SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Infertility Research Centers Act of
2002''.

SEC. 2. GRANTS AND CONTRACTS FOR RESEARCH CENTERS WITH RESPECT TO
              INFERTILITY PREVENTION.

    Subpart 7 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285g et seq.) is amended by adding at the end the following
new section:

``SEC. 452H. RESEARCH CENTERS WITH RESPECT TO INFERTILITY PREVENTION.

    ``(a) In General.--The Director of the Institute, after
consultation with the advisory council for the Institute, shall make
grants to, or enter into contracts with, public or nonprofit private
entities for the development and operation of centers to conduct
activities for the purpose of improving methods of preventing
infertility.
    ``(b) Number of Centers.--In carrying out subsection (a), the
Director of the Institute shall, subject to the extent of amounts made
available in appropriations Acts, provide for the establishment of two
centers with respect to infertility prevention.
    ``(c) Use of Funds.--
            ``(1) In general.--Each center assisted under this section
        shall, in carrying out the purpose of the center involved--
                    ``(A) conduct clinical and other applied research,
                including clinical trials of new or improved drugs and
                devices for the diagnosis and treatment of infertility
                in males and females;
                    ``(B) develop protocols for training physicians,
                scientists, nurses, and other health and allied health
                professionals;
                    ``(C) conduct training programs for such
                individuals;
                    ``(D) develop model continuing education programs
                for such professionals; and
                    ``(E) disseminate information to such professionals
                and the public.
            ``(2) Stipends.--A center may use funds provided under
        subsection (a) to provide stipends for health and allied health
        professionals enrolled in programs described in subparagraph
        (C) of paragraph (1), and to provide fees to individuals
        serving as subjects in clinical trials conducted under such
        paragraph.
    ``(d) Coordination.--The Director of the Institute shall, as
appropriate, provide for the coordination of information among the
centers assisted under this section.
    ``(e) Facilities.--Each center assisted under subsection (a) shall
use the facilities of a single institution, or be formed from a
consortium of cooperating institutions, meeting such requirements as
may be prescribed by the Director of the Institute.
    ``(f) Period of Support.--Support of a center under subsection (a)
may be for a period not exceeding 5 years. Such period may be extended
for one or more additional periods not exceeding 5 years if the
operations of such center have been reviewed by an appropriate
technical and scientific peer review group established by the Director
and if such group has recommended to the Director that such period
should be extended.
    ``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $30,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 and 2005.''.

SEC. 3. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO INFERTILITY
              PREVENTION.

    Part F of title IV of the Public Health Service Act (42 U.S.C. 287d
et seq.) is amended--
            (1) by redesignating the second section 487F (relating to
        the pediatric research loan repayment program) as section 487G;
        and
            (2) by inserting after section 487G (as so redesignated)
        the following section:

``SEC. 487H. LOAN REPAYMENT PROGRAM FOR RESEARCH WITH RESPECT TO
              INFERTILITY PREVENTION.

    ``(a) Establishment.--The Secretary, in consultation with the
Director of the National Institute of Child Health and Human
Development, shall establish a program of entering into agreements with
qualified health professionals (including graduate students) under
which such health professionals agree to conduct research with respect
to infertility prevention, in consideration of the Federal Government
agreeing to repay, for each year of such service, not more than $20,000
of the principal and interest of the educational loans of such health
professionals.
    ``(b) Application of Provisions.--The provisions of sections 338B,
338C, and 338E shall apply to the program established in subsection (a)
to the same extent and in the same manner as such provisions apply to
the National Health Service Corps Loan Repayment Program established in
subpart III of part D of title III.
    ``(c) Funding.--Amounts appropriated for carrying out this section
shall remain available until the expiration of the second fiscal year
beginning after the fiscal year for which the amounts were
appropriated.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Innovation Competitiveness Act of
2004''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) If the United States is to dominate the next critically
        decisive stage of industrial progress, it must be the first to
        create the technologies and skilled workforce capable of taking
        advantage of new high technology opportunities.
            (2) Research, innovation, and human capital are our
        principal strengths. By sustaining United States investments in
        research and finding collaborative arrangements to leverage
        existing resources and funds in a scarce budget environment, we
        ensure that America remains at the forefront of scientific and
        technological capability.
            (3) The United States has begun to confront a new level of
        global competition.
            (4) The United States remains a leading attraction for
        innovating talent and entrepreneurial activity. The United
        States's research and development system is the best in the
        world. It comprises the world's largest market and promotes a
        vibrant entrepreneurial business climate.
            (5) For the United States to maintain its high standards of
        living through continued economic prosperity over the long-
        term, the basic components of the Nation's innovation
        ecosystems must remain healthy.
            (6) Technology transfer of publicly funded research is a
        critical mechanism for optimizing the return on taxpayer
        investment, particularly where other benefits are not
        measurable at all or are very long-term.
            (7) Active marketing and educational campaigns tailored by
        individual Federal agencies on their respective research and
        development activities are important where--
                    (A) inventions have multiple applications and may
                need to be matched-up with commercial enterprises
                representing several industries; and
                    (B) new invention applications may require rapid
                development and dissemination by companies not
                otherwise known by the agency.
            (8) Technology transfer has become a very broad activity,
        with many stakeholders and users. Aggregating available
        technology transfer resources into a single location, available
        in an electronic format, would help--
                    (A) facilitate the access, administration,
                education, monitoring, and efficiency of technology
                transfer activities with the government;
                    (B) stimulate further interaction and
                responsiveness from the private sector; and
                    (C) facilitate the formation of much needed
                technology transfer databases and provide opportunities
                to examine and track more refined measurements of
                technology flows.
            (9) A 2003 Department of Commerce survey reported that only
        34 percent of the Federal laboratories surveyed formed
        laboratory industrial advisory committees. These committees can
        advocate and promote effective communication between Federal
        laboratories and the user communities to help facilitate mutual
        understanding and leverage maximum impact of the research
        conducted.
            (10) Because the entire innovation process is continuing to
        evolve in an arena of increasing global competition,
        identifying metrics to quantify program effectiveness is of
        increasing importance. Metrics need to take into account a wide
        range of steps in a highly complex process, as well as the
        ultimate product or service, but should not constrain the
        continued evolution or development of new technology transfer
approaches. In addition, these metrics need to accommodate.
                    (A) characteristics unique to varying industries;
                and
                    (B) mission differences between the licensing
                institutions.
            (11) Local and regional impacts from Federal research and
        development activities have a direct impact on communities in
        which they are conducted. Such activities attract new
        businesses to these areas, thereby stimulating local economies
        and improving local education.
            (12) State governments are already active in providing a
        friendly and complementary research and development
        environment.
            (13) Half of all States each receive half a billion or more
        Federal research and development dollars yearly.
            (14) Given the importance of Federal research and
        development investments to the Nation, States, and localities,
        little information is widely available. There is a need for a
        data system that can provide detailed information on all of the
        activities and scope of the Federal research and development
        enterprise so that State and local officials can use the
        information to identify new opportunities for State-Federal
        research collaboration.

