SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Freedom and Mobility in Consumer
Banking Act''.

SEC. 2. CONSUMER RIGHTS WITH RESPECT TO CLOSED ACCOUNTS.

    The Truth in Savings Act (12 U.S.C. 4301 et seq.) is amended--
            (1) by striking section 262 and inserting the following:

``SEC. 262. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) economic stability would be enhanced, competition
        between depository institutions would be improved, and the
        ability of the consumer to make informed decisions regarding
        deposit accounts, and to verify accounts, would be strengthened
        if there were uniformity in the disclosure of terms and
        conditions on which interest is paid and fees are assessed in
        connection with such accounts; and
            ``(2) consumers lack meaningful choices for managing
        household funds because--
                    ``(A) despite dissatisfaction with rising account
                fees at some depository institutions, consumers often
                find it too difficult to move their funds to new
                deposit accounts;
                    ``(B) the process of moving funds to new deposit
                accounts often involves several steps and substantial
                time to complete, and it is not always clear what the
                proper procedures are for closing an account at a given
                depository institution;
                    ``(C) depository institutions have no obligation
                and may lack the technical capabilities to help
                consumers transfer automated deposits or debits from
                old accounts to new accounts, causing delays and
                confusion;
                    ``(D) depository institutions may charge fees to
                close an account and withdraw available funds, which
                can impede banking mobility for low-income consumers;
                and
                    ``(E) some depository institutions have engaged in
                the practice of reopening closed accounts without the
                consent of the consumer.
    ``(b) Purposes.--The purposes of this Act are--
            ``(1) to allow consumers to make a meaningful comparison
        between competing claims of depository institutions with regard
        to deposit accounts by requiring the clear and uniform
        disclosure of--
                    ``(A) the rates of interest that are payable on
                deposit accounts by depository institutions; and
                    ``(B) the fees that are assessable against deposit
                accounts; and
            ``(2) to protect rights of consumers by providing a
        framework establishing the rights, liabilities, and
        responsibilities of depository institutions and consumers in
        closing procedures for certain types of consumer deposit
        accounts.'';
            (2) by inserting after section 268 the following:

``SEC. 268A. CLOSURE OF COVERED ACCOUNTS.

    ``(a) In General.--A depository institution may not--
            ``(1) prohibit a consumer from closing a covered account at
        the depository institution, regardless of whether the balance
        in the covered account is positive, zero, or negative;
            ``(2) charge any fee to close a covered account; or
            ``(3) reopen a covered account that a consumer has
        requested to be closed in accordance with this section to apply
        subsequent debits, whether preauthorized or otherwise, or for
        any other reason, unless the consumer expressly requests that
        the covered account be reopened.
    ``(b) Disclosures Required.--A depository institution shall provide
to any consumer that opens a covered account at the depository
institution a description of the policies and procedures that the
depository institution has in place to close a covered account--
            ``(1) at the time the consumer opens the covered account;
            ``(2) at any time, upon request of a consumer; and
            ``(3) on the website of the depository institution.
    ``(c) Regulations Relating to Closure of Covered Accounts.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this section, the Bureau, after consultation with
        each agency referred to in section 270(a), and public notice
        and opportunity for comment, shall prescribe final regulations
        to carry out this section.
            ``(2) Content.--The regulations required by this subsection
        shall--
                    ``(A) require that a depository institution close a
                covered account not later than 5 business days after
                the date on which a consumer makes a request to close
                the covered account, except that the closure of the
                covered account may be delayed--
                            ``(i) if a Federal or State law enforcement
                        agency notifies the depository institution that
                        the closure will interfere with a criminal
                        investigation; or
                            ``(ii) pursuant to any other exception that
                        the Bureau determines is appropriate;
                    ``(B) prescribe the methods by which a consumer may
                make a request to a depository institution to close a
                covered account, which, except as provided in
                subparagraph (C), shall include requests made in
                person, over the phone, or by other electronic or
                remote means;
                    ``(C) allow a depository institution to require
                that a request by a consumer to close a covered account
                shall be made in person if the covered account contains
                an amount on deposit exceeding a certain monetary
                threshold, as determined and established by the Bureau;
                    ``(D) establish procedures that require a
                depository institution to positively verify the
                identity of a consumer requesting to close a covered
                account before the depository institution closes the
                covered account, including procedures for a depository
                institution to follow if the depository institution is
                unable to verify the identity of the consumer;
                    ``(E) establish procedures for a depository
                institution to provide a consumer with the funds
                contained in a covered account that the consumer has
                requested to close, which shall include procedures--
                            ``(i) that ensure that the consumer whose
                        identity has been positively verified by the
                        depository institution has access to any funds
                        available for withdrawal at the time the
                        consumer makes a request to the depository
                        institution to close the covered account;
                            ``(ii) that establish a reasonable amount
                        of time for the depository institution to remit
                        to the consumer the remainder of any funds in
                        the closed covered account, including funds
                        that are subject to a dispute between the
                        depository institution and the consumer; and
                            ``(iii) that allow a consumer whose
                        identity has been positively verified by the
                        depository institution to receive available
                        funds from a covered account that the consumer
                        has requested to close in the form of--
                                    ``(I) a cashier's check provided to
                                the consumer;
                                    ``(II) an electronic funds transfer
                                to an account designated by the
                                consumer;
                                    ``(III) any means offered by the
                                depository institution that the
                                consumer has requested; or
                                    ``(IV) any means that the Bureau
                                determines appropriate;
                    ``(F) except as provided under subparagraph (G),
                prohibit a depository institution from imposing any fee
                or charge on a covered account at the depository
                institution after the consumer has requested to close
                the covered account;
                    ``(G) allow a depository institution to assess an
                overdraft fee after a consumer has requested to close a
                covered account, if such overdraft fee is associated
                with a transaction that was initiated by the consumer
                before the date on which the consumer made a request to
                the depository institution to close the covered
                account;
                    ``(H) not limit the ability of a consumer to earn
                interest that a covered account had accrued before the
                date on which the consumer made a request to the
                depository institution to close the covered account;
                    ``(I) establish procedures for a depository
                institution and a consumer to follow if a personal
                check written by the consumer is deposited by a person
                other than the consumer after the date on which the
                consumer has closed a covered account;
                    ``(J) require the depository institution to provide
                the consumer with certain information before the
                depository institution closes a covered account of the
                consumer, including--
                            ``(i) a list of any preauthorized
                        transactions relating to the covered account
                        that occurred within the 60 days preceding the
                        date on which the consumer made a request to
                        the depository institution to close the covered
                        account;
                            ``(ii) a list of any preauthorized
                        transactions scheduled to occur in the 60 days
                        after the date on which the consumer made a
                        request to the depository institution to close
                        the covered account;
                            ``(iii) a list of any direct deposits into
                        the covered account in the 60 days preceding
                        the date on which the consumer made a request
                        to the depository institution to close the
                        covered account; and
                            ``(iv) any other information that the
                        Bureau determines is necessary to provide
                        consumers with adequate information about
                        potential preauthorized activity relating to
                        the covered account;
                    ``(K) prohibit a depository institution from
                reporting an outstanding balance or any other adverse
                information with respect to a covered account at the
                depository institution to any consumer reporting
                agency, as defined in section 603(f) of the Fair Credit
                Reporting Act (15 U.S.C. 1681a), if--
                            ``(i) at the time the covered account is
                        closed, the covered account has a negative
                        balance resulting solely from any fee assessed
                        by the depository institution; and
                            ``(ii) that information could be used to
                        adversely affect the ability of the consumer to
                        open an account at another depository
                        institution;
                    ``(L) establish the terms under which a depository
                institution may report that a covered account had a
                negative balance at the time of the closure of the
                covered account to a consumer reporting agency, as
                defined in section 603(f) of the Fair Credit Reporting
                Act (15 U.S.C. 1681a), if the depository institution--
                            ``(i) notifies the consumer of the negative
                        balance; and
                            ``(ii) provides the consumer with a
                        reasonable period of time, as determined and
                        established by the Bureau, to repay the
                        negative balance; and
                    ``(M) include any other provisions, guidance, or
                exceptions that the Bureau determines are appropriate
                in order to facilitate the purposes of this section.
    ``(d) Study; Rulemaking.--
            ``(1) Study.--
                    ``(A) In general.--The Comptroller General of the
                United States shall conduct a study to determine
                additional barriers that could limit the ability of a
                consumer to close a covered account.
                    ``(B) Contents of study.--The study required under
                paragraph (1) shall include, at a minimum, analysis
                of--
                            ``(i) potential reforms to payment clearing
                        and settlement systems that would enable
                        depository institutions to notify consumers if
                        a preauthorized recurring debit is directed to
                        a covered account after the covered account has
                        been closed;
                            ``(ii) potential reforms to payment
                        clearing and settlement systems that would
                        automatically transfer any direct deposit,
                        preauthorized transaction, or other similar
                        scheduled activity relating to a closed covered
                        account to another account designated by the
                        consumer;
                            ``(iii) other factors, including
                        technological barriers, in payment clearing and
                        scheduling systems that limit the ability of
                        consumers to efficiently close a covered
                        account and transfer funds to another account;
                        and
                            ``(iv) recommendations to Congress and the
                        appropriate Federal banking agencies, including
                        steps that the appropriate Federal banking
                        agencies could take through rulemaking to
                        facilitate the automatic transfer of funds from
                        a closed covered account to another account
                        designated by the consumer.
                    ``(C) Report.--Not later than 1 year after the date
                of enactment of this subsection, the Comptroller
                General shall issue a report to the Congress and the
                Bureau of Consumer Financial Protection on the study
                required under subparagraph (A), including any findings
                and determinations made by the Comptroller General in
                carrying out such study.
            ``(2) Rulemaking.--Not later than 1 year after the Bureau
        receives the report issued under paragraph (1)(C) the Bureau
        shall--
                    ``(A) determine whether regulations should be
                issued to remove barriers that limit the ability of a
                consumer to close a covered account; and
                    ``(B) if the Bureau determines that such
                regulations should be issued, the Bureau shall, in
                consultation with each agency referred to in section
                270(a), and after public notice and opportunity for
                comment, issue such regulations.''; and
            (3) in section 274, by adding at the end the following:
            ``(9) Available for withdrawal.--The term `available for
        withdrawal', with respect to funds deposited, means available
        for all uses generally permitted to the customer for actually
        and finally collected funds under the account agreement with
        the depository institution or policies of the depository
        institution, such as for payment of checks drawn on the
        account, certification of checks drawn on the account,
        electronic payments, withdrawals by cash, and transfers between
        accounts.
            ``(10) Covered account.--The term `covered account' means
        any checking, savings, or any other account that the Bureau may
        include, by regulation.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fusion Energy Research Authorization
Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) by the year 2050, the world will need to supply between
        2 and 3 times as much energy as is presently produced to meet
        minimum requirements for food, shelter, transportation, and
        economic security;
            (2) meeting the increased energy demands of the year 2050
        cannot be achieved without substantial environmental
        degradation unless there is a massive shift from dependence on
        the fossil fuels which today provide more than three-quarters
        of all energy supply;
            (3) a wide variety of nonfossil fuel energy technologies
        must be developed to meet the expected demand of the year 2050;
            (4) the Federal Government has a responsibility to fund
        research in energy technologies to help meet future expected
        energy demand where the technical or economic risks of
        developing such technologies are too high to be borne solely by
        the private sector;
            (5) despite the urgent need to develop a wide variety of
        nonfossil fuel energy technologies, the Federal Government's
        investment in all energy supply research and development
        (including fossil fuels) has declined in real terms by more
        than two-thirds in the last 14 years;
            (6) fusion energy is one of the nonfossil fuel technologies
        which could potentially provide safe, abundant, environmentally
        sound, secure, and affordable energy supplies in the future;
            (7) in the last 16 years, fusion energy researchers have
        made significant progress toward realizing magnetic fusion as a
        viable source of energy, increasing power production from test
        reactors more than a million-fold over that time period;
            (8) while significant engineering, technical, and
        scientific challenges remain to make fusion energy commercially
        viable, limited funding remains the primary constraint to more
        rapid progress;
            (9) the technical risks and the long time scale needed to
        demonstrate the commercial viability of fusion energy will
        likely require a stable, predictable, and sustained investment
        of government funding for decades to come;
            (10) while magnetic fusion is the leading fusion
        technology, research on alternative fusion concepts should
        continue to be supported;
            (11) opportunities to participate in international fusion
        experiments can dramatically lower the cost to the Federal
        Government of fusion energy research;
            (12) the United States must demonstrate that it is a
        credible partner in international scientific programs by being
        able to make and keep long-term commitments to funding and
        participation; and
            (13) the United States should commit to participating in
        the siting, construction, and operation of ITER as soon as
        practicable.

