the total costs for County Veterans Service Offices and shall be used to expand existing programs, not to supplant existing local government funding. (e) Establishment of New Cvso Programs.--(1) In the case of a State that as of the date of the enactment of this Act does not have a County Veterans Service Officer program, Federal funding under this Act may be used by units of local government to establish such a program to assist veterans and their dependents in filing applications for veterans benefits and for the purposes specified in this Act. (2) In a State covered by paragraph (1), if a unit of local government chooses not to establish a County Veterans Service Officers program as described in that paragraph, the State department of veterans affairs (or the equivalent) may elect to perform the services as specified in this Act for that State. (3) In a State covered by paragraph (1), if both units of local government and the State government elect not to use some or all of the funds, the unused amount shall revert back to the Secretary of Veterans Affairs and shall be reallocated to those State department of veterans affairs (or the equivalent) in which County Veterans Service Officers programs exist to further expand services to veterans in those States in support of the veterans claims backlog reduction services under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this Act $70,000,000 for each of fiscal years 2003, 2004, and 2005.

Summary: Department of Veterans Affairs Claims Backlog Reduction Act of 2002 - Directs the Secretary of Veterans Affairs to: (1) identify the current backlog of veterans' claims for benefits through the Department of Veterans Affairs and to categorize those claims; and (2) identify claims that need further development and refer them to a geographically appropriate County Veterans Service Office. Allows veterans' claims to be submitted to County Veterans Service Officers (in lieu of the Department) and authorizes the Officers to fully develop such claims. Requires appropriate information sharing between the Department's Benefits Delivery Network and the Offices.Requires funding provided by this Act to be allocated to States based on their respective populations of veterans and allocates such funds to the appropriate Office. Prohibits Federal funding from exceeding 50 percent of the costs of Office operations. Allows funding to be used to establish Officer programs in States that do not have one.


TITLE I--NICODEMUS NATIONAL HISTORIC SITE SEC. 101. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the town of Nicodemus, in Kansas, has national significance as the only remaining western town established by African-Americans during the Reconstruction period following the Civil War; (2) the town of Nicodemus is symbolic of the pioneer spirit of African-Americans who dared to leave the only region they had been familiar with to seek personal freedom and the opportunity to develop their talents and capabilities; and (3) the town of Nicodemus continues to be a viable African- American community. (b) Purposes.--The purposes of this title are-- (1) to preserve, protect, and interpret for the benefit and enjoyment of present and future generations, the remaining structures and locations that represent the history (including the settlement and growth) of the town of Nicodemus, Kansas; and (2) to interpret the historical role of the town of Nicodemus in the Reconstruction period in the context of the experience of westward expansion in the United States. SEC. 102. DEFINITIONS. In this title: (1) Historic site.--The term ``historic site'' means the Nicodemus National Historic Site established by section 103. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. ESTABLISHMENT OF NICODEMUS NATIONAL HISTORIC SITE. (a) Establishment.--There is established the Nicodemus National Historic Site in Nicodemus, Kansas. (b) Description.-- (1) In general.--The historic site shall consist of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, and the Township Hall located within the approximately 161.35 acres designated as the Nicodemus National Landmark in the Township of Nicodemus, Graham County, Kansas, as registered on the National Register of Historic Places pursuant to section 101 of the National Historic Preservation Act (16 U.S.C. 470a), and depicted on a map entitled ``Nicodemus National Historic Site'', numbered 80,000 and dated August 1994. (2) Map and boundary description.--The map referred to in paragraph (1) and an accompanying boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service and any other office of the National Park Service that the Secretary determines to be an appropriate location for filing the map and boundary description. SEC. 104. ADMINISTRATION OF THE HISTORIC SITE. (a) In General.--The Secretary shall administer the historic site in accordance with-- (1) this title; and (2) the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 et seq.). (b) Cooperative Agreements.--To further the purposes specified in section 101(b), the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (c) Technical and Preservation Assistance.-- (1) In general.--The Secretary may provide to any eligible person described in paragraph (2) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site. (2) Eligible persons.--The eligible persons described in this paragraph are-- (A) an owner of real property within the boundary of the historic site, as described in section 103(b); and (B) any interested individual, agency, organization, or institution that has entered into an agreement with the Secretary pursuant to subsection (b). SEC. 105. ACQUISITION OF REAL PROPERTY. (a) In General.--Subject to subsection (b), the Secretary is authorized to acquire by donation, exchange, or purchase with funds made available by donation or appropriation, such lands or interests in lands as may be necessary to allow for the interpretation, preservation, or restoration of the First Baptist Church, the St. Francis Hotel, the Nicodemus School District Number 1, the African Methodist Episcopal Church, or the Township Hall, as described in section 103(b)(1), or any combination thereof. (b) Limitations.-- (1) Acquisition of property owned by the state of kansas.-- Real property that is owned by the State of Kansas or a political subdivision of the State of Kansas that is acquired pursuant to subsection (a) may only be acquired by donation. (2) Consent of owner required.--No real property may be acquired under this section without the consent of the owner of the real property. SEC. 106. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in subsection (b), prepare a general management plan for the historic site. (b) Consultation.--In preparing the general management plan, the Secretary shall consult with an appropriate official of each of the following: (1) The Nicodemus Historical Society. (2) The Kansas Historical Society. (3) Appropriate political subdivisions of the State of Kansas that have jurisdiction over all or a portion of the historic site. (c) Submission of Plan to Congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to-- (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Resources of the House of Representatives. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of the Interior such sums as are necessary to carry out this title. TITLE II--NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT SEC. 201. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the New Bedford National Historic Landmark District and associated historic sites as described in section 203(b) of this title, including the Schooner Ernestina, are National Historic Landmarks and are listed on the National Register of Historic Places as historic sites associated with the history of whaling in the United States; (2) the city of New Bedford was the 19th century capital of the world's whaling industry and retains significant architectural features, archival materials, and museum collections illustrative of this period; (3) New Bedford's historic resources provide unique opportunities for illustrating and interpreting the whaling industry's contribution to the economic, social, and environmental history of the United States and provide opportunities for public use and enjoyment; and (4) the National Park System presently contains no sites commemorating whaling and its contribution to American history. (b) Purposes.--The purposes of this title are-- (1) to help preserve, protect, and interpret the resources within the areas described in section 203(b) of this title, including architecture, setting, and associated archival and museum collections; (2) to collaborate with the city of New Bedford and with local historical, cultural, and preservation organizations to further the purposes of the park established under this title; and (3) to provide opportunities for the inspirational benefit and education of the American people. SEC. 202. DEFINITIONS. For the purposes of this title: (1) The term ``park'' means the New Bedford Whaling National Historical Park established by section 203. (2) The term ``Secretary'' means the Secretary of the Interior. SEC. 203. NEW BEDFORD WHALING NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain districts structures, and relics located in New Bedford, Massachusetts, and associated with the history of whaling and related social and economic themes in America, there is established the New Bedford Whaling National Historical Park. (b) Boundaries.