SEC. 3. OUTREACH ACTIVITIES.

    (a) Technology Transfer Director.--The Secretary of Commerce shall
designate a Technology Transfer Director within the Technology
Administration to perform oversight of and policy development for
technology transfer activities at the Department of Commerce.
    (b) Duties.--The Director shall--
            (1) coordinate the activities of the Interagency Working
        Group on Technology Transfer, oversee the expenditure of funds
        allocated to the Technology Transfer Working Group;
            (2) coordinate with each technology partnership ombudsman
        appointed under section 11 of the Technology Transfer
        Commercialization Act of 2000 (42 U.S.C. 7261c);
            (3) establish and maintain procedures for ensuring the
        effective coordination of the technology transfer outreach
        activities of the Department between and among--
                    (A) the National Technical Information Service;
                    (B) the Federal Laboratory Consortium for
                Technology Transfer;
                    (C) the National Science Foundation;
                    (D) the National Aeronautics and Space
                Administration; and
                    (E) other appropriate Federal agencies.
    (b) Responsibilities.--The Director's responsibilities shall
include--
            (1) coordinating technology transfer activities occurring
        at National Laboratories and single purpose research
        facilities;
            (2) exchanging information about technology transfer
        practices, including alternative approaches to resolution of
        disputes involving intellectual property rights and other
        technology transfer matters;
            (3) developing and disseminating to the public and
        prospective technology partners information about opportunities
        and procedures for technology transfer through a one-stop
        information virtual center; and
            (4) providing and disseminating information through
        prepared material on Federally owned or originated products,
        processes, and services having potential application to State
        and local governments and to private industry.
    (d) Oversight.--The Director shall--
            (1) periodically review the procedures maintained under
        subsection (c) for the purpose of ensuring that such procedures
        meet the requirements of that subsection; and
            (2) make such modifications to such procedures as the
        Director considers appropriate in light of such review in order
        to better achieve the purposes of this section.

SEC. 4. RESEARCH ACTIVITIES.

    (a) In General.--The Secretary, through the Technology Transfer
Director as established by section 3, shall establish a research
program within the Technology Administration that will--
            (1) involve consultation, as appropriate, with the various
        units of the Commerce Department, including the Federal
        Laboratory Consortium for Technology Transfer, each Federal
        agency's research and technology applications, and utilization
        (with the consent of the agency involved) of the expertise and
        services of the National Science Foundation, the National
        Aeronautics and Space Administration, and other Federal
        agencies;
            (2) build upon ongoing efforts of the private sector; and
            (3) involve consortia that include government and industry.
    (b) Development of Research Tools and Practices.--The Director
shall work with industry, trade associations, professional societies,
and others to conduct experimentation, analysis, testing, verification,
and demonstration of improved tools and practices that identify--
            (1) best practices for technology transfer, and
            (2) metrics to quantify technology transfer practices
        effectiveness, taking into account wide range of differences in
        technology, market dynamics, intellectual property in varying
        industrial sectors, as well as different mission differences
        between licensing institutions.
    (c) Study.--The Director shall work with industry, trade
associations, professional societies, and others--
            (1) to develop reliable data on how to improve workforce
        education and address critical workforce issues, including the
        availability of scientists and engineers and a readily
        available pool of skilled employees;
            (2) to process reviews to reduce complexity of, and time
        required to complete, technology transfer transactions;
            (3) to study and assess the implications of technology
        development and transfer in a global environment, with specific
        attention to the effects of emerging technology; and
            (4) to analyze why the widely recognized ``valley of
        death'' remains an obstacle to the adaption by the private
        sector of Federal laboratory technologies for use in commercial
        markets.
    (d) Dissemination and Technical Assistance Program.--The Director
shall oversee a dissemination and technical assistance program to
assist with the immediate dissemination and implementation of the
practices, standards, and codes developed by the Technology
Administration.
    (e) Reports.--
            (1) Initial report.--Not later than 120 days after the date
        of enactment of this Act, the Director shall submit a report
        detailing the proposed schedule of studies and other activities
        to be undertaken under this Act to the Senate Committee on
        Commerce, Science, and Transportation and the House of
        Representatives Committee on Science.
            (2) Annual progress reports.--Not later than 12 months
        after the date of enactment of this Act, and annually
        thereafter, the Director shall submit a progress report to the
        committees described under paragraph (1), which summarizes the
        Technology Administration's activities under this Act.

SEC. 5. SMALL BUSINESS ADVOCACY AND ASSISTANCE.

