Input:
SECTION 1. SHORT TITLE.

    This title may be cited as the ``Habeas Corpus Revision Act of
1994''.

SEC. 2. STATUTE OF LIMITATIONS.

    Section 2254 of title 28, United States Code, is amended by adding
at the end the following:
    ``(g)(1) In the case of an applicant under sentence of death, any
application for habeas corpus relief under this section must be filed
in the appropriate district court not later than 1 year after--
            ``(A) the date of denial of a writ of certiorari, if a
        petition for a writ of certiorari to the highest court of the
        State on direct appeal or unitary review of the conviction and
        sentence is filed, within the time limits established by law,
        in the Supreme Court;
            ``(B) the date of issuance of the mandate of the highest
        court of the State on direct appeal or unitary review of the
        conviction and sentence, if a petition for a writ of certiorari
        is not filed, within the time limits established by law, in the
        Supreme Court; or
            ``(C) the date of issuance of the mandate of the Supreme
        Court, if on a petition for a writ of certiorari the Supreme
        Court grants the writ and disposes of the case in a manner that
        leaves the capital sentence undisturbed.
    ``(2) The time requirements established by this section shall be
tolled--
            ``(A) during any period in which the State has failed to
        provide counsel as required in section 2257 of this chapter;
            ``(B) during the period from the date the applicant files
        an application for State postconviction relief until final
        disposition of the application by the State appellate courts,
        if all filing deadlines are met; and
            ``(C) during an additional period not to exceed 90 days, if
        counsel moves for an extension in the district court that would
        have jurisdiction of a habeas corpus application and makes a
        showing of good cause.''.

SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.

    Section 2251 of title 28, United States Code, is amended--
            (1) by inserting ``(a)(1)'' before the first paragraph;
            (2) by inserting ``(2)'' before the second paragraph; and
            (3) by adding at the end the following:
    ``(b) In the case of an individual under sentence of death, a
warrant or order setting an execution shall be stayed upon application
to any court that would have jurisdiction over an application for
habeas corpus under this chapter. The stay shall be contingent upon
reasonable diligence by the individual in pursuing relief with respect
to such sentence and shall expire if--
            ``(1) the individual fails to apply for relief under this
        chapter within the time requirements established by section
        2254(g) of this chapter;
            ``(2) upon completion of district court and court of
        appeals review under section 2254 of this chapter, the
        application is denied and--
                    ``(A) the time for filing a petition for a writ of
                certiorari expires before a petition is filed;
                    ``(B) a timely petition for a writ of certiorari is
                filed and the Supreme Court denies the petition; or
                    ``(C) a timely petition for certiorari is filed
                and, upon consideration of the case, the Supreme Court
                disposes of it in a manner that leaves the capital
                sentence undisturbed; or
            ``(3) before a court of competent jurisdiction, in the
        presence of counsel qualified under section 2257 of this
        chapter and after being advised of the consequences of the
        decision, an individual waives the right to pursue relief under
        this chapter.''.

SEC. 4. LAW APPLICABLE.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2256. Law applicable
    ``(a) Except as provided in subsection (b), in an action under this
chapter, the court shall not apply a new rule.
    ``(b) A court shall apply a new rule, if the new rule--
            ``(1) places the claimant's conduct beyond the power of the
        criminal law-making authority to proscribe or punish with the
        sanction imposed; or
            ``(2) requires the observance of procedures without which
        the likelihood of an accurate conviction or valid capital
        sentence is seriously diminished.
    ``(c) As used in this section, the term `new rule' means a clear
break from precedent, announced by the Supreme Court of the United
States, that could not reasonably have been anticipated at the time the
claimant's sentence became final in State court. A rule is not `new'
merely because it was not dictated or compelled by the precedents
existing at that time or because, at that time, it was susceptible to
debate among reasonable minds.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding at
the end the following:

``2256. Law applicable.''.

SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 804 of this
subtitle the following:
``Sec. 2257. Counsel in capital cases; State court
    ``(a) Notwithstanding section 2254(d) of this chapter, the court in
an action under this chapter shall neither presume a finding of fact
made in a State court proceeding specified in subsection (b)(1) of this
section to be correct nor decline to consider a claim on the ground
that it was not raised in such a proceeding at the time or in the
manner prescribed by State law, unless--
            ``(1) the relevant State maintains a mechanism for
        providing legal services to indigents in capital cases that
        meets the specifications in subsection (b) of this section;
            ``(2) if the applicant in the instant case was eligible for
        the appointment of counsel and did not waive such an
        appointment, the State actually appointed an attorney or
        attorneys to represent the applicant in the State proceeding in
        which the finding of fact was made or the default occurred; and
            ``(3) the attorney or attorneys so appointed substantially
        met both the qualification standards specified in subsection
        (b)(3)(A) or (b)(4) of this section and the performance
        standards established by the appointing authority.
    ``(b) A mechanism for providing legal services to indigents within
the meaning of subsection (a)(1) of this section shall include the
following elements:
            ``(1) The State shall provide legal services to--
                    ``(A) indigents charged with offenses for which
                capital punishment is sought;
                    ``(B) indigents who have been sentenced to death
                and who seek appellate, collateral, or unitary review
                in State court; and
                    ``(C) indigents who have been sentenced to death
                and who seek certiorari review of State court judgments
                in the United States Supreme Court.
            ``(2) The State shall establish a counsel authority, which
        shall be--
                    ``(A) a statewide defender organization;
                    ``(B) a resource center; or
                    ``(C) a counsel authority appointed by the highest
                State court having jurisdiction over criminal matters,
                consisting of members of the bar with substantial
                experience in, or commitment to, the representation of
                criminal defendants in capital cases, and comprised of
                a balanced representation from each segment of the
                State's criminal defense bar.
            ``(3) The counsel authority shall--
                    ``(A) publish a roster of attorneys qualified to be
                appointed in capital cases, procedures by which
                attorneys are appointed, and standards governing
                qualifications and performance of counsel, which shall
                include--
                            ``(i) knowledge and understanding of
                        pertinent legal authorities regarding issues in
                        capital cases; and
                            ``(ii) skills in the conduct of
                        negotiations and litigation in capital cases,
                        the investigation of capital cases and the
                        psychiatric history and current condition of
                        capital clients, and the preparation and
                        writing of legal papers in capital cases;
                    ``(B) monitor the performance of attorneys
                appointed and delete from the roster any attorney who
                fails to meet qualification and performance standards;
                and
                    ``(C) appoint a defense team, which shall include
                at least 2 attorneys, to represent a client at the
                relevant stage of proceedings, within 30 days after
                receiving notice of the need for the appointment from
                the relevant State court.
            ``(4) An attorney who is not listed on the roster shall be
        appointed only on the request of the client concerned and in
        circumstances in which the attorney requested is able to
        provide the client with quality legal representation.
            ``(5) No counsel appointed pursuant to this section to
        represent a prisoner in State postconviction proceedings shall
        have previously represented the prisoner at trial or on direct
        appeal in the case for which the appointment is made, unless
        the prisoner and counsel expressly request continued
        representation.
            ``(6) The ineffectiveness or incompetence of counsel
        appointed pursuant to this section during State or Federal
        postconviction proceedings shall not be a ground for relief in
        a proceeding arising under section 2254 of this title. This
        limitation shall not preclude the appointment of different
        counsel at any phase of State or Federal postconviction
        proceedings.
            ``(7) Upon receipt of notice from the counsel authority
        that an individual entitled to the appointment of counsel under
        this section has declined to accept such an appointment, the
        court requesting the appointment shall conduct, or cause to be
        conducted, a hearing, at which the individual and counsel
        proposed to be appointed under this section shall be present,
        to determine the individual's competency to decline the
        appointment, and whether the individual has knowingly and
        intelligently declined it.
            ``(8) Attorneys appointed pursuant to this section shall be
        compensated on an hourly basis pursuant to a schedule of hourly
        rates as periodically established by the counsel authority
        after consultation with the highest State court with
        jurisdiction over criminal matters. Appointed counsel shall be
        reimbursed for expenses reasonably incurred in representing the
        client, including the costs of law clerks, paralegals,
        investigators, experts, or other support services.
            ``(9) Support services for staff attorneys of a defender
        organization or resource center shall be equal to the services
        listed in paragraph (8).''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 804 the following:

``2257. Counsel in capital cases; State court.''.