--(1) The boundaries of the park shall be those generally depicted on the map numbered NAR-P49-80000-4 and dated June 1994. Such map shall be on file and available for public inspection in the appropriate offices of the National Park Service. In case of any conflict between the descriptions set forth in subparagraphs (A) through (D) and such map, such map shall govern. The park shall include the following: (A) The area included within the New Bedford National Historic Landmark District, known as the Bedford Landing Waterfront Historic District, as listed within the National Register of Historic Places and in the Massachusetts State Register of Historic Places. (B) The National Historic Landmark Schooner Ernestina, with its home port in New Bedford. (C) The land along the eastern boundary of the New Bedford National Historic Landmark District over to the east side of MacArthur Drive from the Route 6 overpass on the north to an extension of School Street on the south. (D) The land north of Elm Street in New Bedford, bounded by Acushnet Avenue on the west, Route 6 (ramps) on the north, MacArthur Drive on the east, and Elm Street on the south. (2) In addition to the sites, areas and relics referred to in paragraph (1) , the Secretary may assist in the interpretation and preservation of each of the following: (A) The southwest corner of the State Pier. (B) Waterfront Park, immediately south of land adjacent to the State Pier. (C) The Rotch-Jones-Duff House and Garden Museum, located at 396 County Street. (D) The Wharfinger Building, located on Piers 3 and 4. (E) The Bourne Counting House, located on Merrill's Wharf. SEC. 204. ADMINISTRATION OF PARK. (a) In General.--The park shall be administered by the Secretary in accordance with this title and the provisions of law generally applicable to units of the national park system, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461- 467). (b) Cooperative Agreements.--(1) The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the park. (2) Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this title, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (c) Non-Federal Matching Requirements.--(1) Funds authorized to be appropriated to the Secretary for the purposes of-- (A) cooperative agreements under subsection (b) shall be expended in the ratio of one dollar of Federal funds for each four dollars of funds contributed by non-Federal sources; and (B) construction, restoration, and rehabilitation of visitor and interpretive facilities (other than annual operation and maintenance costs) shall be expended in the ratio of one dollar of Federal funds for each one dollar of funds contributed by non-Federal sources. (2) For the purposes of this subsection, the Secretary is authorized to accept from non-Federal sources, and to utilize for purposes of this title, any money so contributed. With the approval of the Secretary, any donation of property, services, or goods from a non- Federal source may be considered as a contribution of funds from a non- Federal source for the purposes of this subsection. (d) Acquisition of Real Property.--For the purposes of the park, the Secretary may acquire only by donation lands, interests in lands, and improvements thereon within the park. (e) Other Property, Funds, and Services.--The Secretary may accept donated funds, property, and services to carry out this title. SEC. 205. GENERAL MANAGEMENT PLAN. Not later than the end of the second fiscal year beginning after the date of enactment of this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park and shall implement such plan as soon as practically possible. The plan shall be prepared in accordance with section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)) and other applicable law. SEC. 206. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Except as provided in subsection (b), there are authorized to be appropriated such sums as may be necessary to carry out annual operations and maintenance with respect to the park. (b) Exceptions.--In carrying out this title-- (1) not more than $2,000,000 may be appropriated for construction, restoration, and rehabilitation of visitor and interpretive facilities, and directional and visitor orientation signage; (2) none of the funds authorized to be appropriated by this title may be used for the operation or maintenance of the Schooner Ernestina; and (3) not more than $50,000 annually of Federal funds may be used for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under section 204(b). Passed the Senate May 2, 1996. Attest: KELLY D. JOHNSTON, Secretary.

Summary: TABLE OF CONTENTS: Title I: Nicodemus National Historic Site Title II: New Bedford National Historic Landmark District Title I: Nicodemus National Historic Site - Establishes the Nicodemus National Historic Site in Nicodemus, Kansas. Authorizes the Secretary of the Interior to: (1) provide technical assistance for the preservation of historic structures, the maintenance of the cultural landscape, and local preservation planning; and (2) acquire certain real property in connection with the Site. Directs the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Authorizes appropriations. Title II: New Bedford National Historic Landmark District - Establishes the New Bedford Whaling National Historical Park in New Bedford, Massachusetts, to be administered as a unit of the national park system. Requires expenditures to consist of: (1) one dollar of Federal funds for each four dollars of non-Federal funds for cooperative agreements entered into under this Act for preservation, development, interpretation, and use of the Park; and (2) non-Federal funds matching Federal funds for visitor and interpretive facilities (other than operation and maintenance costs). Requires the Secretary of the Interior to submit to specified congressional committees and to implement a general management plan for the Park. Authorizes appropriations. Limits the amount that may be appropriated for visitor and interpretive facilities and directional and visitor orientation signage. Prohibits the use of appropriations authorized under this Act for operation or maintenance of the Schooner Ernestina and limits the amount of Federal funds that may be used annually for interpretive and educational programs for the Schooner Ernestina pursuant to cooperative grants under this Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Crossroads of the American Revolution National Heritage Area Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) New Jersey was of critical importance during the American Revolution due to its strategic location between the British armies headquartered in New York City and the Continental Congress sitting in the City of Philadelphia. (2) General George Washington spent almost half of the period of the American Revolution personally commanding troops of the Continental Army in New Jersey including 2 severe winter encampments at what is now Morristown National Historical Park, a unit of the National Park System. (3) It was during the 10 crucial days of the American Revolution between December 25, 1776, and January 3, 1777, when General Washington, after retreating across New Jersey from New York City to Pennsylvania in the face of total defeat for the Nation``s cause, recrossed the Delaware River on Christmas night, 1776, and won crucial battles at Trenton and Princeton. Thomas Paine, who accompanied the troops during the retreat, described the events as, `the times that try men's souls''. (4) There are situated in the State of New Jersey the sites of 296 engagements including several important battles of the American Revolution, which collectively are of significant importance to the outcome of the overall conflict and the history of the United States. Among these are National Historic Landmarks including Washington's Crossing, the Old Trenton Barracks, and Princeton, Monmouth and Red Bank Battlefields. (5) Additional national Historic Landmarks include the homes of Richard Stockton, Joseph Hewes, John Witherspoon, and Francis Hopkinson, all signers of the Declaration of Independence, Elias Boudinout, President of the Continental Congress and William Livingston, patriot and Governor of New Jersey from 1776 to 1790. (6) Portions of the landscapes important to the strategies of both armies including waterways, mountains, farms, wetlands, villages and roadways retain integrity of the period of the American Revolution and offer outstanding opportunities for conservation, education, and recreation. (7) The National Register of Historic Places lists 251 buildings and sites in the National Park Service study area for Crossroads of the American Revolution associated with the period of the American Revolution. (8) Civilian populations residing in New Jersey suffered extreme hardships during the American Revolution due to the continuous conflict within its borders, foraging armies, and marauding contingents of loyalist Tories and rebel sympathizers. (9) Because of the important role that New Jersey played in the successful outcome of the American Revolution there is a Federal interest for the development of a regional framework to assist the State of New Jersey, other local organizations and governments, and private citizens to preserve and protect natural, cultural, and historic resources of the period and to bring recognition to this important heritage for the educational and recreational benefit of this and future generations of Americans. (10) The National Park Service has conducted a National Heritage Feasibility Study in the State of New Jersey that demonstrates the sufficient assemblage of nationally distinctive natural, cultural, and historic resources necessary to establish the Crossroads of the American Revolution National Heritage Area. (b) Purposes.