    The Secretary shall designate a small business advocate within the
Department--
            (1) to increase the participation of small business
        concerns, including socially and economically disadvantaged
        small business concerns, in procurement, collaborative
        research, technology licensing, and technology transfer
        activities conducted by the National Laboratories or single-
        purpose research facilities;
            (2) to report to the National Laboratory Consortium on the
        actual participation of small business concerns in procurement
        and collaborative research along with recommendations, if
        appropriate, on how to improve participation;
            (3) to make available to small business concerns training,
        mentoring, and clear, up-to-date information on how to
        participate in procurement and collaborative research,
        including how to submit effective proposals, and information
        related to alternative approaches to resolution of disputes
        involving intellectual property rights and other technology
        transfer matters;
            (4) to increase awareness inside the National Laboratories
        and single-purpose research facilities of the capabilities and
        opportunities presented by small business concerns; and
            (5) to establish guidelines for a small business program
        under this Act and report on the effectiveness of such program
        to the Secretary.

SEC. 6. COORDINATE RESEARCH AND DEVELOPMENT EFFORTS WITH STATES.

    (a) Establishment.--The Secretary shall establish a State and
Industry Task Force for the purpose of highlighting areas--
            (1) where the Federal government can help in State efforts
        to provide a complementary research and development
        environment; and
            (2) that exist where the Federal government could assist in
        efforts to help match Federal programs, to the extent possible,
        with State economic development efforts.
    (b) Membership.--The Task Force shall be comprised of not fewer
than 9 nor more than 15 members appointed by the Secretary, and shall
include such representatives from State and local governments,
industry, universities, professional societies, Government
laboratories, and other organizations as the Secretary considers
appropriate based on the Secretary's assessment of the technical and
other qualifications of such representatives.
    (c) Terms.--
            (1) In general.--The term of a member of the Task Force
        shall be 3 years.
            (2) Staggered terms.--The Secretary may appoint members of
        the Task Force in a manner that allows the terms of the members
        serving at any time to expire at spaced intervals so as to
        ensure continuity in the functioning of the Task Force.
            (3) Reappointment.--A member of the Task Force whose term
        expires may be reappointed.
    (d) Chairperson.--The Task Force shall have a chairperson, who
shall be elected by the members.
    (e) Cooperation.--The heads of Federal agencies shall cooperate
with the Task Force in carrying out the requirements of this section
and shall furnish to the Task Force such information as the committee
considers necessary to enable it to carry out its functions.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Director.--The term ``Director'' means the Technology
        Transfer Director appointed under section 3.
            (2) Secretary.--The term ``Secretary'' means the Secretary
        of Commerce.
            (3) Small business concern.--The term ``small business
        concern'' has the meaning given that term in section 3 of the
        Small Business Act (15 U.S.C. 632).
            (4) Socially and economically disadvantaged small business
        concerns.--The term ``socially and economically disadvantaged
        small business concerns'' has the meaning given that term in
        section 8(a)(4) of the Small Business Act (15 U.S.C.
        637(a)(4)).


SECTION 1. EXCISE TAX ON MANUFACTURE AND IMPORTATION OF TIRES.

    (a) In General.--Chapter 38 of the Internal Revenue Code of 1986
(relating to environmental taxes) is amended by adding at the end the
following:

                      ``Subchapter E--Tax on Tires

                              ``Sec. 4691. Imposition of tax.

``SEC. 4691. IMPOSITION OF TAX.

    ``(a) General Rule.--There is imposed a tax on the manufacture or
importation of tires of any type, including solid and pneumatic tires.
    ``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) shall be 50 cents per tire.
    ``(c) Liability for Tax.--The tax imposed by subsection (a) shall
be paid by the manufacturer or importer of the tire not later than 30
days after the end of each calendar quarter for each tire manufactured
or imported during such quarter.
    ``(d) Tires on Imported Articles.--For purposes of subsection (a),
if an article imported into the United States is equipped with tires,
the importer of the article shall be treated as the importer of the
tires with which such article is equipped.
    ``(e) Effective Date.--The tax imposed by this section shall apply
to tires manufactured or imported after December 31, 1997, and before
January 1, 2003.''.
    (b) Conforming Amendment.--The table of subchapters for chapter 38
of such Code is amended by adding after the item relating to subchapter
D the following:

                              ``Subchapter E. Tax on tires.''.

SEC. 2. ESTABLISHMENT OF TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST
              FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to the establishment of trust funds) is amended
by adding after section 9511 the following:

``SEC. 9512. WASTE TIRE RECYCLING, ABATEMENT, AND DISPOSAL TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the ``Waste Tire
Recycling, Abatement, and Disposal Trust Fund'' consisting of such
amounts as may be appropriated or credited to such Trust Fund as
provided in this section or section 9602(b).
    ``(b) Transfers to Trust Fund.--There are appropriated to the Waste
Tire Recycling, Abatement, and Disposal Trust Fund amounts equivalent
to--
            ``(1) taxes received in the Treasury under section 4691
        (relating to an assessment on motor vehicle tires); and
            ``(2) amounts received in the Treasury and collected under
        section 4011 of the Solid Waste Disposal Act.
    ``(c) Expenditures.--Amounts in the Waste Tire Recycling,
Abatement, and Disposal Trust Fund shall be available, as provided in
appropriation Acts, only for the purpose of making expenditures to
carry out the purposes of section 4011 of the Solid Waste Disposal Act.
    ``(d) Authority to Borrow.--
            ``(1) In general.--There are authorized to be appropriated
        to the Waste Tire Recycling, Abatement, and Disposal Trust
        Fund, as repayable advances, such sums as may be necessary to
        carry out the purposes of section 4011(k) of the Solid Waste
        Disposal Act.
            ``(2) Limitation on aggregate advances.--The maximum
        aggregate amount of repayable advances to the Waste Tire
        Recycling, Abatement, and Disposal Trust Fund which is
        outstanding at any one time shall not exceed an amount equal to
        the amount which the Secretary estimates will be equal to the
        sum of the amounts received from the tax imposed by section
        4691 during any 2-year period.
            ``(3) Repayment of advances.--
                    ``(A) In general.--Advances made to the Waste Tire
                Recycling, Abatement, and Disposal Trust Fund shall be
                repaid, and interest on such advances shall be paid, to
                the general fund of the Treasury when the Secretary
                determines that moneys are available for such purposes
                in the Waste Tire Recycling, Abatement, and Disposal
                Trust Fund.
                    ``(B) Date for termination of advances.--No advance
                shall be paid to the Trust Fund after December 31, 2001
                and all advances to the Trust Fund shall be repaid on
                or before such date.
                    ``(C) Interest rate on advances.--Interest on
                advances made to the Trust Fund shall be at a rate
                determined by the Secretary to be equal to the current
                market yield on outstanding marketable obligations of
                the United States with remaining periods to maturity
                comparable to the anticipated period during which the
                advance will be outstanding, and shall be compounded
                annually.''.
            (b) Conforming Amendment.--The table of sections for
        subchapter A of chapter 98 of such Code is amended by adding
        after the item relating to section 9511 the following:

                              ``Sec. 9511. Waste Tire Recycling,
                                        Abatement, and Disposal Trust
                                        Fund.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intermodal Equipment Safety and
Responsibility Act of 2003''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Promoting safety on United States highways is a
        national priority. The Secretary of Transportation has
        promulgated the Federal Motor Carrier Safety Regulations to
        further this purpose. The systematic maintenance, repair, and
        inspection of equipment traveling on public highways in
        interstate commerce are an integral part of this safety regime.
            (2) Intermodal transportation plays a significant role in
        expanding the United States economy, which depends heavily upon
        the ability to transport goods by various modes of
        transportation.
            (3) Although motor carriers and their drivers often receive
        trailers, chassis, containers, and other items of intermodal
        equipment to be transported in interstate commerce, they do not
        possess the requisite level of control or authority over this
        intermodal equipment to perform the systematic maintenance,
        repair, and inspection necessary to ensure compliance with the
        applicable Federal Motor Carrier Safety Regulations and to
        ensure the safety of United States highways.
            (4) As a result of roadside inspections, motor carriers and
        their drivers are cited and fined for violations of the Federal
        Motor Carrier Safety Regulations attributable to intermodal
        equipment that they do not have the opportunity to
        systematically maintain. These violations negatively affect the
        safety records of motor carriers.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure that only those parties that
control intermodal equipment transported on public highways in the
United States (and thus have the opportunity and authority to
systematically maintain, repair, and inspect the intermodal equipment)
have legal responsibility for the safety of that equipment as it
travels in interstate commerce.

SEC. 4. DEFINITIONS.

    Section 5901 of title 49, United States Code, is amended by adding
at the end the following new paragraphs:
            ``(9) `motor carrier' includes--
                    ``(A) a motor private carrier, as defined in
                section 13102 of this title; and
                    ``(B) an agent of a motor carrier.
            ``(10) `intermodal equipment'--
                    ``(A) means equipment that is commonly used in the
                intermodal transportation of freight over public
                highways as an instrumentality of foreign or interstate
                commerce; and
                    ``(B) includes a trailer, chassis, container, and
                any device associated with a trailer, chassis, or
                container.
            ``(11) `equipment interchange agreement', with respect to
        intermodal equipment, means a written document that--
                    ``(A) is executed by a controller of the equipment,
                or its agent, and a motor carrier; and
                    ``(B) establishes the responsibilities and
                liabilities of both parties as they relate to the
                interchange of the equipment.
            ``(12) `controller', with respect to intermodal equipment,
        means any party that has any legal right, title, or interest in
        the equipment, except that a motor carrier--
                    ``(A) is not a controller of the equipment solely
                because it provides or arranges for any part of the
                intermodal transportation of the equipment; and
                    ``(B) may not be considered a controller of the
                equipment if authority for systematic maintenance and
                repairs of the equipment has not been delegated to the
                motor carrier.
            ``(13) `interchange', with respect to intermodal equipment,
        means the act of providing the equipment to a motor carrier for
        the purpose of transporting the equipment for loading or
        unloading by any party or repositioning the equipment for the
        benefit of the equipment controller, except that such term does
        not mean the leasing of the equipment to a motor carrier for
        use in the motor carrier's over-the-road freight hauling
        operations.
            ``(14) `applicable safety regulations' means the
        regulations applicable to controllers of intermodal equipment
        under section 5909 of this title.''.

SEC. 5. JURISDICTION OVER EQUIPMENT CONTROLLERS.

    Chapter 59 of title 49, United States Code, is amended by adding at
the end the following new section:
``Sec. 5909. Jurisdiction over equipment controller
    ``The authority of the Secretary of Transportation to prescribe
regulations on commercial motor vehicle safety under section 31136 of
this title shall apply to controllers of intermodal equipment that is
interchanged or to be interchanged.''.

SEC. 6. EQUIPMENT CONTROLLER RESPONSIBILITY.

    (a) In General.--Chapter 59 of title 49, United States Code, as
amended by section 5, is further amended by adding at the end the
following new section:
``Sec. 5910. Equipment inspection, repair, and maintenance
    ``(a) In General.--Notwithstanding any provision of an equipment
interchange agreement, a controller of intermodal equipment that is
interchanged or to be interchanged--
            ``(1) shall be responsible and held liable for the
        systematic inspection, maintenance, and repair of the
        equipment;
            ``(2) shall, each time prior to offering a motor carrier
        the equipment for interchange, inspect the equipment and
        provide such maintenance on, and make such repairs to, the
        equipment to ensure that such equipment complies with all
        applicable safety regulations at all times; and
            ``(3) shall not offer intermodal equipment to a motor
        carrier unless such equipment has been inspected and repaired
        as necessary to comply with such regulations.
    ``(b) Reimbursement.--
            ``(1) In general.--In the event that a repair of
        interchanged intermodal equipment is necessary while in a motor
        carrier's possession in order to comply with applicable safety
        regulations, the controller of the equipment shall promptly
        reimburse the motor carrier for the actual expenses that are
        incurred by the motor carrier for the necessary repair,
        together with compensation for any loss incurred by the motor
        carrier by reason of delay in the transportation of the
        equipment necessitated by the need for the repair.
            ``(2) Exception.--The controller of intermodal equipment
        shall not be liable to provide reimbursement or compensation
        for a repair to a motor carrier under paragraph (1) if the
        motor carrier's negligence or willful misconduct caused the
        condition requiring the repair.
    ``(c) Fines.--The Secretary may prescribe fines against controllers
of intermodal equipment for violations of this section.''.