SEC. 6. SUCCESSIVE FEDERAL PETITIONS.

    Section 2244(b) of title 28, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(b)'';
            (2) by inserting ``, in the case of an applicant not under
        sentence of death,'' after ``When''; and
            (3) by adding at the end the following:
            ``(2) In the case of an applicant under sentence of death,
        a claim presented in a second or successive application, that
        was not presented in a prior application under this chapter,
        shall be dismissed unless--
                    ``(A) the applicant shows that--
                            ``(i) the basis of the claim could not have
                        been discovered by the exercise of reasonable
                        diligence before the applicant filed the prior
                        application; or
                            ``(ii) the failure to raise the claim in
                        the prior application was due to action by
                        State officials in violation of the
                        Constitution of the United States; and
                    ``(B) the facts underlying the claim would be
                sufficient, if proven, to undermine the court's
                confidence in the applicant's guilt of the offense or
                offenses for which the capital sentence was imposed, or
                in the validity of that sentence under Federal law.''.

SEC. 7. CERTIFICATES OF PROBABLE CAUSE.

    The third paragraph of section 2253, of title 28, United States
Code, is amended to read as follows:
            ``An appeal may not be taken to the court of appeals from
        the final order in a habeas corpus proceeding where the
        detention complained of arises out of process issued by a State
        court, unless the justice or judge who rendered the order or a
        circuit justice or judge issues a certificate of probable
        cause. However, an applicant under sentence of death shall have
        a right of appeal without a certification of probable cause,
        except after denial of a second or successive application.''.

SEC. 8. DUTIES OF THE DISTRICT COURT.

    Section 2254(a) of title 28, United States Code, is amended by
adding at the end the following:
            ``In adjudicating the merits of any such ground, the court
        shall exercise independent judgment in ascertaining the
        pertinent Federal legal standards and in applying those
        standards to the facts and shall not defer to a previous State
        court judgment regarding a Federal legal standard or its
        application. Upon request, the court shall permit the parties
        to present evidence regarding material facts that were not
        adequately developed in State court. The court shall award
        relief with respect to any meritorious constitutional ground,
        unless, in the case of a violation that can be harmless, the
        respondent shows that the error was harmless beyond a
        reasonable doubt.''.

SEC. 9. CLAIMS OF INNOCENCE.

    (a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 805 of this
subtitle the following:
``Sec. 2258. Claims of innocence
    ``(a) At any time, and notwithstanding any other provision of law,
a district court shall issue habeas corpus relief on behalf of an
applicant under sentence of death, imposed either in Federal or in
State court, who offers credible newly discovered evidence which, had
it been presented to the trier of fact or sentencing authority at
trial, would probably have resulted in--
            ``(1) an acquittal of the offense for which the death
        sentence was imposed; or
            ``(2) a sentence other than death.
    ``(b) An application filed pursuant to subsection (a) shall offer
substantial evidence which, if credible, would establish one of the
standards in subsection (a)(1) or (2). An application that fails to do
so may be dismissed.
    ``(c) If the court concludes that an application meets the
requirements in subsection (b), the court shall--
            ``(1) order the respondent to file an answer;
            ``(2) permit the parties to conduct reasonable discovery;
            ``(3) conduct a hearing to resolve disputed issues of fact;
        and
            ``(4) upon request, issue a stay of execution pending
        further proceedings in the district court and on direct review
        of the district court's judgment.
    ``(d) If the court concludes that the applicant meets the standards
established by subsection (a)(1) or (2), the court shall order his or
her release, unless a new trial or, in an appropriate case, a new
sentencing proceeding, is conducted within a reasonable time.
    ``(e) If the court determines that the applicant is currently
entitled to pursue other available and effective remedies in either
State or Federal court, the court may, at the request of either party,
suspend its consideration of the application under this section until
the applicant has exhausted those remedies. A stay issued pursuant to
subsection (c) shall remain in effect during such a suspension.
    ``(f) An application under this section may be consolidated with
any other pending application under this chapter, filed by the same
applicant.''.
    (b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 805 of this subtitle the following:

``2258. Claims of innocence.''.

SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.

    Section 2254 of title 28, United States Code, is amended by adding
the following:
    ``(h)(1) A district court shall decline to consider a claim under
this section if--
            ``(A) the applicant previously failed to raise the claim in
        State court at the time and in the manner prescribed by State
        law; the State courts, for that reason, refused or would refuse
        to entertain the claim; such refusal would constitute an
        adequate and independent State law ground that would foreclose
        direct review of the State court judgment in the Supreme Court
        of the United States; and
            ``(B) the applicant fails to show cause for the failure to
        raise the claim in State court and prejudice to the applicant's
        right to fair proceedings or to an accurate outcome resulting
        from the alleged violation of the Federal right asserted, or
        that failure to consider the claim would result in a
        miscarriage of justice.
    ``(2) The court shall not find cause in any case in which it
appears that the applicant or counsel deliberately withheld a claim
from the State courts for strategic purposes. An applicant may
establish cause by showing that--
            ``(A) the factual basis of the claim could not have been
        discovered by the exercise of reasonable diligence before the
        applicant could have raised the claim in State court;
            ``(B) the claim relies on a decision of the Supreme Court
        of the United States, announced after the applicant might have
        raised the claim in State court; or
            ``(C) the failure to raise the claim in State court was due
        to interference by State officials, counsel's ignorance or
        neglect, or counsel's ineffective assistance in violation of
        the Constitution.''.
HR 4018 RH----2

Output:
Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases.
Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel.  Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances.
(Sec. 3) Specifies requirements for stays of execution in capital cases.
(Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S.  Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule:  (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished.
(Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless:  (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority.
(Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that:  (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law.
(Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application.
(Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to:  (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances.


Input:
entitled ``Joint Resolution to approve the
`Covenant To Establish a Commonwealth of the Northern Mariana Islands
in Political Union with the United States of America', and for other
purposes'' approved March 24, 1976 (48 U.S.C. 1801 et seq.), is
amended--
            (1) by adding at the end the following new sections:

``SEC. 7. LABELING OF TEXTILE FIBER PRODUCTS.