SEC. 3. PURPOSES.

    The purposes of this Act are to--
            (1) provide direction and authorize appropriations for a
        broadly based fusion energy research program at the Department
        of Energy which includes development of the magnetic fusion
        program and research on alternative fusion concepts;
            (2) provide an accelerated commitment to United States
        participation in ITER and provide authorization of
        appropriations for such activity contingent on meeting program
        milestones;
            (3) provide for the selection of a host country and
        establish a site selection process for ITER; and
            (4) provide a stable basis of funding for multi-year fusion
        energy research facility construction commitments through the
        establishment of a trust fund.

SEC. 4. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``alternative fusion concepts'' means any
        concepts for the production of energy based on the fusing of
        atomic nuclei other than toroidal magnetic fusion concepts,
        including heavy ion inertial fusion, aneutronic fusion, and
        electrostatic fusion;
            (2) the term ``Department'' means the Department of Energy;
            (3) the term ``Fusion Energy Research Program'' means the
        program described in section 5;
            (4) the term ``international partners'' means the United
        States, the European Atomic Energy Community, Japan, and the
        Russian Federation;
            (5) the term ``ITER'' means the International Thermonuclear
        Experimental Reactor;
            (6) the term ``magnetic fusion'' means fusion based on
        toroidal confinement concepts;
            (7) the term ``Secretary'' means the Secretary of Energy;
        and
            (8) the term ``Tokamak Physics Experiment'' means a
        facility to replace the Tokamak Fusion Test Reactor which is
        designed to be capable of conducting experiments on reactions
        with a pulse length of at least 15 minutes and demonstrating a
        more compact and efficient magnetic fusion reactor design.

SEC. 5. FUSION ENERGY RESEARCH PROGRAM.

    (a) Fusion Program.--The Secretary shall carry out in accordance
with the provisions of this Act a Fusion Energy Research Program,
including research, development, and demonstration to demonstrate the
technical and economic feasibility of producing safe, environmentally
sound, and affordable energy from fusion.
    (b) Program Goals.--The goal of the Fusion Energy Research Program
is to demonstrate by the year 2010 the practicability of commercial
electric power production and to lead to commercial production of
fusion energy by the year 2040.
    (c) Program Elements.--The Fusion Energy Research Program shall
consist of the following elements:
            (1) Research, development, and demonstration on magnetic
        fusion energy technology, including--
                    (A) research on plasma physics and control,
                confinement, ignition, and burning;
                    (B) the design, construction, and operation of
                experimental fusion reactors, including the Tokamak
                Physics Experiment, and the development of special
                materials for such reactors, the facilities to develop
                such materials, and the development of components which
                support the operation of such reactors, such as
                diagnostic and remote maintenance equipment; and
                    (C) participation by the United States industrial
                sector in the design and construction of fusion
                reactors, and cooperation with utilities.
            (2) Research, development, and demonstration of alternative
        fusion concepts, to be administered through an Assistant
        Director for Alternative Fusion Research, including research
        and development needed to build and test an Induction Linac
        Systems Experiment for the purpose of developing heavy ion
        inertial fusion energy.
            (3) Participation in the design, construction, and
        operation of ITER with the goal of ITER becoming operational by
        the year 2005.

SEC. 6. INDEPENDENT REVIEW OF FUSION TECHNOLOGIES.

    Within 6 months after the date of enactment of this Act, the
Secretary shall contract with the National Academy of Sciences to
conduct a study which examines the various magnetic fusion technologies
and alternative fusion concepts to assess their current state of
development, evaluates the potential of such technologies and concepts
to become commercially viable sources of energy in the future, and
identifies the research and development goals and priorities, and the
range of probable costs and time scales, needed to achieve commercial
viability.

SEC. 7. ITER SITE SELECTION PROCESS.