SEC. 7. SAFETY COMPLIANCE.

    (a) In General.--Chapter 59 of title 49, United States Code, as
amended by section 6, is further amended by adding at the end the
following new section:
``Sec. 5911. Compliance with safety regulations
    ``(a) Liability of Equipment Controller.--Notwithstanding any
provision of an equipment interchange agreement, the controller of
intermodal equipment covered by such agreement shall be liable for each
violation of applicable safety regulations that is attributable to such
equipment and shall pay any fine, penalty, and damages resulting from
such violation, except that the controller of such equipment shall not
be liable for any such violations that is proximately caused by the
negligence or willful misconduct of a motor carrier that is not the
controller of such equipment.
    ``(b) Limitation on Liability of Motor Carrier.--A motor carrier
who receives intermodal equipment through interchange may not be held
liable for a violation of applicable safety regulations that is
attributable to such equipment other than under the circumstances and
to the extent provided in subsection (a).
    ``(c) Limitation on Effect.--No record or report of a violation of
applicable safety regulations attributable to interchanged intermodal
equipment, whether issued by a Federal, State, or local law enforcement
authority, shall have any effect on a motor carrier's overall safety
rating or safety status measurement system score, as determined by the
Federal Motor Carrier Safety Administration, or on a driving record of
a driver for the motor carrier unless such violation was proximately
caused by the negligence or willful misconduct of the motor carrier or
driver, respectively.
    ``(d) Procedure for Records Corrections.--The Secretary of
Transportation shall prescribe an expedited procedure to correct
records or reports of violations that under subsection (c) should not
have been adversely affected by a violation of applicable safety
regulations.''.
    (b) Time for Prescribing Records Correction Procedures.--The
Secretary shall issue final regulations setting forth the expedited
procedures required by section 5910(d) of title 49, United States Code,
not later than 180 days after the date of enactment of this Act.

SEC. 8. AUTHORITY TO INSPECT.

    Chapter 59 of title 49, United States Code, as amended by section
7, is further amended by adding at the end the following new section:
``Sec. 5912. Authority to inspect
    ``(a) Authority.--The Secretary of Transportation is authorized to
enter any facility of a controller of intermodal equipment interchanged
for use on a public highway in order to inspect the equipment to
determine whether the equipment complies with the applicable
regulations.
    ``(b) Inspection Program.--The Secretary shall establish and
implement with appropriate staffing an inspection and audit program at
facilities of controllers of intermodal equipment in order to make
determinations under subsection (a). Inspection of equipment and
maintenance records for such equipment at such facility shall take
place not less frequently than once every 3 months.
    ``(c) Non-Complying Equipment.--Any intermodal equipment that is
determined under this section as failing to comply with applicable
safety regulations shall be placed out of service and may not be used
on a public highway until the repairs necessary to bring such equipment
into compliance have been completed. Repairs of equipment placed out of
service shall be documented in the maintenance records for such
equipment.''.

SEC. 9. PROHIBITION ON RETALIATION.

    Chapter 59 of title 49, United States Code, as amended by section
8, is further amended by adding at the end the following new section:
``Sec. 5913. Penalties for retaliation
    ``(a) Retaliation Prohibited.--A controller of intermodal equipment
may not take any action to threaten, coerce, discipline, discriminate,
or otherwise retaliate against a motor carrier in response to a request
made by the motor carrier for maintenance or repair of equipment
intended for interchange in order to comply with the applicable safety
regulations.
    ``(b) Failure To Timely Provide Safe Equipment Deemed To Be
Retaliation.--Upon receiving a motor carrier's request for maintenance
or repair of intermodal equipment to be picked up by the motor carrier
in an interchange of equipment, the controller of intermodal equipment
shall be considered to have retaliated against the motor carrier for
the purposes of this section if the controller of intermodal equipment
fails to provide the motor carrier with the equipment in a condition
compliant with the applicable safety regulations within 60 minutes
after the motor carrier arrives to pick up the equipment at the place
where the equipment is to be picked up.
    ``(c) Penalty.--A controller of intermodal equipment that violates
subsection (a) shall be liable to the United States Government for a
civil penalty of up to $10,000 for each violation.''.

SEC. 10. DELEGATION OF MAINTENANCE RESPONSIBILITY.

    Chapter 59 of title 49, United States Code, as amended by section
9, is further amended by adding at the end the following new section:
``Sec. 5914. Maintenance responsibility
    ``A controller of intermodal equipment may not delegate its
responsibility to systematically maintain and repair equipment intended
for interchange to a motor carrier or motor carrier agent in an
equipment interchange agreement.''.

SEC. 11. COMPATIBILITY OF STATE LAWS.

    (a) In General.--Chapter 59 of title 49, United States Code, as
amended by section 10, is further amended by adding at the end the
following new section:
``Sec. 5915. Compatibility of State laws
    ``(a) Preemption Generally.--Except as provided in subsection (b)
or as otherwise authorized by Federal law, a law, regulation, order, or
other requirement of a State or political subdivision of a State, or of
a tribal organization, is preempted if compliance with such law,
regulation, order, or other requirement would preclude compliance with
a requirement imposed under this chapter.
    ``(b) Certain Rules not Preempted.--A law, regulation, order, or
other requirement of a State or political subdivision of a State, or of
a tribal organization, shall not be preempted under subsection (a) if
such law, regulation, order, or other requirement is more stringent
than, but otherwise compatible with, a requirement under this chapter.
    ``(c) Tribal Organization Defined.--In this section, the term
`tribal organization' has the meaning given such term in section (4)(l)
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(l)).''.