--The purposes of this Act are as follows: (1) To build the capacity of communities, organizations, and citizens in New Jersey to preserve the special historic identity of the region and its importance to the Nation. (2) To foster a close working relationship with all levels of government, the private sector, and the local communities in New Jersey. (3) To provide for the management, preservation, protection, and interpretation of the natural, historic, and cultural resources of the region for the educational and inspirational benefit of future generations. (4) To strengthen the value of Morristown National Historical Park as an asset to the region by establishing a network of related historic resources, protected landscapes, educational opportunities, and events depicting the revolutionary landscape of New Jersey. (5) To strengthen partnerships among Morristown National Historical Park and other public and privately owned resources in the heritage area, that together represent the strategic fulcrum of the American Revolution, as assets in the quality of life in the region. (6) To authorize Federal financial and technical assistance to serve these purposes. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Association.--The term ``Association'' means the Crossroads of the American Revolution Association, Inc., a nonprofit corporation in the State of New Jersey. (2) Boundaries.--The term ``boundaries'' means the boundaries of the heritage area specified in section 4. (3) Heritage area.--The term ``heritage area'' means the Crossroads of the American Revolution National Heritage Area as established in section 4. (4) Management plan.--The term ``management plan'' means the management plan submitted under section 5. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CROSSROADS OF THE AMERICAN REVOLUTION NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State of New Jersey the Crossroads of the American Revolution National Heritage Area. (b) Boundaries.--The boundaries of the heritage area shall include all those lands and waters depicted on a map entitled ``Crossroads of the American Revolution National Heritage Area'', numbered CRREL80,000 and dated April 2002. The map shall be on file in the appropriate offices of the National Park Service. (c) Management Entity.--The management entity for the heritage area shall be the Association. SEC. 5. AUTHORITIES, PROHIBITIONS, AND DUTIES OF THE ASSOCIATION. (a) Duties of the Association.--To further the purposes of the heritage area, the Association shall-- (1) prepare and submit a management plan for the heritage area to the Secretary in accordance with section 6; (2) assist units of local government, regional planning organizations, and nonprofit organizations in implementing the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values within the heritage area; (B) establishing and maintaining interpretive exhibits and programs within the heritage area; (C) developing recreational and educational opportunities in the heritage area; (D) increasing public awareness of and appreciation for natural, historic, and cultural resources of the heritage area; (E) protecting and restoring historic sites and buildings in the heritage area that are consistent with heritage area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the heritage area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the purposes of the heritage area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the heritage area in the preparation and implementation of the management plan; (4) conduct Association meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) submit an annual report to the Secretary for any fiscal year in which the Association receives Federal funds under this Act, setting forth its accomplishments, expenses, and income, including grants to any other entities during the year for which the report is made; (6) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds, and require in all agreements authorizing expenditures of Federal funds by other organizations, that the receiving organizations make available for such audit all records and other information pertaining to the expenditure of such funds; (7) encourage by appropriate means economic viability that is consistent with the purposes of the heritage area; and (8) maintain its headquarters at Morristown National Historical Park and in Mercer County. (b) Authorities.--The Association may, for the purposes of preparing and implementing the management plan for the heritage area, use Federal funds made available through this Act to__ (1) make grants to the State of New Jersey, its political subdivisions, nonprofit organizations and other persons; (2) enter into cooperative agreements with or provide technical assistance to the State of New Jersey, its political jurisdictions, nonprofit organizations, and other interested parties; (3) hire and compensate staff which shall include individuals with expertise in natural, cultural, historic resources protection, and heritage programming; (4) obtain money or services from any source, including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the purposes of the heritage area and is consistent with the approved management plan. (c) Prohibitions on the Acquisition of Real Property.--The Association may not use Federal funds received under this Act to acquire real property, but may use any other source of funding, including other Federal funding, intended for the acquisition of real property. SEC. 6. MANAGEMENT PLAN. (a) In General.--The management plan for the heritage area shall-- (1) include comprehensive polices, strategies and recommendations for conservation, funding, management, and development of the heritage area; (2) take into consideration existing State, county, and local plans in the development of the management plan and its implementation; (3) include a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historic, and cultural resources of the heritage area; (4) specify the existing and potential sources of funding to protect, manage, and develop the heritage area in the first 5 years of implementation; (5) include an inventory of the natural, historical, cultural, educational, scenic and recreational resources of the heritage area related to the themes of the heritage area that should be preserved, restored, managed, developed, or maintained; (6) recommend policies and strategies for resource management which consider and detail the application of appropriate land and water management techniques including, but not limited to, the development of intergovernmental and interagency cooperative agreements to protect the heritage area's natural, historical, cultural, educational, scenic and recreational resources; (7) describe a program of implementation for the management plan including plans for resource protection, restoration, construction, and specific commitments for implementation that have been made by the Association or any government, organization, or individual for the first 5 years of implementation; (8) include an analysis and recommendations for ways in which local, State, and Federal programs, including the role of the National Park Service in the heritage area, may best be coordinated to further the purposes of this Act; and (9) include an interpretive plan for the heritage area. (b) Deadline and Termination of Funding.-- (1) Deadline.--The Association shall submit the management plan to the Secretary for approval within 3 years after funds are made available for this Act. (2) Termination of funding.--Upon completion of the 3-year period in this subsection, further funding pursuant to this Act shall only be made available to the Association for the implementation of the management plan upon approval by the Secretary as provided in Section 7 of this Act. SEC. 7. DUTIES AND AUTHORITIES OF THE SECRETARY. (a) Technical and Financial Assistance.-- (1) In general.--The Secretary may, upon the request of the Association provide technical assistance on a reimbursable or nonreimbursable basis and financial assistance to the heritage area to develop and implement the approved management plan. The Secretary is authorized to enter into cooperative agreements with the Association and other public or private entities for this purpose. In assisting the heritage area, the Secretary shall give priority to actions that in general assist in-- (A) conserving the significant natural, historic, cultural, and scenic resources of the heritage area; and (B) providing educational, interpretive, and recreational opportunities consistent with the purposes of the heritage area. (2) Other assistance.