    (a) ITER Study and Report.--Within 120 days after the date of
enactment of this Act, the Secretary shall submit to Congress a study
which compares the technical and scientific advantages and
disadvantages and the economic costs and benefits to the United States
of siting ITER in the United States with siting ITER outside of the
United States. Such study shall include the consideration of the impact
on employment of constructing ITER in the United States, the effect of
manufacturing major ITER subsystems (such as superconducting magnets)
in the United States, and the effect of siting ITER in the United
States on United States funding requirements for participation in ITER.
    (b) Host-Country Selection.--The Secretary shall seek to reach an
agreement with the international partners which provides for--
            (1) the selection of a host country in which to site ITER
        by October, 1995;
            (2) the equitable distribution of economic and
        technological benefits among the international partners,
        including the construction of ITER and related facilities and
        the manufacture of major ITER subsystems;
            (3) substantial United States industry and utility
        involvement in the design, construction, and operation of ITER
        to ensure United States industry and utility expertise in the
        technologies developed; and
            (4) a schedule to complete site-specific design activities
        by 1998.
    (c) United States Site Selection.--The Secretary shall--
            (1) immediately initiate a process for identifying
        candidate sites within the United States which meet the site
        requirements for the construction and operation of ITER; and
            (2) propose within 90 days after the date of enactment of
        this Act a process for selection of a site within the United
        States by June, 1996, if the United States is selected as the
        host country for ITER pursuant to the international agreement
        described in subsection (b).
    (d) Final Cost Estimate.--The Secretary shall provide to Congress
within 90 days following the completion of site-specific design
activities a detailed estimate of the final projected total cost and
cost to the United States of the construction and operation of ITER
based on final site-specific engineering and construction designs.

SEC. 8. REPORTS AND MISCELLANEOUS PROVISIONS.

    (a) Contingency Plan.--Within 120 days after the date of enactment
of this Act, the Secretary shall submit to Congress a report on the
feasibility of conducting a parallel design effort on the Tokamak
Physics Experiment to augment the capabilities of the Tokamak Physics
Experiment in the event that an international agreement cannot be
reached on the site selection or construction of ITER.
    (b) Program Report.--Within 180 days after the date of enactment of
this Act, and biennially thereafter, the Secretary shall prepare and
submit to the Congress a report on the Fusion Energy Research Program
and the progress it has made in meeting the goals and requirements of
this Act.
    (c) Coordination With Defense Fusion Research Programs.--(1) The
Secretary shall, to the maximum extent practicable, coordinate the
research and development activities of the civilian Inertial Fusion
Energy Program and the defense Inertial Confinement Fusion Program to
maximize the benefits to both programs.
    (2) Within 120 days after the enactment of this Act, the Secretary,
in conjunction with the Secretary of Defense, shall submit a report to
Congress with recommendations for sharing budget and other resources in
order to enhance the civilian energy applications of the defense
Inertial Confinement Fusion Program.
    (d) Repeal.--Section 2114 of the Energy Policy Act of 1992 (Public
Law 102-486) is repealed.

SEC. 9. UNIVERSITY RADIATION SCIENCE AND TECHNOLOGY PROGRAM.

    The Secretary shall combine the Nuclear Engineering Research and
Education Program, the University Research Reactor Program, and the
University Reactor Fuel Assistance Program to form a new University
Radiation Science and Technology Program to be included as a separate
and distinct part of the University and Science Education Program of
the Department.

SEC. 10. FUSION ENERGY FACILITY FUND.

    (a) Establishment of Fees.--The Secretary shall establish a fee,
payable by persons who sell electricity for ultimate consumption, at a
rate of 0.1 mills per kilowatt hour.
    (b) Collection.--The Secretary shall establish procedures for the
collection of such fees. The Secretary may use the services of any
Federal, State, or local agency or instrumentality to collect such
fees, and may reimburse such agency or instrumentality a reasonable
amount for such services.
    (c) Use of Funds.--Funds received under this section shall be
deposited in a separate account in the Treasury, and shall be used, to
the extent provided in advance in appropriation Acts, only for the
design, engineering, and construction of ITER, facilities related to
ITER (including a materials testing facility and a blanket testing
facility) and the Tokamak Physics Experiment.
    (d) Termination of Fees.--The authority to assess and collect fees
under this section shall expire at the earlier of--
            (1) the achievement of a balance in the account established
        under subsection (c) sufficient in the judgment of the
        Secretary to satisfy the obligations of the United States in
        the design, engineering, and construction described in
        subsection (c); or
            (2) the completion of ITER construction.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fusion Energy Research Program.--There are authorized to be
appropriated to the Secretary for carrying out the Fusion Energy
Research Program $380,000,000 for fiscal 1995, $425,000,000 for fiscal
year 1996, $475,000,000 for fiscal year 1997, and such sums as may be
necessary thereafter.
    (b) Alternative Fusion Research.--From the sums authorized in
subsection (a), there are authorized to be appropriated to the
Secretary for carrying out the Alternative Fusion Research Program
under section 5(c)(2), $26,000,000 for fiscal year 1995, $31,000,000
for fiscal year 1996, $31,000,000 for fiscal year 1997, and such sums
as may be necessary thereafter.
    (c) Tokamak Physics Experiment.--The total amount to be
appropriated for the complete design, development, and construction of
the Tokamak Physics Experiment shall not exceed $700,000,000.
    (d) University Radiation Science and Technology Program.--There are
authorized to be appropriated to the Secretary for carrying out the
University Radiation Science and Technology Program $25,000,000 for
fiscal year 1995, $25,000,000 for fiscal year 1996, $25,000,000 for
fiscal year 1997, and such sums as may be necessary thereafter.
    (e) Construction of ITER.--No funds are authorized for the
construction of ITER until the Secretary certifies to the Congress that
there is an international agreement that meets the requirements of
section 7(b), and until the report required under section 7(d) is
provided to Congress.
    (f) Limitation on Magnetic Fusion Facilities.--No funds are
authorized for the design, engineering, or construction of any magnetic
fusion facility other than ITER, facilities related to ITER (including
a materials testing facility and a blanket testing facility) and the
Tokamak Physics Experiment.


SECTION 1. ENVIRONMENTAL INFRASTRUCTURE.

    (a) Jackson County, Mississippi.--Section 219 of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is
amended--
        (1) in subsection (c), by striking paragraph (5) and inserting
    the following:
        ``(5) Jackson county, mississippi.--Provision of an alternative
    water supply and a project for the elimination or control of
    combined sewer overflows for Jackson County, Mississippi.''; and
        (2) in subsection (e)(1), by striking ``$10,000,000'' and
    inserting ``$20,000,000''.
    (b) Manchester, New Hampshire.--Section 219(e)(3) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is
amended by striking ``$10,000,000'' and inserting ``$20,000,000''.
    (c) Atlanta, Georgia.--Section 219(f)(1) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 335) is amended by
striking ``$25,000,000 for''.
    (d) Paterson, Passaic County, and Passaic Valley, New Jersey.--
Section 219(f)(2) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335) is amended by striking ``$20,000,000 for''.
    (e) Elizabeth and North Hudson, New Jersey.--Section 219(f) of the
Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 335)
is amended--
        (1) in paragraph (33), by striking ``$20,000,000'' and
    inserting ``$10,000,000''; and
        (2) in paragraph (34)--
            (A) by striking ``$10,000,000'' and inserting
        ``$20,000,000''; and
            (B) by striking ``in the city of North Hudson'' and
        inserting ``for the North Hudson Sewerage Authority''.

SEC. 2. UPPER MISSISSIPPI RIVER ENVIRONMENTAL MANAGEMENT PROGRAM.

    Section 1103(e)(5) of the Water Resources Development Act of 1986
(33 U.S.C. 652(e)(5)) (as amended by section 509(c)(3) of the Water
Resources Development Act of 1999 (113 Stat. 340)) is amended by
striking ``paragraph (1)(A)(i)'' and inserting ``paragraph (1)(B)''.

SEC. 3. DELAWARE RIVER, PENNSYLVANIA AND DELAWARE.

    Section 346 of the Water Resources Development Act of 1999 (113
Stat. 309) is amended by striking ``economically acceptable'' and
inserting ``environmentally acceptable''.

SEC. 4. PROJECT REAUTHORIZATIONS.