SEC. 12. REPEAL OF OBSOLETE PROVISION.

    Section 5907 of title 49, United States Code, is repealed.

SEC. 13. CLERICAL AMENDMENTS.

    The table of sections at the beginning of such chapter is amended--
            (1) by striking the item relating to section 5907; and
            (2) by adding at the end the following:

``5909. Jurisdiction over equipment controller.
``5910. Equipment inspection, repair, and maintenance.
``5911. Compliance with safety regulations.
``5912. Authority to inspect.
``5913. Penalties for retaliation.
``5914. Maintenance responsibility.
``5915. Compatibility of State laws.''.

SEC. 14. IMPLEMENTING REGULATIONS.

    (a) Regulations.--The Secretary of Transportation, after notice and
opportunity for comment, shall issue regulations implementing the
provisions of this Act. The regulations shall be issued as part of the
Federal Motor Carrier Safety Regulations of the Department of
Transportation. The implementing regulations shall include--
            (1) a requirement to identify controllers of intermodal
        equipment that is interchanged or intended for interchange in
        intermodal transportation;
            (2) a requirement to match such equipment readily to its
        controller through a unique identifying number;
            (3) a requirement to ensure that each controller of
        intermodal equipment maintains a system of maintenance and
        repair records for such equipment;
            (4) a requirement to evaluate the compliance of controllers
        of intermodal equipment with the applicable Federal Motor
        Carrier Safety Regulations;
            (5) a provision that prohibits controllers of intermodal
        equipment that fail to attain satisfactory compliance with such
        regulations from authorizing the placement of equipment on
        public highways;
            (6) a requirement for the Secretary to consider the effect
        that adequate maintenance facilities may have on safety
        condition of equipment;
            (7) a process by which motor carriers and agents of motor
        carriers may anonymously petition the Federal Motor Carrier
        Safety Administration to undertake an investigation of a
        noncompliant controller of intermodal equipment;
            (8) administrative procedures to resolve disputes arising
        under the regulations; and
            (9) the inspection and audit program required under section
        5912(b) of title 49, United States Code, as added by section 8.
    (b) Time for Issuing Regulations.--The regulations required under
subsection (a) shall be developed pursuant to a rulemaking proceeding
initiated not later than 120 days after the date of the enactment of
this Act and shall be issued not later than one year after such date of
enactment.
    (c) Definitions.--For the purposes of this section, the definitions
set forth in section 5901 of title 49, United States Code, as amended
by section 4, shall apply.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Federal Motor Carrier
Safety Administration such sums as may be necessary for the
establishment and implementation of the inspection program required
under section 5912 of title 49, United States Code, as added by section
8.

SEC. 16. EFFECTIVE DATE.

    Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of this Act and the
amendments made by such sections shall take effect 30 days after the
date of the enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Development Act of
1994''.

SEC. 2. GLOBAL ENVIRONMENT FACILITY.

    The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended
by adding at the end the following:

``SEC. 61. CONTRIBUTION TO GLOBAL ENVIRONMENT FACILITY.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Bank
        may contribute $400,000,000 on behalf of the United States to
        the Global Environment Facility.
            ``(2) Subject to appropriations.--The authority provided by
        paragraph (1) shall be effective only to such extent and in
        such amounts as are provided in advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated to the Secretary of the Treasury not more than
$400,000,000, without fiscal year limitation.''.

SEC. 3. AFRICAN DEVELOPMENT FUND.

    (a) In General.--The African Development Fund Act (22 U.S.C. 290g-
290g-15) is amended by adding at the end the following:

``SEC. 217. SEVENTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Fund
        may contribute $315,000,000 to the seventh replenishment of the
        resources of the Fund.
            ``(2) Subject to appropriations.--The authority provided by
        paragraph (1) shall be effective only to such extent and in
        such amounts as are provided in advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated to the Secretary of the Treasury not more than
$315,000,000, without fiscal year limitation.''.
    (b) Effective Date.--The amendment made by subsection (a) shall
take effect on the later of--
            (1) October 1, 1994; or
            (2) the date the Secretary of the Treasury notifies the
        Congress that the negotiations of the seventh replenishment of
        the resources of the African Development Fund have been
        concluded successfully.

SEC. 4. INTER-AMERICAN DEVELOPMENT BANK AND FUND FOR SPECIAL
              OPERATIONS.

    The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is
amended by adding at the end the following:

``SEC. 38. CAPITAL INCREASE; INCREASE IN RESOURCES OF FUND FOR SPECIAL
              OPERATIONS.

    ``(a) Authority To Vote for Increase in Authorized Capital Stock of
Bank and Increase in Resources of Fund for Special Operations.--The
United States Governor of the Bank may vote for resolutions which--
            ``(1) were transmitted by the Board of Executive Directors
        to the Governors of the Bank by resolution of __________;
            ``(2) are pending before the Board of Governors of the
        Bank; and
            ``(3) provide for--
                    ``(A) an increase in the authorized capital stock
                of the Bank and subscriptions to the Bank; and
                    ``(B) an increase in the resources of the Fund for
                Special Operations and contributions to the Fund.
    ``(b) Subscription and Contribution Authority.--
            ``(1) In general.--On adoption of the resolutions described
        in subsection (a), the United States Governor of the Bank may,
        on behalf of the United States--
                    ``(A) subscribe to 760,644 shares of the increase
                in the authorized capital stock of the Bank, 12,738 of
                which shall be shares of paid-in capital stock and
                747,906 of which shall be shares of callable capital
                stock; and
                    ``(B) contribute $82,304,000 to the Fund for
                Special Operations.
            ``(2) Subject to appropriations.--The authority provided by
        paragraph (1) shall be effective only to such extent and in
        such amounts as are provided in advance in appropriations Acts.
    ``(c) Limitations on Authorization of Appropriations.--
            ``(1) Subscription.--For the subscription authorized by
        subsection (b)(1)(A), there are authorized to be appropriated
        to the Secretary of the Treasury, without fiscal year
        limitation--
                    ``(A) not more than $76,832,001 for shares of paid-
                in capital stock of the Bank; and
                    ``(B) not more than $4,511,156,729 for shares of
                callable capital stock of the Bank.
            ``(2) Contribution.--For the contribution authorized by
        subsection (b)(1)(B), there are authorized to be appropriated
        to the Secretary of the Treasury not more than $82,304,000,
        without fiscal year limitation.
    ``(d) Authority To Vote for Certain Resolutions.--The United States
Governor of the Bank may vote for a proposed resolution of the Board of
Governors entitled `Amendments to the Agreement Establishing the Inter-
American Development Bank, the Regulations of the Board of Governors,
the General Rules Governing Admission of Nonregional Countries to
Membership in the Bank, and the Regulations for the Election of
Executive Directors', which was submitted to the Board of Governors
pursuant to a resolution of the Board of Executive Directors approved
on __________.''.