    ``(a) In General.--No textile fiber product shall have a stamp,
tag, label, or other means of identification or substitute therefor on
or affixed to the product stating `Made in USA' or otherwise stating or
implying that the product was made or assembled in the United States
unless--
            ``(1) each individual providing direct labor in production
        of such textile fiber product was paid a wage equal to or
        greater than the wage set by section 8;
            ``(2) the product was produced or manufactured in
        compliance with all Federal laws relating to labor rights and
        working conditions, including, but not limited to, the National
        Labor Relations Act, the Occupational Safety and Health Act of
        1970, and the Fair Labor Standards Act of 1938;
            ``(3) the factory or other business concern producing or
        manufacturing the product, as certified by the Secretary of
        Labor, has full-time employees in nonmanagerial positions who
        are citizens or nationals of the United States, aliens lawfully
        admitted into the United States for permanent residence,
        citizens of Palau, the Republic of the Marshall Islands, or the
        Federated States of Micronesia, aliens admitted into the United
        States as refugees under section 207 of the Immigration and
        Nationality Act (8 U.S.C. 1157), or aliens granted asylum in
        the United States under section 208 of that Act (8 U.S.C.
        1158), in the following percentages: 25 percent within 6 months
        after the date of the enactment of this section, 50 percent
        within 1 year after such date of enactment, and 75 percent
        within 18 months after such date of enactment; and
            ``(4) the factory or other business concern producing or
        manufacturing the product does not employ individuals under
        conditions of indentured servitude.
    ``(b) Result of Noncompliance.--A textile fiber product which is
stamped, tagged, labeled, or otherwise identified in violation of
subsection (a) shall be deemed to be misbranded for purposes of the
Textile Fiber Products Identification Act (15 U.S.C. 70 et seq.).
    ``(c) Definition.--For purposes of this section, the term `direct
labor' includes any work provided to prepare, assemble, process,
package, or transport a textile fiber product, but does not include
supervisory, management, security, or administrative work.

``SEC. 8. MINIMUM WAGE.

    ``Section 503(c) of the foregoing Covenant shall be construed and
applied as if it read as follows:
    ```(c) The minimum wage provisions of the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.), shall apply to the Commonwealth of the
Northern Mariana Islands, except that--
            ```(1) through December 31, 1999, the minimum wage
        applicable to the Commonwealth of the Northern Mariana Islands
        shall be $3.55 per hour;
            ```(2) on January 1, 2000, and on July 1 and January 1 of
        each year thereafter, the minimum wage applicable to the
        Commonwealth of the Northern Mariana Islands shall be $0.50 per
        hour more than the minimum wage that was applicable to the
        Commonwealth of the Northern Mariana Islands for the preceding
        6-month period until the minimum wage applicable to the
        Commonwealth of the Northern Mariana Islands is equal to the
        minimum wage rate set forth in section 6(a)(1) of the Fair
        Labor Standards Act of 1938; and
            ```(3) after the minimum wage applicable to the
        Commonwealth of the Northern Mariana Islands is equal to the
        minimum wage rate set forth in section 6(a)(1) of the Fair
        Labor Standards Act of 1938, pursuant to paragraph (2), the
        minimum wage applicable to the Commonwealth of the Northern
        Mariana Islands shall increase as necessary to remain equal to
        the minimum wage rate set forth in section 6(a)(1) of the Fair
        Labor Standards Act of 1938.'

``SEC. 9. CONDITIONS FOR DUTY-FREE AND QUOTA-FREE TREATMENT.

    ``(a) Conditions.--No product of the Northern Mariana Islands may
enter the customs territory of the United States duty-free or not
subject to quota as the product of an insular possession, unless--
            ``(1) each individual providing direct labor in production
        of the product was paid a wage equal to or greater than the
        wage set by section 8;
            ``(2) the product was produced or manufactured in
        compliance with all Federal laws relating to labor rights and
        working conditions, including, but not limited to, the National
        Labor Relations Act, the Occupational Safety and Health Act of
        1970, and the Fair Labor Standards Act of 1938;
            ``(3) the factory or other business concern producing or
        manufacturing the product, as certified by the Secretary of
        Labor, has full-time employees in nonmanagerial positions who
        are citizens or nationals of the United States, aliens lawfully
        admitted into the United States for permanent residence,
        citizens of Palau, the Republic of the Marshall Islands, or the
        Federated States of Micronesia, persons admitted into the
        United States under section 207 of the Immigration and
        Nationality Act (8 U.S.C. 1157), or aliens granted asylum in
        the United States under section 208 of that Act (8 U.S.C.
        1158), in the following percentages: 25 percent within 6 months
        after the date of the enactment of this section, 50 percent
        within 1 year after such date of enactment, and 75 percent
        within 18 months after such date of enactment;
            ``(4) the factory or other business concern producing or
        manufacturing the product does not employ individuals under
        conditions of indentured servitude; and
            ``(5) the Commissioner of Customs has certified that the
        Commonwealth of the Northern Mariana Islands is taking adequate
        measures--
                    ``(A) to prevent unlawful transshipment of goods
                that is carried out by rerouting, false declaration
                concerning country or place of origin, falsification of
                documents, evasion of United States rules of origin, or
                any other means; and
                    ``(B) to prevent being used as a transit point for
                the shipment of goods in violation of the Agreement on
                Textiles and Clothing referred to in section 101(d)(4)
                of the Uruguay Round Agreements Act or any other
                applicable trade agreement.
    ``(b) Penalties Against Exporters.--If the President determines,
based on sufficient evidence, that an exporter has willfully falsified
information regarding the country of origin, manufacture, processing,
or assembly of a product of the Northern Mariana Islands for which
duty-free or quota-free treatment is claimed, then the President shall
deny to such exporter, and any successors of such exporter, for a
period of 2 years, duty-free and quota-free treatment for such product.
    ``(c) Definition.--For purposes of this section, the term `direct
labor' includes any work provided to prepare, assemble, process,
package, or transport a product, but does not include supervisory,
management, security, or administrative work.''; and
            (2) by adding after the new sections added by paragraph
        (1), the following new section:

``SEC. 10. APPLICABILITY OF IMMIGRATION LAWS.