    Section 364 of the Water Resources Development Act of 1999 (113
Stat. 313) is amended--
        (1) by striking ``Each'' and all that follows through the colon
    and inserting the following: ``Each of the following projects is
    authorized to be carried out by the Secretary, and no construction
    on any such project may be initiated until the Secretary determines
    that the project is technically sound, environmentally acceptable,
    and economically justified:'';
        (2) by striking paragraph (1); and
        (3) by redesignating paragraphs (2) through (6) as paragraphs
    (1) through (5), respectively.

SEC. 5. SHORE PROTECTION.

    Section 103(d)(2)(A) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(d)(2)(A)) (as amended by section 215(a)(2) of the Water
Resources Development Act of 1999 (113 Stat. 292)) is amended by
striking ``or for which a feasibility study is completed after that
date,'' and inserting ``except for a project for which a District
Engineer's Report is completed by that date,''.

SEC. 6. COMITE RIVER, LOUISIANA.

    Section 371 of the Water Resources Development Act of 1999 (113
Stat. 321) is amended--
        (1) by inserting ``(a) In General.--'' before ``The''; and
        (2) by adding at the end the following:
    ``(b) Crediting of Reduction in Non-Federal Share.--The project
cooperation agreement for the Comite River Diversion Project shall
include a provision that specifies that any reduction in the non-
Federal share that results from the modification under subsection (a)
shall be credited toward the share of project costs to be paid by the
Amite River Basin Drainage and Water Conservation District.''.

SEC. 7. CHESAPEAKE CITY, MARYLAND.

    Section 535(b) of the Water Resources Development Act of 1999 (113
Stat. 349) is amended by striking ``the city of Chesapeake'' each place
it appears and inserting ``Chesapeake City''.

SEC. 8. CONTINUATION OF SUBMISSION OF CERTAIN REPORTS BY THE SECRETARY
              OF THE ARMY.

    (a) Recommendations of Inland Waterways Users Board.--Section
302(b) of the Water Resources Development Act of 1986 (33 U.S.C.
2251(b)) is amended in the last sentence by striking ``The'' and
inserting ``Notwithstanding section 3003 of Public Law 104-66 (31
U.S.C. 1113 note; 109 Stat. 734), the''.
    (b) List of Authorized but Unfunded Studies.--Section 710(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2264(a)) is amended
in the first sentence by striking ``Not'' and inserting
``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113
note; 109 Stat. 734), not''.
    (c) Reports on Participation of Minority Groups and Minority-Owned
Firms in Mississippi River-Gulf Outlet Feature.--Section 844(b) of the
Water Resources Development Act of 1986 (100 Stat. 4177) is amended in
the second sentence by striking ``The'' and inserting ``Notwithstanding
section 3003 of Public Law 104-66 (31 U.S.C. 1113 note; 109 Stat. 734),
the''.
    (d) List of Authorized but Unfunded Projects.--Section 1001(b)(2)
of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2))
is amended in the first sentence by striking ``Every'' and inserting
``Notwithstanding section 3003 of Public Law 104-66 (31 U.S.C. 1113
note; 109 Stat. 734), every''.

SEC. 9. AUTHORIZATIONS FOR PROGRAM PREVIOUSLY AND CURRENTLY FUNDED.

    (a) Program Authorization.--The program described in subsection (c)
is hereby authorized.
    (b) Authorization of Appropriations.--Funds are hereby authorized
to be appropriated for the Department of Transportation for the program
authorized in subsection (a) in amounts as follows:
        (1) Fiscal year 2000.--For fiscal year 2000, $10,000,000.
        (2) Fiscal year 2001.--For fiscal year 2001, $10,000,000.
        (3) Fiscal year 2002.--For fiscal year 2002, $7,000,000.
    (c) Applicability.--The program referred to in subsection (a) is
the program for which funds appropriated in title I of Public Law 106-
69 under the heading ``FEDERAL RAILROAD ADMINISTRATION'' are available
for obligation upon the enactment of legislation authorizing the
program.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gasoline Price Reduction and
Refinery Tax Fairness Act of 2004''.

SEC. 2. POLICY.

    It is the policy of the United States to take all actions necessary
in the areas of conservation, efficiency, alternative sources,
technology development, and domestic production to reduce the United
States dependence on foreign energy sources by January 1, 2014, to 45
percent of the Nation's total energy needs.

SEC. 3. OIL AND GAS EXPLORATION AND PRODUCTION DEFINED.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
            ``(24) Oil and gas exploration and production.--The term
        `oil and gas exploration, production, processing, or treatment
        operations or transmission facilities' means all field
        activities or operations associated with exploration,
        production, processing, or treatment operations, or
        transmission facilities, including activities necessary to
        prepare a site for drilling and for the movement and placement
        of drilling equipment, whether or not such field activities or
        operations may be considered to be construction activities.''.

SEC. 4. OFFICE OF FEDERAL ENERGY PROJECT COORDINATION.

    (a) Establishment.--The President shall establish the Office of
Federal Energy Project Coordination (referred to in this section as the
``Office'') within the Executive Office of the President in the same
manner and with the same mission as the White House Energy Projects
Task Force established by Executive Order No. 13212 (42 U.S.C. 13201
note).
    (b) Staffing.--The Office shall be staffed by functional experts
from relevant Federal agencies on a nonreimbursable basis to carry out
the mission of the Office.
    (c) Report.--The Office shall transmit an annual report to Congress
that describes the activities put in place to coordinate and expedite
Federal decisions on energy projects. The report shall list
accomplishments in improving the Federal decisionmaking process and
shall include any additional recommendations or systemic changes needed
to establish a more effective and efficient Federal permitting process.

SEC. 5. FEDERAL ONSHORE OIL AND GAS LEASING AND PERMITTING PRACTICES.

    (a) Review of Onshore Oil and Gas Leasing Practices.--
            (1) In general.--The Secretary of the Interior, in
        consultation with the Secretary of Agriculture with respect to
        National Forest System lands under the jurisdiction of the
        Department of Agriculture, shall perform an internal review of
        current Federal onshore oil and gas leasing and permitting
practices.
            (2) Inclusions.--The review shall include the process for--
                    (A) accepting or rejecting offers to lease;
                    (B) administrative appeals of decisions or orders
                of officers or employees of the Bureau of Land
                Management with respect to a Federal oil or gas lease;
                    (C) considering surface use plans of operation,
                including the timeframes in which the plans are
                considered, and any recommendations for improving and
                expediting the process; and
                    (D) identifying stipulations to address site-
                specific concerns and conditions, including those
                stipulations relating to the environment and resource
                use conflicts.
    (b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior and the Secretary of
Agriculture shall transmit a report to Congress that describes--
            (1) actions taken under section 3 of Executive Order No.
        13212 (42 U.S.C. 13201 note); and
            (2) actions taken or any plans to improve the Federal
        onshore oil and gas leasing program.

SEC. 6. MANAGEMENT OF FEDERAL OIL AND GAS LEASING PROGRAMS.

    (a) Timely Action on Leases and Permits.--To ensure timely action
on oil and gas leases and applications for permits to drill on land
otherwise available for leasing, the Secretary of the Interior (in this
section referred to as the ``Secretary'') shall--
            (1) ensure expeditious compliance with section 102(2)(C) of
        the National Environmental Policy Act of 1969 (42 U.S.C.
        4332(2)(C));
            (2) improve consultation and coordination with the States
        and the public; and
            (3) improve the collection, storage, and retrieval of
        information relating to the leasing activities.
    (b) Best Management Practices.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act, the Secretary shall develop and
        implement best management practices to--
                    (A) improve the administration of the onshore oil
                and gas leasing program under the Mineral Leasing Act
                (30 U.S.C. 181 et seq.); and
                    (B) ensure timely action on oil and gas leases and
                applications for permits to drill on lands otherwise
                available for leasing.
            (2) Considerations.--In developing the best management
        practices under paragraph (1), the Secretary shall consider any
        recommendations from the review under section 5.
            (3) Regulations.--Not later than 180 days after the
        development of best management practices under paragraph (1),
        the Secretary shall publish, for public comment, proposed
        regulations that set forth specific timeframes for processing
        leases and applications in accordance with the practices,
        including deadlines for--
                    (A) approving or disapproving resource management
                plans and related documents, lease applications, and
                surface use plans; and
                    (B) related administrative appeals.
    (c) Improved Enforcement.--The Secretary shall improve inspection
and enforcement of oil and gas activities, including enforcement of
terms and conditions in permits to drill.
    (d) Authorization of Appropriations.--In addition to amounts
authorized to be appropriated to carry out section 17 of the Mineral
Leasing Act (30 U.S.C. 226), there are authorized to be appropriated to
the Secretary for each of fiscal years 2005 through 2008--
            (1) $40,000,000 to carry out subsections (a) and (b); and
            (2) $20,000,000 to carry out subsection (c).