--Upon request, the Superintendent of Morristown National Historical Park may provide to public and private organizations within the heritage area, including the Association, such operational assistance as appropriate to support the implementation of the management plan for the heritage area, subject to the availability of appropriated funds. The Secretary is authorized to enter into cooperative agreements with public and private organizations for the purpose of implementing this subsection. (3) Preservation of historic properties.--The Secretary may provide assistance to State or local government or nonprofit organizations for appropriate treatment of historic objects or structures listed or eligible for listing on the National Register of Historic Places to further the purposes of this Act. (b) Approval and Disapproval of Management Plan.-- (1) In general.--The Secretary shall approve or disapprove the management plan not later than 90 days after receiving the management plan. (2) Criteria for approval.--In determining to approve the management plan, the Secretary shall consider whether-- (A) the Board of Directors of the Association is representative of the diverse interests of the heritage area including governments, natural and historic resource protection organizations, education, business, and recreation; (B) the Association has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the heritage area; and (D) the Secretary has received adequate assurances from the appropriate State and local officials whose support is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Action following disapproval.--If the Secretary disapproves the management plan, the Secretary shall advise the Association in writing of the reasons therefore and shall make recommendations for revisions to the management plan. The Secretary shall approve or disapprove a proposed revision within 60 days after the date it is submitted. (4) Approval of amendments.--Substantial amendments to the management plan shall be reviewed by the Secretary and approved in the same manner as provided for the original management plan. The Association shall not use Federal funds authorized by this Act to implement any amendments until the Secretary has approved the amendments. SEC. 8. DUTIES OF OTHER FEDERAL AGENCIES. Any Federal agency conducting or supporting activities directly affecting the heritage area shall-- (1) consult with the Secretary and the Association with respect to such activities; (2) cooperate with the Secretary and the Association in carrying out their duties under this Act and, to the maximum extent practicable, coordinate such activities with the carrying out of such duties; and, (3) to the maximum extent practicable, conduct or support such activities in a manner which the association determines will not have an adverse effect on the heritage area. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the purposes of this Act not more than $1,000,000 for any fiscal year. Not more than a total of $10,000,000 may be appropriated for the Association under this Act. (b) Matching Funds.--Federal funding provided under this Act may not exceed 50 percent of the total cost of any assistance or grant provided or authorized under this Act. SEC. 10. SUNSET. The authority of the Secretary to provide assistance under this Act shall terminate on the day occurring 15 years after the date of the enactment of the Act.

Summary: Crossroads of the American Revolution National Heritage Area Act of 2003 - Establishes the Crossroads of the American Revolution National Heritage Area in New Jersey.Designates the Crossroads of the American Revolution Association, Inc. as the Area's management entity. Directs the Association to submit, and to assist local governments, regional planning organizations, and nonprofit entities in implementing, an area management plan which includes strategies for conservation, funding, management, and development of the Area.Bars the Association from using Federal funds received under this Act to acquire real property, but permits the Association to use any other source of funding, including other Federal funding, intended for the acquisition of real property. Limits Federal funding to 50 percent of any assistance provided.Authorizes the Secretary of the Interior to provide assistance to: (1) the Area to develop and implement the management plan; and (2) State or local government or nonprofit organizations for treatment of historical objects or structures eligible for listing on the National Register of Historic Places. Authorizes the Superintendent of Morristown National Historical Park to provide operational assistance supporting implementation of the management plan to public and private organizations within the Area, including the Association.


SECTION 1. SHORT TITLE. This Act may be cited as the ``International Clean Development Technology Fund Act of 2008''. SEC. 2. PURPOSE. The purpose of this Act is to promote and to leverage private financing for the development and international deployment of technologies that will contribute to sustainable economic growth and the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. SEC. 3. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the International Clean Development Technology Fund (in this Act referred to as the ``Fund''). (b) Deposits to Fund.--The Fund shall consist of-- (1) amounts appropriated pursuant to the authorization of appropriations under section 8; and (2) any amounts as are or may be appropriated, transferred, or credited to such Fund under any other provisions of law. (c) Expenditures From Fund.--Amounts in the Fund shall be available to the International Clean Development Technology Deployment Board established under section 4 for the purposes described under section 5, and shall remain available until expended. SEC. 4. INTERNATIONAL CLEAN DEVELOPMENT TECHNOLOGY BOARD. (a) Establishment.--Not later than 90 days after the date of the enactment of this Act, the President shall establish an International Clean Development Technology Board (in this Act referred to as the ``Board''). (b) Composition.--The Board shall be composed of-- (1) the Secretary of State, who shall act as the chair of the Board; (2) the Secretary of the Treasury; (3) the Secretary of Energy; (4) the Secretary of Commerce; (5) the Administrator of the Environmental Protection Agency; (6) the Administrator of the United States Agency for International Development; (7) the United States Trade Representative; and (8) other officials as determined appropriate by the President. (c) Administration of International Clean Development Technology Fund.--The Board shall administer the International Clean Development Technology Fund ensuring that-- (1) funds are deployed in a manner that best promotes the participation of, and investments by, the private sector; (2) funds are allocated in a manner consistent with commitments by the United States under international climate change agreements; (3) funds achieve the greatest greenhouse gas emissions mitigations with the lowest possible cost, consistent with paragraphs (1) and (2); and (4) assistance is targeted at reducing or eliminating the increased costs associated with deploying clean technologies in place of traditional technologies. SEC. 5. AUTHORIZATION OF ASSISTANCE. (a) Assistance.--The Board, acting through the Secretary of State, may use the Fund to provide assistance under this section to qualified entities to support the purposes of this Act. (b) Form of Assistance.-- (1) In general.--Assistance under this section shall be provided-- (A) as direct assistance in the form of grants, concessional loans, cooperative agreements, contracts, insurance, or loan guarantees to or with qualified entities; (B) as indirect assistance to such entities through-- (i) funding for international clean technology funds supported by multilateral institutions; (ii) support from development and export promotion assistance programs of the United States Government; or (iii) support from international technology programs of the Department of Energy; or (C) in such other forms as the Board may determine appropriate. (2) Oversight by secretary of the treasury of assistance for multilateral trust funds.--In the case of assistance provided under paragraph (1)(B)(i) for a clean technology fund or similar fund that is a multilateral trust fund based at the World Bank, the Secretary of the Treasury shall use the voice, vote, and influence of the United States to promote-- (A) the use of the assistance in accordance with the purposes of this Act; and (B) a requirement that no single country be eligible to receive more than 15 percent of the funds awarded by such a fund in any three year period. (c) Use of Funds.--Assistance provided under this Act may be used for one or more of the following purposes: (1) Funding for capacity building programs, including-- (A) developing and implementing methodologies and programs for measuring and quantifying greenhouse gas emissions and verifying emissions mitigations; (B) assessing technology and policy options for greenhouse gas emissions mitigations; and (C) providing other forms of technical assistance to facilitate the qualification for, and receipt of, program funding under this Act. (2) Funding for technology programs to mitigate greenhouse gas emissions in eligible countries. (d) Qualified Entities.--A qualified entity referred to in this section is-- (1) the national government of an eligible country; (2) a regional or local governmental unit of an eligible country; or (3) a nongovernmental organization or a private entity located or operating in an eligible country. (e) Selection of Projects.