    ``Section 506 of the foregoing Covenant shall be construed and
applied as if it included at the end the following subsection:
    ```(e)(1) Subject to paragraphs (2) and (3), the provisions of the
Immigration and Nationality Act shall apply to the Northern Mariana
Islands as if the Northern Mariana Islands were a State (as defined in
section 101(a)(36) of such Act), and a part of the United States (as
defined in section 101(a)(38) of such Act). Such Act shall supersede
and replace all laws, provisions, or programs of the Commonwealth of
the Northern Mariana Islands relating to the admission and removal of
aliens from the Northern Mariana Islands.
    ```(2)(A) Notwithstanding paragraph (1) and subject to subparagraph
(C), if the Secretary of Labor, upon receipt of a joint recommendation
of the Governor and Legislature of the Commonwealth of the Northern
Mariana Islands, finds that exceptional circumstances exist with
respect to the inability of employers in the Northern Mariana Islands
to obtain sufficient work-authorized labor, the Attorney General may
establish a specific number of employment-based immigrant visas to be
made available during the following fiscal year under this paragraph
and section 203(b) of the Immigration and Nationality Act.
    ```(B) Upon notification by the Attorney General that a number has
been established pursuant to subparagraph (A), the Secretary of State
may allocate up to that number of visas without regard to the numerical
limitations set forth in sections 202 and 203(b)(3)(B) of the
Immigration and Nationality Act. Visa numbers allocated under this
subparagraph shall be allocated first from the number of visas
available under section 203(b)(3) of the Immigration and Nationality
Act, or, if such visa numbers are not available, from the number of
visas available under section 203(b)(5) of such Act.
    ```(C) The authority of the Attorney General and the Secretary of
State under subparagraphs (A) and (B) shall expire at the end of the
4th fiscal year following the first fiscal year for which the Attorney
General establishes a number pursuant to subparagraph (A).
    ```(D) Persons granted employment-based immigrant visas under this
paragraph may be admitted initially at a port-of-entry in the Northern
Mariana Islands, or at a port-of-entry in Guam, for the purpose of
immigrating to the Northern Mariana Islands, as lawful permanent
residents of the United States.
    ```(E) Any immigrant visa issued pursuant to this paragraph shall
be valid only for application for initial admission to the Northern
Mariana Islands. The admission of any alien pursuant to such an
immigrant visa shall be an admission for lawful permanent residence and
employment only in the Northern Mariana Islands during the first 3
years after such admission. Such admission shall not authorize
permanent residence or employment in any other part of the United
States during such 3-year period. An alien admitted for permanent
residence pursuant to this paragraph shall be issued appropriate
documentation identifying the person as having been admitted pursuant
to the terms and conditions of this paragraph, and shall be required to
comply with a system for the registration and reporting of aliens
admitted for permanent residence under this subsection, to be
established by the Attorney General under chapter 7 of title II of the
Immigration and Nationality Act.
    ```(F) Nothing in this paragraph shall preclude an alien who has
obtained lawful permanent resident status pursuant to this paragraph
from applying, if otherwise eligible under this section and under the
Immigration and Nationality Act, for an immigrant visa or admission as
a lawful permanent resident under the Immigration and Nationality Act.
    ```(G) Any alien admitted under this paragraph, who violates the
provisions of this paragraph, or who is found removable or inadmissible
under section 237(a) of the Immigration and Nationality Act, or
paragraphs (1), (2), (3), (4)(A), (4)(B), (6), (7), (8), or (9) of
section 212(a) of such Act, shall be removed pursuant to chapter 4 of
title II of such Act.
    ```(H) The Attorney General may establish by regulation a procedure
by which an alien who has obtained lawful permanent resident status
pursuant to this paragraph may apply for a waiver of the limitations on
the terms and conditions of such status. The Attorney General may grant
the application for waiver, in the discretion of the Attorney General,
if: (1) the alien is not in removal proceedings, (2) the alien has been
a person of good moral character for the preceding 5 years, (3) the
alien has not violated the terms and conditions of the alien's
permanent resident status, and (4) the alien would suffer exceptional
and extremely unusual hardship were such terms and conditions not
waived.
    ```(I) The limitations on the terms and conditions of an alien's
permanent residence set forth in this paragraph shall expire at the end
of 3 years after the alien's admission to the Northern Mariana Islands
as a permanent resident and the alien is thereafter fully subject to
the provisions of the Immigration and Nationality Act. Following the
expiration of such limitations, the permanent resident alien may engage
in any lawful activity, including employment, anywhere in the United
States.
    ```(3)(A) Except as provided in subparagraph (B), paragraphs (1)
and (2) shall take effect after the expiration of the 3-month period
beginning on the date of the enactment of the United States-
Commonwealth of the Northern Marianas Human Dignity Act.
    ```(B) With respect to an alien who, as of the last day of the 3-
month period beginning on the date of the enactment of the United
States-Commonwealth of the Northern Marianas Human Dignity Act, is
authorized by the Government of the Northern Mariana Islands (pursuant
to the immigration laws of the Commonwealth of the Northern Mariana
Islands) to enter into and remain temporarily in the Northern Mariana
Islands in order to perform temporary service or labor in the Northern
Mariana Islands (and any relatives of the alien if, authorized to
accompany or follow to join the alien), paragraphs (1) and (2) shall
apply to the alien beginning after the earlier of the following dates:
            ```(i) The date on which such authorization expires (such
        authorization not being subject to extension or renewal by the
        Government of the Northern Mariana Islands after the expiration
        of the 3-month period beginning on the date of the enactment of
        the United States-Commonwealth of the Northern Marianas Human
        Dignity Act).
            ```(ii) The date that is 2 years after the date of the
        enactment of the United States-Commonwealth of the Northern
        Marianas Human Dignity Act.
    ```(4) When deploying personnel to enforce the provisions of this
section, the Attorney General shall coordinate with, and act in
conjunction with, State and local law enforcement agencies to ensure
that such deployment does not degrade or compromise the law enforcement
capabilities and functions currently performed by immigration
officers.'.''.

SEC. 4. AUTHORITY OF CUSTOMS SERVICE TO BOARD SHIPS.

    Section 467 of the Tariff Act of 1930 (19 U.S.C. 1467) is amended
by striking ``or the Virgin Islands,'' each place it appears and
inserting ``, the Virgin Islands, or the Commonwealth of the Northern
Mariana Islands,''.

SEC. 5. STUDY; REPORT.

    (a) Study.--A study shall be conducted of the extent of human
rights violations and labor rights violations in the Northern Mariana
Islands, including the use of forced or indentured labor, and any
efforts being taken by the Government of the United States or the
Government of the Northern Mariana Islands to address or prohibit such
violations.
    (b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of the Interior shall transmit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
results of the study required by subsection (a).
    (c) Consultation.--Appropriate local government officials, law
enforcement agencies, and nongovernmental organizations active in
instituting and protecting human and labor rights may be consulted when
conducting the study and preparing the report required by this section.

SEC. 6. EFFECT ON OTHER LAW.

    The provisions of the amendments made by paragraph (1) of section 3
shall be in addition to, but shall not otherwise modify, the
requirements of the Textile Fiber Products Identification Act (15
U.S.C. 70 et seq.).

SEC. 7. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect 30 days after the date of
the enactment of this Act.
    (b) Immigration.--
            (1) In general.--The amendment made by paragraph (2) of
        section 3 shall take effect after the expiration of the 3-month
        period beginning on the date of the enactment of this Act.
            (2) Exception.--With respect to an alien who, as of the
        last day of the 3-month period beginning on the date of the
        enactment of this Act, is authorized by the Government of the
        Northern Mariana Islands (pursuant to the immigration laws of
        the Commonwealth of the Northern Mariana Islands) to enter into
        and remain temporarily in the Northern Mariana Islands in order
        to perform temporary service or labor in the Northern Mariana
        Islands (and any relatives of the alien if, authorized to
        accompany or follow to join the alien), such amendment shall
        apply to the alien beginning after the earlier of the following
        dates:
                    (A) The date on which such authorization expires
                (such authorization not being subject to extension or
                renewal by the Government of the Northern Mariana
                Islands after the expiration of the 3-month period
                beginning on the date of the enactment of this Act).
                    (B) The date that is 2 years after the date of the
                enactment of this Act.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act.