SEC. 7. CONSULTATION REGARDING OIL AND GAS LEASING ON PUBLIC LAND.

    (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall enter into a memorandum of understanding regarding
oil and gas leasing on--
            (1) public lands under the jurisdiction of the Secretary of
        the Interior; and
            (2) National Forest System lands under the jurisdiction of
        the Secretary of Agriculture.
    (b) Contents.--The memorandum of understanding shall include
provisions that--
            (1) establish administrative procedures and lines of
        authority that ensure timely processing of oil and gas lease
        applications, surface use plans of operation, and applications
        for permits to drill, including steps for processing surface
        use plans and applications for permits to drill consistent with
        the timelines established by the amendment made by section 10;
            (2) eliminate duplication of effort by providing for
        coordination of planning and environmental compliance efforts;
        and
            (3) ensure that lease stipulations are--
                    (A) applied consistently;
                    (B) coordinated between agencies; and
                    (C) only as restrictive as necessary to protect the
                resource for which the stipulations are applied.
    (c) Data Retrieval System.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of the Interior and the
        Secretary of Agriculture shall establish a joint data retrieval
        system that is capable of--
                    (A) tracking applications and formal requests made
                in accordance with procedures of the Federal onshore
                oil and gas leasing program; and
                    (B) providing information regarding the status of
                the applications and requests within the Department of
                the Interior and the Department of Agriculture.
            (2) Resource mapping.--Not later than 2 years after the
        date of enactment of this Act, the Secretary of the Interior
        and the Secretary of Agriculture shall establish a joint
        Geographic Information System mapping system for use in--
                    (A) tracking surface resource values to aid in
                resource management; and
                    (B) processing surface use plans of operation and
                applications for permits to drill.

SEC. 8. ESTIMATES OF OIL AND GAS RESOURCES UNDERLYING ONSHORE FEDERAL
              LAND.

    (a) Assessment.--Section 604 of the Energy Act of 2000 (42 U.S.C.
6217) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``reserve''; and
                            (ii) by striking ``and'' after the
                        semicolon; and
                    (B) by striking paragraph (2) and inserting the
                following:
            ``(2) the extent and nature of any restrictions or
        impediments to the development of the resources, including--
                    ``(A) impediments to the timely granting of leases;
                    ``(B) post-lease restrictions, impediments, or
                delays on development for conditions of approval,
                applications for permits to drill, or processing of
                environmental permits; and
                    ``(C) permits or restrictions associated with
                transporting the resources for entry into commerce; and
            ``(3) the quantity of resources not produced or introduced
        into commerce because of the restrictions.'';
            (2) in subsection (b)--
                    (A) by striking ``reserve'' and inserting
                ``resource''; and
                    (B) by striking ``publically'' and inserting
                ``publicly''; and
            (3) by striking subsection (d) and inserting the following:
    ``(d) Assessments.--Using the inventory, the Secretary of Energy
shall make periodic assessments of economically recoverable resources
accounting for a range of parameters such as current costs, commodity
prices, technology, and regulations.''.
    (b) Methodology.--The Secretary of the Interior shall use the same
assessment methodology across all geological provinces, areas, and
regions in preparing and issuing national geological assessments to
ensure accurate comparisons of geological resources.

SEC. 9. COMPLIANCE WITH EXECUTIVE ORDER 13211; ACTIONS CONCERNING
              REGULATIONS THAT SIGNIFICANTLY AFFECT ENERGY SUPPLY,
              DISTRIBUTION, OR USE.

    (a) Requirement.--The head of each Federal agency shall require
that before the Federal agency takes any action that could have a
significant adverse effect on the supply of domestic energy resources
from Federal public land, the Federal agency taking the action shall
comply with Executive Order No. 13211 (42 U.S.C. 13201 note).
    (b) Guidance.--Not later than 180 days after the date of enactment
of this Act, the Secretary of Energy shall publish guidance for
purposes of this section describing what constitutes a significant
adverse effect on the supply of domestic energy resources under
Executive Order No. 13211 (42 U.S.C. 13201 note).
    (c) Memorandum of Understanding.--The Secretary of the Interior and
the Secretary of Agriculture shall include in the memorandum of
understanding under section 7 provisions for implementing subsection
(a) of this section.

SEC. 10. DEADLINE FOR CONSIDERATION OF APPLICATIONS FOR PERMITS.

    Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended by
adding at the end the following:
    ``(p) Deadlines for Consideration of Applications for Permits.--
            ``(1) In general.--Not later than 10 days after the date on
        which the Secretary receives an application for any permit to
        drill, the Secretary shall--
                    ``(A) notify the applicant that the application is
                complete; or
                    ``(B) notify the applicant that information is
                missing and specify any information that is required to
                be submitted for the application to be complete.
            ``(2) Issuance or deferral.--Not later than 30 days after
        the applicant for a permit has submitted a complete
        application, the Secretary shall--
                    ``(A) issue the permit; or
                    ``(B)(i) defer decision on the permit; and
                    ``(ii) provide to the applicant a notice that
                specifies any steps that the applicant could take for
                the permit to be issued.
            ``(3) Requirements for deferred applications.--
                    ``(A) In general.--If the Secretary provides notice
                under paragraph (2)(B)(ii), the applicant shall have a
                period of 2 years from the date of receipt of the
                notice in which to complete all requirements specified
                by the Secretary, including providing information
                needed for compliance with the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(B) Issuance of decision on permit.--If the
                applicant completes the requirements within the period
                specified in subparagraph (A), the Secretary shall
                issue a decision on the permit not later than 10 days
                after the date of completion of the requirements
                described in subparagraph (A).
                    ``(C) Denial of permit.--If the applicant does not
                complete the requirements within the period specified
                in subparagraph (A), the Secretary shall deny the
                permit.
    ``(q) Report.--On a quarterly basis, each field office of the
Bureau of Land Management and the Forest Service shall transmit to the
Secretary of the Interior or the Secretary of Agriculture,
respectively, a report that--
            ``(1) specifies the number of applications for permits to
        drill received by the field office in the period covered by the
        report; and
            ``(2) describes how each of the applications was disposed
        of by the field office.''.

SEC. 11. ENVIRONMENTAL REGULATIONS.

    In issuing any rule or order relating to gasoline production and
distribution, a Federal agency shall include a detailed analysis of the
effects the rule or order would have on gasoline supply. Each Federal
agency shall seek to ensure that no such rule or order is issued that
will increase United States dependence on foreign sources of oil.

SEC. 12. ACCELERATED DEPRECIATION FOR REFINERY MACHINERY.

    (a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of 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 new clause:
                            ``(vii) any refinery machinery.''.
    (b) Alternative System.--The table contained in section
168(g)(3)(B) of such Code is amended by inserting after the item
relating to subparagraph (B)(iii) the following new item:

``(B)(vii)..................................................      10''.
    (c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2004.

SEC. 13. REFINERY PERMITTING PROCESS.

    Each Federal agency with authority to approve or disapprove actions
affecting the siting or operation of United States refineries shall,
within 180 days after receiving an application for such approval,
either provide the approval or notify the applicant of the reasons for
rejection along with an explanation of what steps would be necessary to
obtain approval.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``General Services Administration
Modernization Act''.

SEC. 2. FEDERAL ACQUISITION SERVICE.