-- (1) In general.--The Board shall be responsible for selecting qualified entities to receive assistance under this section. (2) Notice and wait requirement.--Assistance may not be provided under this section until 30 days after the Board notifies the appropriate congressional committees of the proposed assistance, including-- (A) in the case of a capacity building program-- (i) a description of the capacity building program to be funded through such assistance; (ii) the terms and conditions of such assistance; and (iii) a description of how the capacity building program will contribute to the purposes of this Act; or (B) in the case of a technology program-- (i) a description of the technology program to be funded through such assistance; (ii) the terms and conditions of such assistance; (iii) an estimate of the additional amount of greenhouse gas emissions mitigations expected due to the use of such assistance; and (iv) a description of how the technology program will contribute to the purposes of this Act. (f) Participation by Governmental Entities.--In providing assistance under this Act to a national government or to a regional or local governmental unit, the Board should require as a condition of the assistance that such governmental entity make appropriate financial contributions to the budget of the project being funded, and that the project be part of an overall national, regional, or local strategy for the deployment of clean technology. SEC. 6. ELIGIBLE COUNTRIES. (a) Determination by the President.--The Board shall determine whether a country is eligible for technology program assistance under this Act based on the criteria in subsection (b). (b) Criteria.--A country shall be considered to be eligible for purposes of this Act if-- (1) the country is eligible to receive official development assistance according to the guidelines of the Development Assistance Committee of the Organization for Economic Co- operation and Development; and (2)(A) the country has made a binding commitment, pursuant to an international agreement to which the United States is a party, to undertake actions to produce measurable, reportable, and verifiable greenhouse gas emissions mitigations; or (B) the Board determines and certifies to the appropriate congressional committees that the country has in force binding national policies and measures capable of producing measurable, reportable, and verifiable greenhouse gas emissions mitigations. (c) Report.--Not later than 270 days after the date of the enactment of this Act, the Board shall submit to the appropriate congressional committees a report outlining the criteria to be used to determine whether a country is eligible for assistance under this Act pursuant to subsection (b)(2)(B). SEC. 7. ANNUAL REPORT. (a) In General.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Board shall submit to the appropriate congressional committees a report on assistance provided under this Act. (b) Content.--Each report submitted under subsection (a) shall include a description of assistance provided during the reporting period, including-- (1) the aggregate amount of assistance provided for capacity building initiatives and technology deployment initiatives; and (2) a description of each initiative funded through such assistance, including the amount of assistance provided, the terms and conditions of such assistance, and the anticipated reductions in greenhouse gas emissions to be achieved as a result of technology deployment initiatives. (c) Performance Evaluations of Supported Multilateral Trust Funds.--The reports submitted under subsection (a) shall provide for the independent evaluation, not less frequently than once every three years, of the performance of each international clean technology fund provided assistance pursuant to section 5(b)(1)(B)(i). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated a total of $2,000,000,000 for fiscal years 2009 through 2011 to carry out this Act. SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Finance, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Ways and Means, the Committee on Energy and Commerce, the Committee on Natural Resources, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives. SEC. 10. CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF STATE. Nothing in this Act shall be construed to alter or affect authorities of the Secretary of State under-- (1) title V of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426; 22 U.S.C. 2656a et seq.); or (2) section 622(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2382(c)).

Summary: International Clean Development Technology Fund Act of 2008 - Establishes in the Treasury the International Clean Development Technology Fund to provide assistance to qualified entities for: (1) capacity building programs such as greenhouse gas emissions measuring and related technology and policy assessments; and (2) greenhouse gas emissions mitigation in eligible countries.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Asia-South Pacific Trade Preferences Act''. SEC. 2. FINDINGS. Congress finds the following: (1) It is in the mutual interest of the United States and least-developed countries to promote stable and sustainable economic growth and development. (2) Trade and investment are powerful economic tools and can be used to reduce poverty and raise the standard of living in a country. (3) A country that is open to trade may increase its economic growth. (4) Trade and investment often lead to employment opportunities and often help alleviate poverty. (5) Least-developed countries have a particular challenge in meeting the economic requirements of and competitiveness necessary for globalization and international markets. (6) The United States has recognized the benefits that international trade provides to least-developed countries by enacting the Generalized System of Preferences and trade benefits for developing countries in the Caribbean, Andean, and sub-Saharan African regions of the world. (7) Enhanced trade with least-developed Muslim countries, including Yemen, Afghanistan, and Bangladesh, is consistent with other United States objectives of encouraging a strong private sector and individual economic empowerment in those countries. (8) Offering least-developed countries enhanced trade preferences will encourage both higher levels of trade and direct investment in support of positive economic and political developments throughout the world. (9) Encouraging the reciprocal reduction of trade and investment barriers will enhance the benefits of trade and investment as well as enhance commercial and political ties between the United States and the countries designated for benefits under this Act. (10) Economic opportunity and engagement in the global trading system together with support for democratic institutions and a respect for human rights are mutually reinforcing objectives and key elements of a policy to confront and defeat global terrorism. SEC. 3. DEFINITIONS. In this Act: (1) Asia or south pacific country.--The term ``Asia or South Pacific country'' means a country listed in section 4(b). (2) Beneficiary asia or south pacific country.--The term ``beneficiary Asia or South Pacific country'' means an Asia or South Pacific country that the President has determined is eligible for preferential treatment under this Act. (3) Former beneficiary asia or south pacific country.--The term ``former beneficiary Asia or South Pacific country'' means a country that, after being designated as a beneficiary Asia or South Pacific country under this Act, ceased to be designated as such a country by reason of its entering into a free trade agreement with the United States. SEC. 4. AUTHORITY TO DESIGNATE; ELIGIBILITY REQUIREMENTS. (a) Authority To Designate.-- (1) In general.--Notwithstanding any other provision of law, the President is authorized to designate an Asia or South Pacific country as a beneficiary Asia or South Pacific country eligible for preferential treatment under this Act-- (A) if the President determines that the country meets the requirements set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703); and (B) subject to the authority granted to the President under subsections (a), (d), and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462), if the country otherwise meets the eligibility criteria set forth in such section 502. (2) Application of section 104.--Section 104 of the African Growth and Opportunity Act shall be applied for purposes of paragraph (1) by substituting ``Asia or South Pacific country'' for ``sub-Saharan African country'' each place it appears. (b) Countries Eligible for Designation.--For purposes of this Act, the term ``Asia or South Pacific country'' refers to the following or their successor political entities: (1) Afghanistan. (2) Bangladesh. (3) Bhutan. (4) Cambodia. (5) Kiribati. (6) Lao People's Democratic Republic. (7) Maldives. (8) Nepal. (9) Samoa. (10) Solomon Islands. (11) Timor-Leste (East Timor). (12) Tuvalu. (13) Vanuatu. SEC. 5. ELIGIBLE ARTICLES. (a) In General.--Unless otherwise excluded from eligibility (or otherwise provided for in this Act), preferential treatment shall apply in accordance with subsections (b), (c), and (d). (b) Certain Articles.