Output:
United States-Commonwealth of the Northern Marianas Human Dignity Act - Amends Federal law to prohibit the affixation of the "Made in the USA" label to a textile fiber product from the Northern Mariana Islands unless: (1) each worker producing such product was paid a minimum wage equal to or greater than a specified amount; (2) the product was manufactured in compliance with all Federal labor laws, including, but not limited to, the National Labor Relations Act, the Occupational Safety and Health Act of 1970, and the Fair Labor Standards Act of 1938; (3) the factory or other business producing the product has full-time employees in nonmanagerial positions who are U.S. citizens or nationals, aliens lawfully admitted into the United States for permanent residence, citizens of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, aliens admitted into the United States as refugees, or aliens granted asylum in the United States, in specified percentages; and (4) the factory or other business producing the product does not employ individuals under conditions of indentured servitude.
(Sec. 3) Applies to the Northern Mariana Islands: (1) the minimum wage provisions of the Fair Labor Standards Act of 1938, as modified by this Act (requires a minimum wage through December 31, 1999, of $3.55 per hour, adjusted semiannually thereafter in $.50 increments until it equals the minimum wage required by the Fair Labor Standards Act of 1938); and (2) the Immigration and Nationality Act.
Prohibits any product of the Northern Mariana Islands from entering the customs territory of the United States duty-free or not subject to quota as a product of an insular possession unless specified requirements relating to fair labor practices and country of origin are met.  Requires the President, for a two-year period, to deny an exporter duty-free and quota-free treatment if it is determined that such exporter has willfully falsified information regarding the country of origin of a product of the Northern Mariana Islands for which such treatment is claimed.
(Sec. 4) Amends the Tariff Act of 1930 to authorize the inspection by the Customs Service of any vessel from a foreign port or from a place in any U.S. territory or possession arriving at a port or place in the Northern Mariana Islands (currently, the United States or the Virgin Islands)
(Sec. 5) Requires a study of the extent of human and labor rights violations in the Northern Mariana Islands, including any efforts being taken by the united States or the Government of the Northern Mariana Islands to address or prohibit such violations.  Requires a report on the results of the study to specified congressional committees.
(Sec. 8) Authorizes appropriations.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hurricane Katrina Employment and
Training Assistance Act''.

SEC. 2. SPECIAL RULES FOR NATIONAL EMERGENCY GRANTS RELATED TO
              HURRICANE KATRINA.

    (a) Use of Grants for Projects Outside Disaster Area.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)) to address the effects of Hurricane Katrina may be used to
provide disaster relief employment and other assistance under section
173(d)(1) of such Act (29 U.S.C. 2918(d)(1)) on projects that provide
assistance in areas outside of the disaster area (as such term is
defined in section 173(a)(2) of such Act).
    (b) Expanded Eligibility for Disaster Relief Employment.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 to address
the effects of Hurricane Katrina may be used to provide disaster relief
employment and other assistance under section 173(d)(1) of such Act, or
public sector employment authorized under subsection (c) of this Act,
to individuals who were unemployed at the time of the emergency or
major disaster involved and to individuals who are without employment
history, in addition to individuals described in section 173(d)(2) of
the Workforce Investment Act of 1998 (29 U.S.C. 2918(d)(2)).
    (c) Authorization for General Public Sector Employment.--Funds
provided to States that submit applications for assistance described in
section 173(a)(2) of the Workforce Investment Act of 1998 to address
the effects of Hurricane Katrina may be used to provide to eligible
individuals temporary employment by public sector entities for a period
not to exceed 6 months in addition to disaster relief employment
described in section 173(d)(1) of such Act.
    (d) Extension of the Duration of Disaster Relief Employment.--The
Secretary of Labor may extend the 6-month maximum duration of
employment under this Act and under section 173(d) of the Workforce
Investment Act of 1998 (29 U.S.C. 2918(d)) for not more than an
additional 6 months due to extraordinary circumstances.
    (e) Priority for Disaster Relief Employment Funds.--In awarding
national emergency grants to States under section 173(a)(2) of the
Workforce Investment Act of 1998 (29 U.S.C. 2918(a)(2)) to address the
effects of Hurricane Katrina by providing disaster relief employment,
the Secretary of Labor shall--
            (1) first, give priority to States in which areas that have
        suffered major disasters (as defined in section 102 of the
        Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5122)) are located; and
            (2) second, give priority to the remaining States that have
        been most heavily impacted by the demand for services by
        workers affected by Hurricane Katrina.
    (f) Documentation.--In providing disaster relief employment under
section 173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)), an entity shall not deny such employment to a worker
affected by Hurricane Katrina because of the worker's inability, due to
the effects of Hurricane Katrina, to provide at the time of application
appropriate documentation of eligibility under section 173(d)(2) of
such Act (29 U.S.C. 2918(d)(2)).
    (g) Eligibility for Needs-Related Payments.--Funds provided to
States that submit applications for asisstance described in section
173(a)(2) of the Workforce Investment Act of 1998 (29 U.S.C.
2918(a)(2)) to address the effects of Hurricane Katrina may be used to
provide needs-related payments (described in section 134(e)(3) of such
Act (29 U.S.C. 2864(e)(3))) to individuals described in subsection (b)
who do not qualify for (or have ceased to qualify for) unemployment
compensation, and who are not employed on a project described under
section 173(d) of such Act, for the purpose of enabling such
individuals to participate in activities described in paragraphs (2),
(3), or (4) of section 134(d) of such Act.
    (h) Use of Available Funds.--With the approval of the Secretary of
Labor, any State may use funds that remain available for expenditure
under any grants awarded to the State under section 173 of the
Workforce Investment Act of 1998 (29 U.S.C. 2918) or under this
section, to provide any assistance authorized under such section 173 or
this section, or personal protective equipment not otherwise available
through public funds or private contributions, to assist workers
affected by Hurricane Katrina, including workers who have relocated
from areas for which an emergency or major disaster (as defined in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) was declared, due to the effects of
Hurricane Katrina.
    (i) Expanded Eligibility for Employment and Training Activities.--
            (1) In general.--In awarding national emergency grants
        under section 173(a)(1) of the Workforce Investment Act of 1998
        (29 U.S.C. 2918(a)(1)), the Secretary may award such a grant to
        an entity to provide employment and training assistance
        available under section 173(a)(1) of such Act to workers
        affected by Hurricane Katrina, including workers who have
        relocated from areas for which an emergency or major disaster
        (as defined in section 102 of the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5122)) was
        declared, due to the effects of Hurricane Katrina.
            (2) Eligible entity.--In this subsection, the term
        ``entity'' means a State, a local board (as defined in section
        101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)),
        or an entity described in section 166(c) of such Act (29 U.S.C.
        2911(c)), that submits an application for assistance described
        in section 173(a)(1) of the Workforce Investment Act of 1998 to
        address the effects of Hurricane Katrina.

SEC. 3. SENSE OF CONGRESS.

    (a) Mobile One-Stop Centers.--It is the sense of Congress that
States that operate mobile one-stop centers, established as part of
one-stop delivery systems authorized under subtitle B of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq.) should, where
possible, make such centers available for use in the areas affected by
Hurricane Katrina, and areas where large numbers of workers affected by
Hurricane Katrina have been relocated.
    (b) Expanded Operational Hours.--It is the sense of Congress that
one-stop operators (as such term is defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C. 2801) should increase
access for workers affected by Hurricane Katrina to the one-stop
delivery systems authorized under subtitle B of title I of such Act,
including through the implementation of expanded operational hours at
one-stop centers and on-site services for individuals in temporary
housing locations.

Output:
Hurricane Katrina Employment and Training Assistance Act - Allows national emergency grant funds to states under the Workforce Investment Act of 1998 (WIA) for addressing the effects of Hurricane Katrina (HK) to be used to provide disaster relief employment on projects that provide assistance in areas outside of the HK-disaster area.

Allows such funds to be used to provide disaster relief employment and other WIA assistance, or temporary general public sector employment, to HK-affected individuals, including those who have relocated from states in the disaster area, who were unemployed at the time of the disaster, or who are without employment history, in addition those who meet WIA eligibility requirements.