    (a) Establishment.--
        (1) In general.--Section 303 of title 40, United States Code,
    is amended to read as follows:

``Sec. 303. Federal Acquisition Service

    ``(a) Establishment.--There is established in the General Services
Administration a Federal Acquisition Service. The Administrator of
General Services shall appoint a Commissioner of the Federal
Acquisition Service, who shall be the head of the Federal Acquisition
Service.
    ``(b) Functions.--Subject to the direction and control of the
Administrator of General Services, the Commissioner of the Federal
Acquisition Service shall be responsible for carrying out functions
related to the uses for which the Acquisition Services Fund is
authorized under section 321 of this title, including any functions
that were carried out by the entities known as the Federal Supply
Service and the Federal Technology Service and such other related
functions as the Administrator considers appropriate.
    ``(c) Regional Executives.--The Administrator may appoint Regional
Executives in the Federal Acquisition Service, to carry out such
functions within the Federal Acquisition Service as the Administrator
considers appropriate.''.
        (2) Clerical amendment.--The item relating to section 303 at
    the beginning of chapter 3 of such title is amended to read as
    follows:

``303. Federal Acquisition Service.''.

    (b) Executive Schedule Compensation.--Section 5316 of title 5,
United States Code, is amended by striking ``Commissioner, Federal
Supply Service, General Services Administration.'' and inserting the
following:
        ``Commissioner, Federal Acquisition Service, General Services
    Administration.''.
    (c) References.--Any reference in any other Federal law, Executive
order, rule, regulation, reorganization plan, or delegation of
authority, or in any document--
        (1) to the Federal Supply Service is deemed to refer to the
    Federal Acquisition Service;
        (2) to the GSA Federal Technology Service is deemed to refer to
    the Federal Acquisition Service;
        (3) to the Commissioner of the Federal Supply Service is deemed
    to refer to the Commissioner of the Federal Acquisition Service;
    and
        (4) to the Commissioner of the GSA Federal Technology Service
    is deemed to refer to the Commissioner of the Federal Acquisition
    Service.

SEC. 3. ACQUISITION SERVICES FUND.

    (a) Abolishment of General Supply Fund and Information Technology
Fund.--The General Supply Fund and the Information Technology Fund in
the Treasury are hereby abolished.
    (b) Transfers.--Capital assets and balances remaining in the
General Supply Fund and the Information Technology Fund as in existence
immediately before this section takes effect shall be transferred to
the Acquisition Services Fund and shall be merged with and be available
for the purposes of the Acquisition Services Fund under section 321 of
title 40, United States Code (as amended by this Act).
    (c) Assumption of Obligations.--Any liabilities, commitments, and
obligations of the General Supply Fund and the Information Technology
Fund as in existence immediately before this section takes effect shall
be assumed by the Acquisition Services Fund.
    (d) Existence and Composition of Acquisition Services Fund.--
Subsections (a) and (b) of section 321 of title 40, United States Code,
are amended to read as follows:
    ``(a) Existence.--The Acquisition Services Fund is a special fund
in the Treasury.
    ``(b) Composition.--
        ``(1) In general.--The Fund is composed of amounts authorized
    to be transferred to the Fund or otherwise made available to the
    Fund.
        ``(2) Other credits.--The Fund shall be credited with all
    reimbursements, advances, and refunds or recoveries relating to
    personal property or services procured through the Fund,
    including--
            ``(A) the net proceeds of disposal of surplus personal
        property; and
            ``(B) receipts from carriers and others for loss of, or
        damage to, personal property; and
            ``(C) receipts from agencies charged fees pursuant to rates
        established by the Administrator.
        ``(3) Cost and capital requirements.--The Administrator shall
    determine the cost and capital requirements of the Fund for each
    fiscal year and shall develop a plan concerning such requirements
    in consultation with the Chief Financial Officer of the General
    Services Administration. Any change to the cost and capital
    requirements of the Fund for a fiscal year shall be approved by the
    Administrator. The Administrator shall establish rates to be
    charged agencies provided, or to be provided, supply of personal
    property and non-personal services through the Fund, in accordance
    with the plan.
        ``(4) Deposit of fees.--Fees collected by the Administrator
    under section 313 of this title may be deposited in the Fund to be
    used for the purposes of the Fund.''.
    (e) Uses of Fund.--Section 321(c) of such title is amended in
paragraph (1)(A)--
        (1) by striking ``and'' at the end of clause (i);
        (2) by inserting ``and'' after the semicolon at the end of
    clause (ii); and
        (3) by inserting after clause (ii) the following new clause:
                ``(iii) personal services related to the provision of
            information technology (as defined in section 11101(6) of
            this title);''.
    (f) Payment for Property and Services.--Section 321(d)(2)(A) of
such title is amended--
        (1) by striking ``and'' at the end of clause (iv);
        (2) by redesignating clause (v) as clause (vi); and
        (3) by inserting after clause (iv) the following new clause:
                ``(v) the cost of personal services employed directly
            in providing information technology (as defined in section
            11101(6) of this title); and''.
    (g) Transfer of Uncommitted Balances.--Subsection (f) of section
321 of such title is amended to read as follows:
    ``(f) Transfer of Uncommitted Balances.--Following the close of
each fiscal year, after making provision for a sufficient level of
inventory of personal property to meet the needs of Federal agencies,
the replacement cost of motor vehicles, and other anticipated operating
needs reflected in the cost and capital plan developed under subsection
(b), the uncommitted balance of any funds remaining in the Fund shall
be transferred to the general fund of the Treasury as miscellaneous
receipts.''.
    (h) Conforming and Clerical Amendments.--
        (1) Section 322 of such title is repealed.
        (2) The heading for section 321 of such title is amended to
    read as follows:

``Sec. 321. Acquisition Services Fund''.

        (3) The table of sections for chapter 3 of such title is
    amended by striking the items relating to sections 321 and 322 and
    inserting the following:

``321. Acquisition Services Fund.''.

        (4) Section 573 of such title is amended by striking ``General
    Supply Fund'' both places it appears and inserting ``Acquisition
    Services Fund''.
        (5) Section 604(b) of such title is amended--
            (A) in the heading, by striking ``General Supply Fund'' and
        inserting ``Acquisition Services Fund''; and
            (B) in the text, by striking ``General Supply Fund'' and
        inserting ``Acquisition Services Fund''.
        (6) Section 605 of such title is amended--
            (A) in subsection (a)--
                (i) in the heading, by striking ``General Supply Fund''
            and inserting ``Acquisition Services Fund''; and
                (ii) in the text, by striking ``General Supply Fund''
            and inserting ``Acquisition Services Fund''; and
            (B) in subsection (b)(2)--
                (i) by striking ``321(f)(1)'' and inserting ``321(f)'';
            and
                (ii) by striking ``General Supply Fund'' and inserting
            ``Acquisition Services Fund''.

SEC. 4. PROVISIONS RELATING TO ACQUISITION PERSONNEL.

    Section 37 of the Office of Federal Procurement Policy Act (41
U.S.C. 433) is amended by adding at the end the following new
subsection:
    ``(i) Provisions Relating to Reemployment.--
        ``(1) Policies and procedures.--The head of each executive
    agency, after consultation with the Administrator and the Director
    of the Office of Personnel Management, shall establish policies and
    procedures under which the agency head may reemploy in an
    acquisition-related position (as described in subsection (g)(1)(A))
    an individual receiving an annuity from the Civil Service
    Retirement and Disability Fund, on the basis of such individual's
    service, without discontinuing such annuity. The head of each
    executive agency shall keep the Administrator informed of the
    agency's use of this authority.
        ``(2) Service not subject to csrs or fers.--An individual so
    reemployed shall not be considered an employee for the purposes of
    chapter 83 or 84 of title 5, United States Code.
        ``(3) Criteria for exercise of authority.--Polices and
    procedures established pursuant to this subsection shall authorize
    the head of the executive agency, on a case-by-case basis, to
    continue an annuity if--
            ``(A) the unusually high or unique qualifications of an
        individual receiving an annuity from the Civil Service
        Retirement and Disability Fund on the basis of such
        individual's service,
            ``(B) the exceptional difficulty in recruiting or retaining
        a qualified employee, or
            ``(C) a temporary emergency hiring need,
    makes the reemployment of an individual essential.
        ``(4) Reporting requirement.--The Administrator shall submit
    annually to the Committee on Government Reform of the House of
    Representatives and the Committee on Homeland Security and
    Governmental Affairs of the Senate a report on the use of the
    authority under this subsection, including the number of employees
    reemployed under authority of this subsection.
        ``(5) Sunset provision.--The authority under this subsection
    shall expire on December 31, 2011.''.

SEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO HISTORIC LIGHT
              STATIONS.