-- (1) In general.--The President may provide duty-free treatment to any article described in subparagraphs (B) through (G) of section 503(b)(1) of the Trade Act of 1974 (19 U.S.C. 2463(b)(1)) if-- (A) the article is the growth, product, or manufacture of a beneficiary Asia or South Pacific country; and (B) the President determines, after receiving the advice of the International Trade Commission in accordance with section 503(e) of the Trade Act of 1974 (19 U.S.C. 2463(e)), that the article is not import- sensitive in the context of imports from beneficiary Asia or South Pacific countries. (2) Rules of origin.--The duty-free treatment provided under paragraph (1) shall apply to any article described in that paragraph that meets the requirements of section 503(a)(2) of the Trade Act of 1974 (19 U.S.C. 2463(a)(2)), except that for purposes of determining if the article meets the 35-percent requirement under subparagraph (A)(ii) of such section-- (A) if the cost or value of materials produced in the customs territory of the United States is included with respect to that article, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributed to such United States cost or value may be applied toward meeting the 35-percent requirement; and (B) the cost or value of the materials included with respect to that article that are produced in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries shall be applied toward meeting the 35-percent requirement. (c) Textile and Apparel Articles.-- (1) In general.--The preferential treatment described in subsection (a) of section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721(a)) shall apply with respect to textile and apparel articles described in paragraphs (1), (2), (4), (5), (7), and (8) of subsection (b) of such section and paragraphs (2) and (3) of this subsection that are imported directly into the customs territory of the United States from a beneficiary Asia or South Pacific country except that such section 112 shall be applied and administered with respect to such articles-- (A) in subsection (a), by substituting ``a beneficiary Asia or South Pacific country (as defined in section 3 of the Asia-South Pacific Trade Preferences Act)'' for ``a beneficiary sub-Saharan African country described in section 506A(c) of the Trade Act of 1974''; and (B) in paragraphs (1), (2), (4), (5), (7), and (8) of subsection (b), by substituting ``beneficiary Asia or South Pacific country'' and ``beneficiary Asia or South Pacific countries'' for ``beneficiary sub-Saharan African country'' and ``beneficiary sub-Saharan African countries'', respectively, each place such terms appear. (2) Textile and apparel articles assembled from regional and other fabric.-- (A) In general.--Textile and apparel articles described in this paragraph are textile and apparel articles wholly assembled in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both, from fabric wholly formed in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both, from yarn originating either in the United States or one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 of the Harmonized Tariff Schedule of the United States and are wholly formed and cut in the United States, in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or any combination thereof), whether or not the textile and apparel articles are also made from any of the fabrics, fabric components formed, or components knit- to-shape described in paragraph (1) or (2) of section 112(b) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)) (unless the apparel articles are made exclusively from any of the fabrics, fabric components formed, or components knit-to-shape described in paragraph (1) or (2) of such section 112(b)). (B) Limitations on benefits.-- (i) In general.--Preferential treatment under this subsection shall be extended in the 1-year period beginning January 1, 2012, and in each of the succeeding 10 1-year periods, to imports of textile and apparel articles described in subparagraph (A) in an amount not to exceed the applicable percentage of the aggregate square meter equivalents of all textile and apparel articles imported into the United States in the most recent 12-month period for which data are available. (ii) Applicable percentage.--For purposes of this subparagraph, the term ``applicable percentage'' means 11 percent for the 1-year period beginning January 1, 2012, increased in each of the 10 succeeding 1-year periods by equal increments, so that for the period beginning January 1, 2022, the applicable percentage does not exceed 14 percent. (3) Handloomed, handmade, folklore articles and ethnic printed fabrics.-- (A) In general.--A textile or apparel article described in this paragraph is a handloomed, handmade, folklore article or an ethnic printed fabric of a beneficiary Asia or South Pacific country or countries that is certified as such by the competent authority of such beneficiary country or countries. For purposes of this subsection, the President, after consultation with the beneficiary Asia or South Pacific country or countries concerned, shall determine which, if any, particular textile and apparel goods of the country or countries shall be treated as being handloomed, handmade, or folklore articles or an ethnic printed fabric. (B) Requirements for ethnic printed fabric.--Ethnic printed fabrics qualified under this paragraph are-- (i) fabrics containing a selvedge on both edges, having a width of less than 50 inches, classifiable under subheading 5208.52.30 or 5208.52.40 of the Harmonized Tariff Schedule of the United States; (ii) of the type that contains designs, symbols, and other characteristics of Asian or South Pacific prints-- (I) normally produced for and sold on the indigenous Asian or South Pacific market; and (II) normally sold in Asia or South Pacific countries by the piece as opposed to being tailored into garments before being sold in indigenous Asian or South Pacific markets; (iii) printed, including waxed, in one or more beneficiary Asia or South Pacific countries; and (iv) fabrics formed in the United States, from yarns formed in the United States, or from fabric formed in one or more beneficiary Asia or South Pacific countries from yarn originating in either the United States or one or more beneficiary Asia or South Pacific countries. (4) Special rule.-- (A) In general.--Preferential treatment under this subsection shall be extended through December 31, 2019, for textile and apparel articles that are wholly assembled in one or more beneficiary Asia or South Pacific countries or former beneficiary Asia or South Pacific countries, or both, regardless of the country of origin of the yarn or fabric used to make such articles. (B) Country limitations.-- (i) Small suppliers.--If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from a beneficiary Asia or South Pacific country are less than 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year, such imports may be increased to an amount that is equal to not more than 1.5 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year for the succeeding calendar year. (ii) Other suppliers.--If, during a calendar year, imports of textile and apparel articles described in subparagraph (A) from a beneficiary Asia or South Pacific country are at least 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year, such imports may be increased by an amount that is equal to not more than \1/3\ of 1 percent of the aggregate square meter equivalents of all textile and apparel articles imported into the United States during that calendar year for the succeeding calendar year. (iii) Aggregate country limit.--In no case may the aggregate quantity of textile and apparel articles described in subparagraph (A) imported into the United States during a calendar year under this subsection exceed the applicable percentage set forth in paragraph (2)(B)(ii) for that calendar year. (d) Other Restrictions.--The provisions of subsections (b)(3)(B) and (e) of section 112 and section 113 of the African Growth and Opportunity Act (19 U.S.C. 3721 and 3722) shall apply with respect to the preferential treatment extended under this section to a beneficiary Asia or South Pacific country by substituting ``beneficiary Asia or South Pacific country'' for ``beneficiary sub-Saharan African country'' and ``beneficiary Asia or South Pacific countries'' and ``former beneficiary Asia or South Pacific countries'' for ``beneficiary sub- Saharan African countries'' and ``former sub-Saharan African countries'', respectively, as appropriate. (e) Technical Amendment.--Section 6002(a)(2)(B) of the Africa Investment Incentive Act of 2006 (Public Law 109-432) is amended by inserting before ``by striking'' the following: ``in paragraph (3),''. SEC. 6. REPORTING REQUIREMENT. The President shall monitor, review, and report to Congress, not later than 1 year after the date of the enactment of this Act, and annually thereafter, on the implementation of this Act and on the trade and investment policy of the United States with respect to the Asia or South Pacific countries. SEC. 7. TERMINATION OF PREFERENTIAL TREATMENT. No duty-free treatment or other preferential treatment extended to a beneficiary Asia or South Pacific country under this Act shall remain in effect after December 31, 2022. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall take effect on January 1, 2012.