 Limits such general public sector employment to not more than six months in addition to such disaster relief employment. Authorizes the Secretary of Labor, however, to extend the duration of employment under this Act and WIA for up to an additional six months due to extraordinary circumstances.

 Directs the Secretary, in awarding WIA national emergency grants for disaster relief employment, to give priority: (1) first, to states with major disaster areas; and (2) second, to the remaining states that have been most heavily impacted by the demand for services by HK-affected workers.

 Prohibits an entity that is providing such disaster relief employment from denying such employment because of an HK-affected worker's inability, due to HK's effects, to provide documentation of eligibility.

 Allows any state, with the Secretary's approval, to use available WIA national emergency grant funds to assist HK-affected workers, including those who have relocated from states in the HK-disaster area.

 Authorizes the Secretary to award a WIA national emergency grant for employment and training assistance (ETA) for dislocated workers to an eligible entity to provide ETA to HK-affected workers, including workers who have relocated from HK-disaster areas.

 (Sec. 3) Expresses the sense of Congress that: (1) states operating one-stop centers should make them available for use in HK-affected areas and areas where large numbers of HK's victims have been relocated; and (2) one-stop operators should increase access for HK-affected individuals, including through expanded operational hours and on-site services for those in temporary housing locations.


Input:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Green Jobs and
Infrastructure Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
       TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM

Sec. 101. Clean technology manufacturing incentive program.
 TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM

Sec. 201. Advanced technology vehicles manufacturing incentive program.
       TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS

Sec. 301. Energy efficiency and conservation block grants.
                      TITLE IV--GREEN ENERGY JOBS

Sec. 401. Clean Energy Service Corps.
Sec. 402. Green jobs.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of Energy.

       TITLE I--CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM

SEC. 101. CLEAN TECHNOLOGY MANUFACTURING INCENTIVE PROGRAM.

    (a) Loans.--The Secretary shall provide loans to manufacturers to
help finance the cost of--
            (1) reequipping, expanding, or establishing (including
        applicable engineering costs) a manufacturing facility in the
        United States to produce clean technology products and the
        significant component parts of those products, including--
                    (A) wind turbines;
                    (B) solar energy products;
                    (C) fuel cells;
                    (D) advanced batteries and storage devices;
                    (E) biomass engines;
                    (F) geothermal equipment;
                    (G) ocean energy equipment;
                    (H) carbon capture and storage;
                    (I) energy efficiency products, including
                appliances and products that are used to increase
                energy efficiency by at least 30 percent over a
                baseline product (and significant components of the
                appliances and products), subject to the condition that
                the parts shall be integral to the overall efficiency
                of the end product; and
                    (J) products for retrofitting a manufacturing
                facility to improve industrial processes and create
                greater energy efficiency through the use of
                technologies, including--
                            (i) combined heat and power systems;
                            (ii) natural gas pressure recovery;
                            (iii) advanced cogeneration;
                            (iv) gasification;
                            (v) anaerobic digestion; and
                            (vi) landfill gas recovery; and
            (2) improving the energy-efficiency of the industrial
        processes of the manufacturers other than through the
        production of products and component parts described in
        paragraph (1)(J).
    (b) Period of Availability.--A loan under subsection (a) shall
apply to--
            (1) facilities and equipment placed in service before
        December 30, 2012; and
            (2) clean technology retooling costs, retrofitting costs,
        worker training costs, and other costs described in subsection
        (a) incurred during the period beginning on the date of
        enactment of this Act and ending on December 30, 2020.
    (c) Direct Loan Program.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, subject to the availability of
        appropriated funds, the Secretary shall carry out a program to
        provide a total of not more than $50,000,000,000 in loans to
        eligible individuals and entities (as determined by the
        Secretary) for the costs of activities described in subsection
        (a).
            (2) Application.--An applicant for a loan under this
        section shall submit to the Secretary an application at such
        time, in such manner, and containing such information as the
        Secretary may require, including a written assurance that the
        wages and benefits that will be provided to each individual
        that is employed by the applicant (including a contractor or
        subcontractor) in carrying out activities described in
        subsection (a) are at least equal to the average in the area,
        as determined by the Secretary.
            (3) Selection of eligible projects.--The Secretary shall
        select eligible projects to receive loans under this subsection
        in cases in which, as determined by the Secretary, the loan
        recipient--
                    (A) has a viable market for the product or
                component described in subsection (a);
                    (B) will provide sufficient information to the
                Secretary for the Secretary to ensure that the
                qualified investment is expended efficiently and
                effectively;
                    (C) will provide such information as the Secretary
                may request to demonstrate that the qualified
                investment will preserve or create jobs; and
                    (D) has met such other criteria as may be
                established and published by the Secretary.
            (4) Rates, terms, and repayment of loans.--A loan provided
        under this subsection--
                    (A) shall have an interest rate that, as of the
                date on which the loan is made, is equal to the cost of
                funds to the Department of the Treasury for obligations
                of comparable maturity;
                    (B) shall have a term equal to the lesser of--
                            (i) the projected life, in years, of the
                        eligible project to be carried out using funds
                        from the loan, as determined by the Secretary;
                        and
                            (ii) 25 years;
                    (C) may be subject to a deferral in repayment for
                not more than 5 years after the date on which the
                eligible project carried out using funds from the loan
                first begins operations, as determined by the
                Secretary;
                    (D) shall be made by the Federal Financing Bank;
                and
                    (E) shall be repaid in full if the loan recipient
                moves production of activities described in subsection
                (a) outside of the United States during the term of the
                loan.
            (5) Fees.--Administrative costs shall be no more than
        $100,000 or 10 basis point of the loan.
    (d) Priority.--In making loans to manufacturers under this section,
the Secretary--
            (1) shall give priority to those facilities that are
        located in regions with the highest unemployment rates; and
            (2) may provide awards or loan to facilities that are idle.
    (e) Manufacturing Extension Partnership Program.--In carrying out
this section, the Secretary shall coordinate with the Secretary of
Commerce in carrying out the Manufacturing Extension Partnership
program established under sections 25 and 26 of the National Institute
of Standards and Technology Act (15 U.S.C. 278k, 278l).
    (f) Funding.--
            (1) In general.--Notwithstanding any other provision of
        law, not later than 30 days after the date of enactment of this
        Act, on October 1, 2009, and on each October 1 thereafter
        through October 1, 2012, out of any funds in the Treasury not
        otherwise appropriated, the Secretary of the Treasury shall
        transfer to the Secretary for the cost of loans and loan
        guarantees to carry out this section such sums as are necessary
        to provide the amount of loans authorized under subsection
        (c)(1), to remain available until expended.
            (2) Receipt and acceptance.--The Secretary shall be
        entitled to receive, shall accept, and shall use to carry out
        this section the funds transferred under paragraph (1), without
        further appropriation.

 TITLE II--ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM

SEC. 201. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE PROGRAM.

    Section 136 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17013) is amended--
            (1) in subsection (b), by striking ``30 percent'' and
        inserting ``80 percent''; and
            (2) in subsection (i)--
                    (A) by striking ``(i) Authorization of
                Appropriations.--There'' and inserting the following:
    ``(i) Funding.--
            ``(1) Authorization of appropriations.--There''; and
                    (B) by adding at the end the following:
            ``(2) Mandatory funding.--
                    ``(A) In general.--Notwithstanding any other
                provision of law, not later than 30 days after the date
                of enactment of this paragraph, out of any funds in the
                Treasury not otherwise appropriated, the Secretary of
                the Treasury shall transfer to the Secretary for the
                cost of awards and loans to carry out this section
                $1,000,000,000, to remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall
                be entitled to receive, shall accept, and shall use to
                carry out this section the funds transferred under
                subparagraph (A), without further appropriation.''.