    Section 549(c)(3)(B) of title 40, United States Code, is amended--
        (1) in clause (vii), by striking ``or'' after the semicolon;
        (2) in clause (viii), by striking the period and inserting ``;
    or''; and
        (3) by adding at the end the following:
                ``(ix) a historic light station as defined under
            section 308(e)(2) of the National Historic Preservation Act
            (16 U.S.C. 470w-7(e)(2)), including a historic light
            station conveyed under subsection (b) of that section,
            notwithstanding the number of hours that the historic light
            station is open to the public.''.

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 60
days after the date of the enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and
                                               President of the Senate.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Generating Antibiotic Incentives Now
Act of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Extension of exclusivity period for drugs.
Sec. 4. Additional extension of exclusivity period for qualified
                            infectious disease products for which a
                            companion diagnostic test is cleared or
                            approved.
Sec. 5. Priority review.
Sec. 6. Fast track product.
Sec. 7. Study on incentives for qualified infectious disease biological
                            products.
Sec. 8. Clinical trials.

SEC. 3. EXTENSION OF EXCLUSIVITY PERIOD FOR DRUGS.

    (a) In General.--The Federal Food, Drug, and Cosmetic Act is
amended by inserting after section 505D (21 U.S.C. 355e) the following:

``SEC. 505E. EXTENSION OF EXCLUSIVITY PERIOD FOR NEW QUALIFIED
              INFECTIOUS DISEASE PRODUCTS.

    ``(a) Extension.--If, prior to approval of a drug pursuant to an
application submitted under section 505(b), the Secretary determines
that the drug is a qualified infectious disease product, then the four-
and five-year periods described in subsections (c)(3)(E)(ii) and
(j)(5)(F)(ii) of section 505, the three-year periods described in
clauses (iii) and (iv) of subsection (c)(3)(E) and clauses (iii) and
(iv) of subsection (j)(5)(F) of section 505, or the seven-year period
described in section 527, as applicable, shall be extended by five
years.
    ``(b) Relation to Pediatric Exclusivity.--Any extension under
subsection (a) of a period shall be in addition to any extension of the
period under section 505A with respect to the drug.
    ``(c) Limitations.--Subsection (a) does not apply to the approval
of--
            ``(1) a supplement to an application under section 505(b)
        for any qualified infectious disease product for which an
        extension described in subsection (a) is in effect or has
        expired; or
            ``(2) a subsequent application filed by the same sponsor or
        manufacturer of a qualified infectious disease product
        described in paragraph (1) (or a licensor, predecessor in
        interest, or other related entity) for--
                    ``(A) a change (not including a modification to the
                structure of the qualified infectious disease product)
                that results in a new indication, route of
                administration, dosing schedule, dosage form, delivery
                system, delivery device, or strength; or
                    ``(B) a modification to the structure of the
                qualified infectious disease product that does not
                result in a change in safety or effectiveness.
    ``(d) Determination.--The manufacturer or sponsor of a drug may
request the Secretary to designate a drug as a qualified infectious
disease product. Such a request for designation shall be made at least
45 days before the submission of an application under section 505(b)
for such drug. The Secretary shall, not later than 30 days after the
submission of such request, determine whether the drug is a qualified
infectious disease product.
    ``(e) Regulations.--The Secretary shall promulgate regulations for
carrying out this section. The Secretary shall promulgate the initial
regulations for carrying out this section not later than 12 months
after the date of the enactment of this section.
    ``(f) Definitions.--In this section:
            ``(1) Qualified infectious disease product.--The term
        `qualified infectious disease product' means an antibiotic drug
        for treating, detecting, preventing, or identifying a
        qualifying pathogen.
            ``(2) Qualifying pathogen.--The term `qualifying pathogen'
        means--
                    ``(A) resistant gram positive pathogens, including
                methicillin-resistant Staphylococcus aureus (MRSA),
                vancomycin-resistant Staphylococcus aureus (VRSA), and
                vancomycin-resistant enterococcus (VRE);
                    ``(B) multi-drug resistant gram negative bacteria,
                including Acinetobacter, Klebsiella, Pseudomonas, and
                E. coli species;
                    ``(C) multi-drug resistant tuberculosis; or
                    ``(D) any other infectious pathogen identified for
                purposes of this section by the Secretary.''.
    (b) Application.--Section 505E of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), applies only with respect to
a drug that is first approved under section 505(c) of such Act (21
U.S.C. 355(c)) on or after the date of the enactment of this Act.

SEC. 4. ADDITIONAL EXTENSION OF EXCLUSIVITY PERIOD FOR QUALIFIED
              INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION
              DIAGNOSTIC TEST IS CLEARED OR APPROVED.

    The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
as amended by section 3, is further amended by inserting after section
505E the following:

``SEC. 505E-1. ADDITIONAL EXTENSION OF EXCLUSIVITY FOR QUALIFIED
              INFECTIOUS DISEASE PRODUCTS FOR WHICH A COMPANION
              DIAGNOSTIC TEST IS CLEARED OR APPROVED.

    ``(a) In General.--If the sponsor or manufacturer of a qualified
infectious disease product identifies in accordance with subsection (b)
a companion diagnostic test described in subsection (c), any period
extended under section 505E(a) with respect to such product shall be
further extended by 6 months.
    ``(b) Identification Requirements.--For purposes of subsection (a),
the identification of a companion diagnostic test shall--
            ``(1) be made in such manner as the Secretary may require;
        and
            ``(2) occur before the expiration of the period to be
        extended under subsection (a), not counting any extension to
        such period under section 505E(a) or 505A.
    ``(c) Companion Diagnostic Test.--For purposes of subsection (a), a
device is a companion diagnostic test with respect to a qualified
infectious disease product if each of the following is met:
            ``(1) The device is determined by the Secretary under
        subsection (f) to be a test for diagnosis of a qualifying
        pathogen.
            ``(2) The qualified infectious disease product has been
        determined under section 505E(d) to be for treating, detecting,
        preventing, or identifying such qualifying pathogen.
            ``(3) The device is cleared under section 510(k) or
        approved under section 515.
            ``(4) The sponsor or manufacturer, as applicable, of the
        qualified infectious disease product has the exclusive rights
        to submit an identification under subsection (a) with respect
        to the device.
    ``(d) Relation to Pediatric Exclusivity.--Any extension under
subsection (a) of a period with respect to a qualified infectious
disease product shall be in addition to any extension of the period
under section 505A of this Act with respect to the product.
    ``(e) Limitations.--After the extension of any period under
subsection (a) with respect to a qualified infectious disease product
pursuant to the identification of a device as a companion diagnostic
test, subsection (a) does not authorize--
            ``(1) any subsequent extension with respect to such
        product; or
            ``(2) any extension with respect to any other product
        pursuant to identification of such device.
    ``(f) Determination.--The sponsor or manufacturer of a drug may
request the Secretary to determine that a device is a test for
diagnosis of a qualifying pathogen. Such a request shall be made at
least 45 days before the submission of a notification under section
510(k) or an application under section 515 for such device. The
Secretary shall, not later than 30 days after the submission of such
request, determine whether the device is a test for diagnosis of a
qualifying pathogen.
    ``(g) Definitions.--In this section:
            ``(1) The term `qualified infectious disease product' means
        a drug that is determined to be a qualified infectious disease
        product under section 505E.
            ``(2) The term `qualifying pathogen' has the meaning given
        to such term in section 505E.''.

SEC. 5. PRIORITY REVIEW.

    (a) Amendment.--Chapter V of the Federal Food, Drug, and Cosmetic
Act is amended by inserting after section 524 (21 U.S.C. 360n) the
following:

``SEC. 524A. PRIORITY REVIEW FOR QUALIFIED INFECTIOUS DISEASE PRODUCTS.

    ``(a) In General.--If the Secretary makes a determination under
section 505E(c) that a drug is a qualified infectious disease product,
then the Secretary shall give priority review to any application
submitted for approval for such drug under section 505(b).
    ``(b) Definition.--In this section, the term `priority review',
with respect to an application described in subsection (a), means
review and action by the Secretary on such application not later than 6
months after receipt by the Secretary of such application.''.
    (b) Application.--Section 524A of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), applies only with respect to
an application that is submitted under section 505(b) (21 U.S.C.
355(b)) on or after the date of the enactment of this Act.