SEC. 5. ENHANCED STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL
              MONETARY FUND.

    The Bretton Woods Agreements Act (22 U.S.C. 286-286mm), as amended
by section 2 of this Act, is amended by adding at the end the
following:

``SEC. 62. CONTRIBUTION TO THE INTEREST SUBSIDY ACCOUNT OF THE ENHANCED
              STRUCTURAL ADJUSTMENT FACILITY OF THE INTERNATIONAL
              MONETARY FUND.

    ``(a) Contribution Authority.--
            ``(1) In general.--Subject to paragraph (2), the United
        States Governor of the Fund may make contributions on behalf of
        the United States in fulfillment of the United States
        commitment to contribute to the Interest Subsidy Account of the
        Enhanced Structural Adjustment Facility of the Fund.
            ``(2) Subject to appropriations.--The authority provided by
        paragraph (1) shall be effective only to such extent and in
        such amounts as are provided in advance in appropriations Acts.
    ``(b) Limitation on Authorization of Appropriations.--For the
contribution authorized by subsection (a), there are authorized to be
appropriated to the Secretary of the Treasury not more than
$25,000,000, without fiscal year limitation.''.

SEC. 6. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY INVOLVEMENT
              IN THE ECONOMIES OF RECIPIENT COUNTRIES.

    Title XV of the International Financial Institutions Act (22 U.S.C.
262o) is amended by adding at the end the following:

``SEC. 1502. MILITARY SPENDING BY RECIPIENT COUNTRIES; MILITARY
              INVOLVEMENT IN THE ECONOMIES OF RECIPIENT COUNTRIES.

    ``(a) Consideration of Commitment to Achieving Certain Goals.--The
Secretary of the Treasury shall instruct the United States Executive
Directors of the international financial institutions (as defined in
section 1701(c)(2)) to promote growth in the international economy by
taking into account, when considering whether to support or oppose loan
proposals at these institutions, the extent to which the recipient
government has demonstrated a commitment to achieving the following
goals:
            ``(1) To provide accurate and complete data on the annual
        expenditures and receipts of the armed forces.
            ``(2) To end excessive military involvement in the economy.
            ``(3) To make substantial reductions in excessive military
        spending and forces.
            ``(4) To end corruption involoving members of the armed
        forces.
The Secretary shall submit to the Committees on Banking, Finance and
Urban Affairs and on Appropriations of the House of Representatives and
the Committees on Foreign Relations and on Appropriations of the Senate
a report on the steps taken to determine appropriate definitions of the
goals set forth in subsection (a).
    ``(b) Steps to Achieve Goals Required.--The Secretary of the
Treasury shall instruct the United States Executive Directors of the
international financial institutions (as so defined) to promote a
policy at each institution under which--
            ``(1) the staff will include in its supporting documents
        for each proposed loan a report on military expenditures and an
        assessment of the steps taken by the recipient government to
        achieve the goals set forth in subsection (a);
            ``(2) the governing body will not approve proposed loans
        where insufficient effort has been made to achieve such goals,
        except in cases where the proposed loans are specifically
        designed to meet the basic human needs of the poor; and
            ``(3) a report on military expenditures and an assessment
        of the steps taken by the recipient government to achieve the
        goals set forth in subsection (a) will be included in regular
        policy consultations with developing countries.
    ``(c) Conditional Opposition to Loans to Indonesia.--In furtherance
of the policy established by subsection (a), the Secretary of the
Treasury, in consultation with the Secretary of State, shall, not later
than May 1, 1995, submit to the Committees on Banking, Finance and
Urban Affairs and on Appropriations of the House of Representatives and
the Committees on Foreign Relations and on Appropriations of the Senate
a report on the performance of the Government of Indonesia in achieving
or implementing a credible plan to achieve the goals set forth in
subsection (a).''.

SEC. 7. RESPECT FOR INDIGENOUS PEOPLES.

    Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-5) is amended by redesignating section 1620 as section
1621 and by inserting after section 1619 the following:

``SEC. 1620. RESPECT FOR INDIGENOUS PEOPLES.

    ``The Secretary of the Treasury shall direct the United States
Executive Directors of the international financial institutions (as
defined in section 1701(c)(2)) and the United States representative to
the council of the Global Environment Facility administered by the
International Bank for Reconstruction and Development to use the voice
and vote of the United States to bring about the creation and full
implementation of policies designed to promote respect for and full
protection of the territorial rights, traditional economies, cultural
integrity, traditional knowledge, and human rights of indigenous
peoples.''.

SEC. 8. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE CARRIBEAN.

    The Inter-American Development Bank Act (22 U.S.C. 283-283z-9) is
amended by adding at the end the following:

``SEC. 38. FOCUS ON LOW-INCOME AREAS OF LATIN AMERICA AND THE
              CARRIBEAN.