       TITLE III--ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS

SEC. 301. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS.

    Section 548 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17158) is amended by striking subsection (a) and inserting the
following:
    ``(a) Mandatory Funding.--
            ``(1) In general.--Not later than 30 days after the date of
        enactment of the Green Jobs and Infrastructure Act of 2009, on
        October 1, 2009, and on each October 1 thereafter through
        October 1, 2011, out of any funds in the Treasury not otherwise
        appropriated, the Secretary of the Treasury shall transfer to
        the Secretary to carry out the program $10,000,000,000, to
        remain available until expended.
            ``(2) Receipt and acceptance.--The Secretary shall be
        entitled to receive, shall accept, and shall use to carry out
        the program the funds transferred under paragraph (1), without
        further appropriation.
            ``(3) Allocation of grants funds.--Of the amount of funds
        made available for grants under the program for a fiscal year
        under this subsection--
                    ``(A) 49 percent of the amount shall be distributed
                using the definition of eligible unit of local
                government-alternative 1 in section 541(3)(A); and
                    ``(B) 49 percent of the amount shall be distributed
                using the definition of eligible unit of local
                government-alternative 2 in section 541(3)(B).''.

                      TITLE IV--GREEN ENERGY JOBS

SEC. 401. CLEAN ENERGY SERVICE CORPS.

    Section 122(a) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)) is amended--
            (1) by redesignating paragraph (15) as paragraph (16); and
            (2) by inserting after paragraph (14) the following:
            ``(15) A Clean Energy Service Corps program in which--
                    ``(A) participants--
                            ``(i) encourage or promote clean energy
                        technologies; or
                            ``(ii) enable communities and nonprofit
                        organizations to assist business owners and
                        households in matters relating to clean energy
                        technologies, and in becoming more energy
                        efficient; and
                    ``(B) priority is provided for programs that enroll
                corps participants who will be trained for careers that
                promote a sustainable economy.''.

SEC. 402. GREEN JOBS.

    Section 171(e)(8) of the Workforce Investment Act of 1998 (29
U.S.C. 2916(e)(8)) is amended--
            (1) by redesignating subparagraphs (A), (B), and (C) as
        clauses (i), (ii), and (iii), respectively, and indenting
        appropriately; and
            (2) by striking ``(8)'' and all that follows through ``of
        which--'' and inserting the following:
            ``(8) Funding.--
                    ``(A) Mandatory funding.--
                            ``(i) In general.--Not later than 30 days
                        after the date of enactment of the Green Jobs
                        and Infrastructure Act of 2009, out of any
                        funds in the Treasury not otherwise
                        appropriated, the Secretary of the Treasury
                        shall transfer to the Secretary to carry out
                        this subsection $625,000,000, to remain
                        available until expended.
                            ``(ii) Receipt and acceptance.--The
                        Secretary shall be entitled to receive, shall
                        accept, and shall use to carry out this
                        subsection the funds transferred under clause
                        (i), without further appropriation.
                    ``(B) Discretionary funding.--There is authorized
                to be appropriated to carry out this subsection
                $125,000,000 for fiscal year 2010 and each subsequent
                fiscal year.
                    ``(C) Allocation.--Of the amount available under
                subparagraph (A) or (B) for a fiscal year--''.

Output:
Green Jobs and Infrastructure Act of 2009 - Requires the Secretary of Energy (Secretary) to provide loans to manufacturers to help finance the cost of: (1) re-equipping, expanding, or establishing (including applicable engineering costs) a manufacturing facility in the United States to produce clean technology products and the significant component parts of those products; and (2) improving the energy efficiency of the industrial processes of the manufacturers other than through the production of products and component parts. Applies such loans to: (1) facilities and equipment placed in service before December 30, 2012; and (2) costs that were incurred from this Act's enactment to December 30, 2020. Requires the Secretary to: (1) implement a program to provide up to $50 billion in loans to eligible individuals and entities for such costs; and (2) give priority to those facilities that are located in regions with the highest unemployment rates. Authorizes the Secretary to provide awards or loans to facilities that are idle.

Amends the Energy Independence and Security Act of 2007 to: (1) increase from 30% to 80% the portion of the manufacturing facility and engineering integration costs to be awarded under the advanced technology vehicles manufacturing incentive program; (2) require the Secretary of the Treasury to transfer $1 billion to carry out such program; and (3) require the Secretary of the Treasury to transfer $10 billion on October 1 of 2009, 2010, and 2011 to carry out the Energy Efficiency and Conservation Block Grants program (specifies how such funds are to be allocated).

Amends the National and Community Service Act of 1990 to include a Clean Energy Service Corps program among the types of national service programs eligible for assistance under such Act.

Amends the Workforce Investment Act to require the Secretary of the Treasury to transfer $625 million to carry out the energy efficiency and renewable energy worker training program.


Input:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fire Sprinkler Incentive Act of
2004''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) since the publication of the original study and
        comprehensive list of recommendations in America Burning,
        written in 1974, requested advances in fire prevention through
        the installation of automatic sprinkler systems in existing
        buildings have yet to be fully implemented;
            (2) fire departments responded to approximately 1,700,000
        fires in 2001;
            (3) there were 3,745 non-terrorist related deaths in the
        United States and almost 21,000 civilian injuries resulting
        from fire in 2001;
            (4) 99 firefighters were killed in 2001, excluding the
        terrorist acts on September 11th;
            (5) fire caused $8,900,000,000 in direct property damage in
        2001, and sprinklers are responsible for a 43 to 70 percent
        reduction in property damage from fires in public assembly,
        educational, residential, commercial, industrial and
        manufacturing buildings;
            (6) fire departments respond to a fire every 18 seconds, a
        fire breaks out in a structure every 60 seconds and in a
        residential structure every 80 seconds in the United States;
            (7) the Station Nightclub in West Warwick, Rhode Island,
        did not contain an automated sprinkler system and burned down,
        killing 99 people on February 20, 2003;
            (8) due to an automated sprinkler system, not a single
        person was injured from a fire beginning in the Fine Line Music
        Cafe in Minneapolis after the use of pyrotechnics on February
        17, 2003;
            (9) the National Fire Protection Association has no record
        of a fire killing more than 2 people in a completely
        sprinklered public assembly, educational, institutional or
        residential building where the system was properly installed
        and fully operational;
            (10) sprinkler systems dramatically improve the chances of
        survival of those who cannot save themselves, specifically
        older adults, young children and people with disabilities;
            (11) the financial cost of upgrading fire counter measures
        in buildings built prior to fire safety codes is prohibitive
        for most property owners;
            (12) many State and local governments lack any requirements
        for new structures to contain automatic sprinkler systems;
            (13) under the present straight-line method of
        depreciation, there is a disincentive for building safety
        improvements due to an extremely low rate of return on
        investment; and
            (14) the Nation is in need of incentives for the voluntary
        installation and retrofitting of buildings with automated
        sprinkler systems to save the lives of countless individuals
        and responding firefighters as well as drastically reduce the
        costs from property damage.

SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS.