SEC. 6. FAST TRACK PRODUCT.

    Paragraph (1) of section 506(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356(a)) is amended by inserting after ``if it
is intended for the treatment of a serious or life-threatening
condition and it demonstrates the potential to address unmet medical
needs for such a condition'' the following: ``or if the Secretary
determines under section 505E that the drug is a qualified infectious
disease product''.

SEC. 7. STUDY ON INCENTIVES FOR QUALIFIED INFECTIOUS DISEASE BIOLOGICAL
              PRODUCTS.

    (a) In General.--The Comptroller General of the United States
shall--
            (1) conduct a study on the need for incentives to encourage
        the research, development, and marketing of qualified
        infectious disease biological products; and
            (2) not later than 1 year after the date of the enactment
        of this Act, submit a report to the Congress on the results of
        such study, including any recommendations of the Comptroller
        General on appropriate incentives for addressing such need.
    (b) Definitions.--In this section:
            (1) The term ``biological product'' has the meaning given
        to such term in section 351 of the Public Health Service Act
        (42 U.S.C. 262).
            (2) The term ``qualified infectious disease biological
        product'' means a biological product for treating, detecting,
        preventing, or identifying a qualifying pathogen.
            (3) The term ``qualifying pathogen'' has the meaning given
        to such term in section 505E of the Federal Food, Drug, and
        Cosmetic Act, as added by section 3 of this Act.

SEC. 8. CLINICAL TRIALS.

    (a) Review and Revision of Guidelines.--
            (1) In general.--Not later than 1 year after the date of
        the enactment of this Act, and not later than 4 years
        thereafter, the Secretary shall--
                    (A) review the guidelines of the Food and Drug
                Administration for the conduct of clinical trials with
                respect to antibiotic drugs; and
                    (B) as appropriate, revise such guidelines to
                reflect developments in scientific and medical
                information and technology and to ensure clarity
                regarding the procedures and requirements for approval
                of an antibiotic drug under chapter V of the Federal
                Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.).
            (2) Issues for review.--At a minimum, the review under
        paragraph (1) shall address the appropriate animal models of
        infection, in vitro techniques, valid micro-biological
        surrogate markers, the use of non-inferiority versus
        superiority trials, and appropriate delta values for non-
        inferiority trials.
            (3) Rule of construction.--Except to the extent to which
        the Secretary of Health and Human Services makes revisions
        under paragraph (1)(B), nothing in this section shall be
        construed to repeal or otherwise affect the guidelines of the
        Food and Drug Administration.
    (b) Recommendations for Investigations.--
            (1) Request.--The sponsor of a drug intended to be used to
        treat, detect, prevent, or identify a qualifying pathogen may
        request that the Secretary provide written recommendations for
        nonclinical and clinical investigations which may be conducted
        with the drug before it may be approved for such use under
        section 505 of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 355).
            (2) Recommendations.--If the Secretary has reason to
        believe that a drug for which a request is made under this
        subsection is a qualified infections disease product, the
        Secretary shall provide the person making the request written
        recommendations for the nonclinical and clinical investigations
        which the Secretary believes, on the basis of information
        available to the Secretary at the time of the request, would be
        necessary for approval under section 505 of the Federal Food,
        Drug, and Cosmetic Act (21 U.S.C. 355) of such drug for the use
        described in paragraph (1).
    (c) Definitions.--In this section:
            (1) The term ``drug'' has the meaning given to such term in
        section 201 of the Federal Food, Drug, and Cosmetic Act (21
        U.S.C. 321).
            (2) The term ``qualifying pathogen'' has the meaning given
        to such term in section 505E of the Federal Food, Drug, and
        Cosmetic Act, as added by section 3 of this Act.
            (3) The term ``Secretary'' means the Secretary of Health
        and Human Services, acting through the Commissioner of Food and
        Drugs.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Investments in America's
Cities Act''.

SEC. 2. MODIFICATION OF EB-5 VISA PROGRAM.

    Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C.
1153(b)(5)) is amended by adding at the end the following:
                    ``(E) Set-aside for economically distressed urban
                areas.--
                            ``(i) In general.--Not less than 3,000 of
                        the visas made available under this paragraph
                        in each fiscal year shall be reserved for
                        qualified immigrants seeking to invest in a new
                        commercial enterprise described in subparagraph
                        (A) which will create employment in an
                        economically distressed urban area and--
                                    ``(I) with respect to which such
                                alien or a relative of that alien has
                                invested or, is actively in the process
                                of investing, in that new enterprise,
                                capital in an amount not less than the
                                amount specified in clause (ii);
                                    ``(II) with respect to which such
                                alien has completed an investment
                                agreement with a qualified venture
                                capital operating company for an
                                investment in that new enterprise of an
                                amount not less than the amount
                                specified in clause (ii); or
                                    ``(III) with respect to which such
                                alien has completed an investment
                                agreement with one or more angel
                                investors for an investment in that new
                                enterprise of an amount not less than
                                the amount specified in clause (ii).
                            ``(ii) Capital amount required.--The amount
                        of capital specified in this clause is
                        $250,000. To account for inflation, the
                        Secretary of Homeland Security may by rule
                        adjust the amount of capital specified in this
                        clause.
                            ``(iii) Definitions.--In this subparagraph:
                                    ``(I) Angel investor.--The term
                                `angel investor' means, with respect to
                                a qualified immigrant, an individual
                                who--
                                            ``(aa) is an accredited
                                        investor (as defined in section
                                        230.501(a) of title 17, Code of
                                        Federal Regulations (as in
                                        effect on April 1, 2010));
                                            ``(bb) is a United States
                                        citizen or an alien lawfully
                                        admitted to the United States
                                        for permanent residence; and
                                            ``(cc) has made at least 2
                                        equity investments of not less
                                        than $50,000 in each of the 3
                                        years before the date of a
                                        petition by the qualified
                                        immigrant for classification
                                        under this paragraph.
                                    ``(II) Economically distressed
                                urban area.--The term `economically
                                distressed urban area' means, at the
                                time a petition for classification
                                under this paragraph is filed the
                                following:
                                            ``(aa) A city that has an
                                        average unemployment rate of
                                        not less than 150 percent of
                                        the national average rate for
                                        the preceding year.
                                            ``(bb) Any principal city
                                        for a Metropolitan Statistical
                                        Area, as defined by the Office
                                        of Management and Budget.
                                    ``(III) Qualified venture capital
                                operating company.--The term `qualified
                                venture capital operating company'
                                means an entity that--
                                            ``(aa) is registered under
                                        the Investment Company Act of
                                        1940 (15 U.S.C. 80a-1 et seq.);
                                        or
                                            ``(bb) is an investment
                                        company, as defined in
                                        subsection (a)(1) of section 3
                                        of such Act (15 U.S.C. 80a-3),
                                        that is exempt from
                                        registration under subsection
                                        (c)(1) or (c)(7) of such
                                        section, and is not registered.
                                    ``(IV) Relative.--The term
                                `relative' means, with respect to a
                                qualified immigrant--
                                            ``(aa) a spouse;
                                            ``(bb) a sibling;
                                            ``(cc) a child;
                                            ``(dd) a parent;
                                            ``(ee) an aunt or uncle;
                                            ``(ff) a first cousin; or
                                            ``(gg) a grandparent.''.

SEC. 3. EXPEDITED PROCESSING FOR CERTAIN EB-5 INVESTORS.

    Section 286(u) of the Immigration and Nationality Act (8 U.S.C.
1356(u)) is amended by adding at the end the following: ``In the case
of a petition filed under section 204(a)(1)(H) for classification under
section 203(b)(5)(E), the petitioner shall be guaranteed of a decision
on the petition in 60 days or less.''.

SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.

    (a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress on the EB-5 Visa Program authorized
under section 203(b)(5) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(5)).
    (b) Contents.--The report described in subsection (a) shall include
information regarding--
            (1) the number of immigrant entrepreneurs who have received
        a visa under such visa program, listed by country of origin;
            (2) the localities in which such immigrant entrepreneurs
        have initially settled;
            (3) whether such immigrant entrepreneurs generally remain
        in the localities in which they initially settle;
            (4) the types of commercial enterprises that such immigrant
        entrepreneurs have established; and
            (5) the types and number of jobs created by such immigrant
        entrepreneurs.