Summary: Asia-South Pacific Trade Preferences Act - Authorizes the President to designate an Asia or South Pacific country as a beneficiary Asia or South Pacific country eligible for preferential treatment under this Act if that country meets: (1) certain requirements under the African Growth and Opportunity Act, including establishing a market-based economy and the rule of law, the protection of human rights, and the elimination of trade barriers to the United States; and (2) certain eligibility criteria for designation as a least-developed beneficiary developing country under the Trade Act of 1974. Lists the following countries eligible for designation as a "Asia or South Pacific country": (1) Afghanistan, (2) Bangladesh, (3) Bhutan, (4) Cambodia, (5) Kiribati, (6) Lao People's Democratic Republic, (7) Maldives, (8) Nepal, (9) Samoa, (10) Solomon Islands, (11) Timor-Leste (East Timor), (12) Tuvalu, and (13) Vanuatu. Authorizes the President to provide duty-free treatment of certain import-sensitive articles (watches, electronic articles, steel articles, footwear and certain other apparel, and glass products) meeting rules of origin requirements if: (1) the article is the growth, product, or manufacture of a beneficiary Asia or South Pacific country; and (2) the President determines, after receiving advice of the International Trade Commission (ITC), that the article is not import-sensitive in the context of imports from beneficiary Asia or South Pacific countries. Prescribes the rules of origin for the articles for the duty-free treatment. Grants duty-free treatment of certain textile and apparel articles imported directly into the customs territory of the United States from a beneficiary Asia or South Pacific country. Establishes limitations on such preferential treatment. Prescribes requirements for handloomed, handmade, folklore articles or ethnic printed fabrics. Prescribes a special rule to extend such preferential treatment through December 31, 2019, for textile and apparel articles that are wholly assembled in one or more beneficiary or former beneficiary Asia or South Pacific countries, or both, regardless of the country or origin of the yarn or fabric used to make such articles. Terminates the extension of preferential treatment to a beneficiary Asia or South Pacific country after December 31, 2022.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Opportunity and Mortgage Equity Act of 2009''. SEC. 2. AFFORDABLE REFINANCING MORTGAGES AND NEW MORTGAGES. (a) Authority.--The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation shall each carry out a program under this section to purchase and securitize qualified refinancing mortgages and qualified new mortgages on single-family housing, in accordance with this section and policies and procedures that the Director of the Federal Housing Finance Agency shall establish. (b) Purchase of Qualified Mortgages.-- (1) Requirement to purchase.--If a lender proffers to an enterprise, in accordance with requirements established by the Director, a mortgage or mortgages for purchase under this section, the enterprise shall make a determination of whether such mortgage or mortgages are qualified mortgages. Subject to subsection (g), if the enterprise determines that such mortgage or mortgages meet the requirements for qualified mortgages, the enterprise shall make a commitment to purchase, and shall purchase, the mortgage or mortgages. (2) Advance commitments.--The Director shall require each enterprise to establish a procedure for approval of lenders to receive commitments, in advance of the origination of qualified mortgages, for purchase of such mortgages under this section by the enterprise. (c) Qualified Mortgages.-- (1) Qualified mortgage.--For purposes of this section, the term ``qualified mortgage'' means a mortgage that is a qualified refinancing mortgage or a qualified new mortgage. (2) Qualified refinancing mortgage.--For purposes of this section, the term ``qualified refinancing mortgage'' means a mortgage that meets the following requirements: (A) Single-family housing.--The property subject to the mortgage shall be a one- to four-family dwelling, including a condominium or a share in a cooperative ownership housing association. (B) Principal residence.--The mortgagor under the mortgage shall occupy the property subject to the mortgage as his or her principal residence. (C) Refinancing.--The principal loan amount repayment of which is secured by the mortgage shall be used to satisfy all indebtedness under an existing first mortgage that-- (i) was made for purchase of, or refinancing another first mortgage on, the same property that is subject to the qualified refinancing mortgage; and (ii) was originated on or before January 1, 2008. (D) Interest rate; term to maturity.--The mortgage shall-- (i) bear interest at a single rate that is fixed for the entire term of the mortgage, which shall not exceed 4.0 percent annually; and (ii) have a term to maturity of not less than 30 years and not more than 40 years from the date of the beginning of the amortization of the mortgage. (E) Underwriting standards.--The mortgage shall meet such underwriting standards as the Director shall require. (F) Waiver of prepayment penalties.--All penalties for prepayment or refinancing of the underlying mortgage refinanced by the mortgage, and all fees and penalties related to the default or delinquency on such mortgage, shall have been waived or forgiven. (3) Qualified new mortgage.--For purposes of this section, the term ``qualified new mortgage'' means a mortgage that meets the following requirements: (A) Terms.--The mortgage meets the requirements under subparagraphs (A), (B), (D), and (E) of paragraph (2). (B) Home purchase.--The principal loan amount repayment of which is secured by the mortgage shall be used to purchase the property that is subject to the qualified new mortgage. (C) New mortgages.--The mortgage was originated on or after the date of the enactment of this Act. (d) Exceptions to Underwriting Standards.--Each enterprise shall establish such exceptions to the underwriting standards of the enterprise, including downpayment and credit rating standards, that conform to the underwriting standards established pursuant to subsection (c)(5), as may be necessary to allow the enterprise to purchase and securitize qualified refinancing mortgages and qualified new mortgages under this section, in accordance with such requirements as the Director shall establish. (e) Securitization.-- (1) Requirement.--Each enterprise shall, upon such terms and conditions as it may prescribe, set aside any qualified mortgages purchased by it under this section and, upon approval of the Secretary of the Treasury, issue and sell securities based upon such mortgages set aside. (2) Form.--Securities issued under this subsection may be in the form of debt obligations or trust certificates of beneficial interest, or both. (3) Terms.--Securities issued under this subsection shall have such maturities and bear such rate or rates of interest as may be determined by the enterprise with the approval of the Secretary. (4) Exemption.--Securities issued by an enterprise under this subsection shall, to the same extent as securities which are direct obligations of or obligations guaranteed as to principal and interest by the United States, be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission. (5) Principal and interest payments.--Mortgages set aside pursuant to this subsection shall at all times be adequate to enable the issuing enterprise to make timely principal and interest payments on the securities issued and sold pursuant to this subsection. (6) Required disclosure.--Each enterprise shall insert appropriate language in all of the securities issued under this subsection clearly indicating that such securities, together with the interest thereon, are not guaranteed by the United States and do not constitute a debt or obligation of the United States or any agency or instrumentality thereof other than the enterprise. (f) Federal Reserve Financing Facility.--The Board of Governors of the Federal Reserve System shall establish a credit facility of the Federal Reserve System to make credit available to the enterprises at interest rates comparable to rates on securities issued by the Secretary of the Treasury under chapter 31 of title 31, United States Code, and having comparable terms, as determined by the Board. (g) Termination.--The requirement under subsection (b)(1) for the enterprises to purchase mortgages shall not apply to any mortgage proferred to an enterprise after December 31, 2010. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (2) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.