    (a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to 5-year property) is amended
by striking ``and'' at the end of clause (V), by striking the period at
the end of clause (vi) and inserting ``, and '', and by adding at the
end the following:
                            ``(vii) any automatic fire sprinkler system
                        placed in service after the date of the
                        enactment of this clause in a building
                        structure which was placed in service before
                        such date of enactment.''.
    (b) Alternative Sysem.--The table contained in section 168(g)(3)(B)
of the Internal Revenue Code of 1986 is amended by inserting after the
third item the following:

``(B)(vii)..................................................       7''.
    (c) Definition of Automatic Fire Sprinkler System.--Subsection (i)
of section 168 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
            ``(15) Automated fire sprinkler system.--The term
        `automated fire sprinkler system' means those sprinkler systems
        classified under one or more of the following publications of
        the National Fire Protection Association--
                    ``(A) NFPA 13, Installation of Sprinkler Systems,
                    ``(B) NFPA 13 D, Installation of Sprinkler Systems
                in One and Two Family Dwellings and Manufactured Homes,
                and
                    ``(C) NFPA 13 R, Installation of Sprinkler Systems
                in Residential Occupancies up to and Including Four
                Stories in Height.''.
    (d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.

Output: Fire Sprinkler Incentive Act of 2004 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. .


Input:
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.

    (a) Short Title.--This Act may be cited as the ``S Corporation
Investment Act of 1995''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.

SEC. 2. S CORPORATIONS PERMITTED TO HAVE 40 SHAREHOLDERS.

    Subparagraph (A) of section 1361(b)(1) (defining small business
corporation) is amended by striking ``35 shareholders'' and inserting
``40 shareholders''.

SEC. 3. MEMBERS OF FAMILY TREATED AS 1 SHAREHOLDER.

    Paragraph (1) of section 1361(c) (relating to special rules for
applying subsection (b)) is amended to read as follows:
            ``(1) Members of family treated as 1 shareholder.--
                    ``(A) In general.--For purposes of subsection
                (b)(1)(A)--
                            ``(i) except as provided in clause (ii), a
                        husband and wife (and their estates) shall be
                        treated as 1 shareholder, and
                            ``(ii) in the case of a family with respect
                        to which an election is in effect under
                        subparagraph (E), all members of the family
                        shall be treated as 1 shareholder.
                    ``(B) Members of the family.--For purposes of
                subparagraph (A)(ii), the term `members of the family'
                means the lineal descendants of the common ancestor and
                the spouses (or former spouses) of such lineal
                descendants or common ancestor.
                    ``(C) Common ancestor.--For purposes of this
                paragraph, an individual shall not be considered a
                common ancestor if, as of the later of the effective
                date of this paragraph or the time the election under
                section 1362(a) is made, the individual is more than 4
                generations removed from the youngest generation of
                shareholders.
                    ``(D) Effect of adoption, etc.--In determining
                whether any relationship specified in subparagraph (B)
                or (C) exists, the rules of section 152(b)(2) shall
                apply.
                    ``(E) Election.--An election under subparagraph
                (A)(ii)--
                            ``(i) must be made with the consent of all
                        shareholders,
                            ``(ii) shall remain in effect until
                        terminated, and
                            ``(iii) shall apply only with respect to 1
                        family in any corporation.''

SEC. 4. INCREASE IN PASSIVE INCOME PERMITTED.

    (a) Termination Provision.--Paragraph (3) of section 1362(d)
(relating to termination) is amended by striking ``25 percent'' in the
heading and in subparagraph (A)(i) and inserting ``40 percent''.
    (b) Tax on Former C Corporations.--
            (1) Subsections (a)(2) and (b)(1)(A)(i) of section 1375
        (relating to tax imposed when passive investment income of
        corporation having subchapter C earnings and profits exceeds 25
        percent of gross receipts) are each amended by striking ``25
        percent'' and inserting ``40 percent''.
            (2) The heading of section 1375 is amended by striking ``25
        percent'' and inserting ``40 percent''.
            (3) The table of sections for part III of subchapter S of
        chapter 1 is amended by striking ``25 percent'' and inserting
        ``40 percent'' in the item relating to section 1375.

SEC. 5. REINVESTMENT RESERVE.

    (a) In General.--Part III of subchapter S of chapter 1 (relating to
special rules) is amended by adding at the end the following new
section:

``SEC. 1376. REINVESTMENT RESERVE.

    ``(a) In General.--In the case of an S corporation, at the election
of such corporation, there shall be allowed as a deduction for the
taxable year an amount equal to the payments made by the corporation
during such taxable year to a reinvestment reserve.
    ``(b) Limitation.--The amount which an S corporation may pay into
its reinvestment reserve for any taxable year shall not exceed an
amount equal to 3 percent of its taxable income (determined without
regard to this section) for such taxable year.
    ``(c) Reinvestment Reserve.--
            ``(1) In general.--Each S corporation which elects the
        application of this section shall establish a reinvestment
        reserve.
            ``(2) No tax on reserve earnings.--Earnings (including
        gains and losses) from the investment of amounts in the reserve
        shall not be taken into account under this title.
            ``(3) Use of reserve.--The reinvestment reserve shall be
        used exclusively for the acquisition, construction,
        reconstruction, or erection of tangible property to which
        section 168 applies for use in the active conduct of a trade or
        business of the S corporation.
            ``(4) Contributions to reserve.--The reinvestment reserve
        shall not accept any payments (or other amounts) other than
        payments with respect to which a deduction is allowable under
        subsection (a).
            ``(5) Distributions from reserve.--There shall be
        includible in the gross income of the S corporation for any
        taxable year any amount distributed from the reinvestment
        reserve during such taxable year.
            ``(6) Treatment of amounts not withdrawn within 3 years.--
                    ``(A) In general.--Any amount not withdrawn from
                the reinvestment reserve within the 3-year period
                beginning on the date of its deposit shall be treated
                as distributed as of the close of such period.
                    ``(B) Deemed distributions taxed at highest
                marginal rate.--If any amount is treated under
                subparagraph (A) as distributed during any taxable
                year--
                            ``(i) such amount shall be excluded from
                        the gross income of the corporation, and
                            ``(ii) there is hereby imposed on such
                        amount a tax equal to the product of such
                        amount and the highest rate of tax specified in
                        section 1.
                    ``(C) Certain rules to apply.--Rules similar to the
                rules of subparagraphs (B) and (C) of paragraphs (5)
                and (6) of section 7518(g) shall apply for purposes of
                this paragraph.
    ``(d) Time When Payments Deemed Made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to the
reinvestment reserve on the last day of a taxable year if such payment
is made on account of such taxable year and is made with 2\1/2\ months
after the close of such taxable year.''
    (b) Clerical Amendment.--The table of sections for part III of
subchapter S of chapter 1 is amended by adding at the end the following
new section:

                              ``Sec. 1376. Reinvestment reserve.''

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall apply to taxable years
beginning after the date of the enactment of this Act.

Output:
S Corporation Investment Act of 1995 - Amends the Internal Revenue Code to permit small business corporations to have not more than 40 (currently, not more than 35) shareholders, treating members of a family (currently, a husband and wife) as one shareholder.
Terminates a small business corporation's election to be an S corporation when passive investment income exceeds 40 (currently, 25) percent of gross receipts for three consecutive years and other requirements are met.  Imposes a tax when an S corporation has C earnings and profits and has gross receipts more than 40 (currently, 25) percent of which are passive investment income.
Allows S corporations to elect to deduct payments to a reinvestment reserve.