Summary: Housing Opportunity and Mortgage Equity Act of 2009 - Directs the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (the enterprises) to implement a program to purchase and securitize qualified refinancing mortgages and qualified new mortgages on single-family housing in accordance with policies and procedures established by the Director of the Federal Housing Finance Agency (FHFA). Sets forth requirements for the purchase and securitization of qualified mortgages. Directs the Board of Governors of the Federal Reserve System to establish a credit facility of the Federal Reserve System to make credit available to the enterprises at interest rates comparable to certain rates on securities issued by the Secretary of the Treasury. Terminates the requirement under this Act for the enterprises to purchase mortgages after December 31, 2010.


SECTION 1. FINDINGS. The Congress makes the following findings: (1) The Congress has previously directed the Secretary of Defense to seek to enter into multiyear burden sharing support agreements with economically strong North Atlantic Treaty Organization (NATO) allies of the United States in order to obtain increased host nation contributions toward defraying the overseas basing costs for forces of the Armed Forces of the United States in that host country. (2) In fiscal year 1992-- (A) the government of Germany contributed approximately 23 percent of the overseas basing costs for United States forces in that country; (B) the government of Italy contributed approximately 20 percent of the overseas basing costs for United States forces in that country; (C) the government of the United Kingdom contributed approximately 14 percent of the overseas basing costs for United States forces in that country; and (D) the United States paid the remainder of such costs. (3) The Japanese government will pay 75.1 percent of overseas basing costs according to the host nation burden sharing support agreement between the United States and Japan. (4) In accordance with that agreement, the government of Japan contributed in fiscal year 1992 approximately 70 percent of the overseas basing costs for United States forces in that country, and the United States paid the remainder of such costs. (5) If the economically strong NATO allies of the United States had contributed 75 percent of the overseas basing costs that were incurred for fiscal year 1992 for United States forces in the countries of such allies, the United States would have saved an estimated $5,000,000,000 of the amount paid by the United States for overseas basing costs for that fiscal year. (6) It is in the national interest of the United States for the United States and our economically strong allies to enter into burden sharing support agreements that provide for such allies to defray most or all of the overseas basing costs for the United States forces stationed in the allied countries. SEC. 2. INCREASED BURDEN SHARING BY ALLIES OF THE UNITED STATES. (a) Defense Cost-Sharing Agreements.--The President shall enter into negotiations with each foreign nation described in subsection (b)(1) to seek to conclude an agreement that provides for such nation to pay at least 75 percent of the overseas basing costs that are incurred for the stationing of members of the Armed Forces of the United States and related civilian employees of the Department of Defense in that nation as a result of the implementation of a bilateral or multilateral defense agreement with that nation. (b) Covered Foreign Nations.-- (1) In general.--Except as provided in paragraph (2), the foreign nations referred to in subsection (a) are the following: (A) Each member nation of the North Atlantic Treaty Organization (other than the United States). (B) Every other foreign nation with which the United States has a bilateral or multilateral defense agreement that provides for the assignment of combat units of the Armed Forces of the United States to permanent duty ashore in that nation or the placement of combat equipment of the United States in that nation. (2) Inapplicability to certain foreign nations.--The foreign nations referred to in subsection (a) do not include any foreign nation that receives assistance or financing under-- (A) section 23 of the Arms Export Control Act (22 U.S.C. 2673), relating to the foreign military financing program; or (B) the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.). SEC. 3. USE OF FUNDS FOR PAYING OVERSEAS BASING COSTS. (a) Limitation.--Funds may not be expended to pay more than the allowable percent of the overseas basing costs that are incurred during a fiscal year referred to in subsection (b) for the stationing of members of the Armed Forces of the United States and related civilian employees of the Department of Defense in a nation referred to in section 2(a) as a result of the implementation of a bilateral or multilateral defense agreement with that nation. (b) Maximum Allowable Percent.--For purposes of subsection (a), the allowable percent for a fiscal year is as follows: (1) Fiscal year 1994.--For fiscal year 1994, 60 percent. (2) Fiscal year 1995.--For fiscal year 1995, 40 percent. (3) Fiscal years after fiscal year 1995.--For each fiscal year that begins after September 30, 1995, 25 percent. SEC. 4. WAIVER AUTHORITY. If the President determines that it is necessary to do so in the national security interest of the United States, the President may waive, with respect to a foreign nation referred to in section 2(a), the limitation in section 3. In the case of each such waiver, the President shall submit to Congress a written certification of the determination and a description of the extent of the waiver. SEC. 5. REPORTING REQUIREMENT. Not later than September 30, 1993, the President shall submit to the Congress a plan and schedule for concluding with foreign nations referred to in section 2(a) agreements that provide for each such nation to pay 75 percent of the overseas basing costs that are incurred for the stationing of members of the Armed Forces of the United States and related civilian employees of the Department of Defense in that nation as a result of the implementation of a bilateral or multilateral defense agreement with that nation. SEC. 6. OVERSEAS BASING COSTS DEFINED. In this Act, the term ``overseas basing costs'' means all costs related to the operation of installations in foreign countries at which forces of the Armed Forces of the United States are based and-- (1) includes but are not limited to-- (A) pay for foreign nationals; (B) costs of utilities; (C) costs of local services; (D) costs of military construction projects; (E) costs of real property maintenance; (F) costs of environmental restoration; (G) leasing costs; (H) taxes; (I) user fees; (J) tolls; and (K) import duties; and (2) does not include the pay and allowances of members of the Armed Forces of the United States and civilian employees of the Department of Defense.

Summary: Directs the President to enter into negotiations to conclude agreements that require the following countries to pay at least 75 percent of the overseas basing costs incurred for stationing of U.S. armed forces and related civilian employees: (1) member nations of the North Atlantic Treaty Organization (NATO); and (2) foreign nations with which the United States has defense agreements providing for the assignment of U.S. armed forces or combat equipment in such nations. Makes this Act inapplicable to foreign nations that receive assistance under the foreign military financing program or other military assistance pursuant to the Foreign Assistance Act of 1961. Phases in limitations on Federal funding for overseas basing costs, setting a maximum payment of 25 percent of such costs for fiscal years after 1995. Authorizes the President to waive the requirements of this Act pursuant to national security interests.