    ``The Secretary of the Treasury shall direct the United States
Executive Director of the Bank to use the voice and vote of the United
States to support an increased focus on the poorest countries in Latin
America and the Carribean, and on poorer areas of better off countries,
and to support porgrams conducted by the Multilateral Investment Fund,
particularly in targeting low-income countries and populations, working
with nongovernmental organizations and training and assisting former
combatants from civil conflicts in Latin America.''.

SEC. 9. GUARANTEE OF WORKER RIGHTS.

    Title XVI of the International Financial Institutions Act (22
U.S.C. 262p-262p-5), as amended by section 7 of this Act, is amended by
redesignating section 1621 as section 1622 and by inserting after
section 1620 the following:

``SEC. 1621. GUARANTEE OF WORKER RIGHTS.

    ``The Secretary of the Treasury shall direct the United States
Executive Director at each international financial institution (as
defined in section 1701(c)(2) of this Act) to use the voice and vote of
the United States to urge the respective institution to adopt policies
to encourage borrowing countries to guarantee internationally
recognized worker rights (within the meaning of section 502(a)(4) of
the Trade Act of 1974).''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Space Station
Independent Safety Commission Act of 2004''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Commission'' means the Commission
        established under this Act;
            (2) the term ``ISS'' means the International Space Station;
            (3) the term ``NASA'' means the National Aeronautics and
        Space Administration;
            (4) the term ``NASA Administrator'' means the Administrator
        of NASA; and
            (5) the term ``NTSB'' means the National Transportation
        Safety Board.

SEC. 3. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--The President shall establish an independent,
nonpartisan Commission within the executive branch to discover and
assess any vulnerabilities of the International Space Station that
could lead to its destruction, compromise the health of its crew, or
necessitate its premature abandonment.
    (b) Deadline for Establishment.--The President shall issue an
executive order establishing a Commission within 30 days after the date
of enactment of this Act.

SEC. 4. COMPOSITION OF COMMISSION.

    (a) Number of Commissioners.--The Commission shall consist of 15
members.
    (b) Selection.--The members of the Commission shall be chosen in
the following manner:
            (1) The Chairman of the NTSB shall be a member of the
        Commission.
            (2) The President shall appoint the remaining 14 members,
        and shall designate the Chairman and Vice Chairman of the
        Commission from among its members.
            (3) Five of the 14 members appointed by the President shall
        be selected by the President in the following manner:
                    (A) The majority leader of the Senate, the minority
                leader of the Senate, the Speaker of the House of
                Representatives, the minority leader of the House of
                Representatives, and the President of the collective-
                bargaining organization including the largest number of
                NASA engineers, shall each provide to the President a
                list of candidates for membership on the Commission.
                    (B) The President shall select one of the
                candidates from each of the 5 lists for membership on
                the Commission.
            (4)(A) With the exception of the Chairman of the NTSB, no
        officer or employee of the Federal Government shall serve as a
        member of the Commission.
            (B) No member of the Commission shall have, or have
        pending, a contractual relationship with NASA.
            (C) The President may waive the prohibitions in
        subparagraphs (A) and (B) with respect to the selection of not
        more than 2 members of the Commission.
            (5) The President shall not appoint any individual as a
        member of the Commission who has a current or former
        relationship with the NASA Administrator that the President
        determines would constitute a conflict of interest.
            (6) To the extent practicable, the President shall ensure
        that the members of the Commission include some individuals
        with experience relative to human-carrying spacecraft, as well
        as some individuals with investigative experience and some
        individuals with legal experience.
            (7) To the extent practicable, the President shall seek
        diversity in the membership of the Commission.
    (c) Deadline for Appointment.--All members of the Commission shall
be appointed no later than 60 days after issuance of the executive
order establishing the Commission.
    (d) Initial Meeting.--The Commission shall meet and begin
operations as soon as practicable.
    (e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chairman or a majority of its members.
Eight members of the Commission shall constitute a quorum. Any vacancy
in the Commission shall not affect its powers, but shall be filled in
the same manner in which the original appointment was made.

SEC. 5. TASKS OF THE COMMISSION.

    The Commission shall, to the extent possible, undertake the
following tasks:
            (1) Catalog threats to and vulnerabilities of the ISS,
        including design flaws, natural phenomena, computer software or
        hardware flaws, sabotage or terrorist attack, number of
        crewmembers, and inability to adequately deliver replacement
        parts and supplies, and management or procedural deficiencies.
            (2) Make recommendations for corrective actions.
            (3) Provide any additional findings or recommendations
        considered by the Commission to be important, whether or not
        they are related to ISS safety.
            (4) Prepare a report to Congress, the President, and the
        public.

SEC. 6. POWERS OF COMMISSION.

    (a) In General.--
            (1) Hearings and evidence.--The Commission or, on the
        authority of the Commission, any subcommittee or member
        thereof, may, for the purpose of carrying out this Act--
                    (A) hold such hearings and sit and act at such
                times and places, take such testimony, receive such
                evidence, administer such oaths; and
                    (B) subject to paragraph (2)(A), require, by
                subpoena or otherwise, the attendance and testimony of
                such witnesses and the production of such books,
                records, correspondence, memoranda, papers, and
                documents,
        as the Commission or such designated subcommittee or designated
        member may determine advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued
                        under this subsection only--
                                    (I) by the agreement of the
                                Chairman and the Vice Chairman; or
                                    (II) by the affirmative vote of 8
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i),
                        subpoenas issued under this subsection may be
                        issued under the signature of the Chairman or
                        any member designated by a majority of the
                        Commission, and may be served by any person
                        designated by the Chairman or by a member
                        designated by a majority of the Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy
                        or failure to obey a subpoena issued under
                        subparagraph (A), the United States district
                        court for the judicial district in which the
                        subpoenaed person resides, is served, or may be
                        found, or where the subpoena is returnable, may
                        issue an order requiring such person to appear
                        at any designated place to testify or to
                        produce documentary or other evidence. Any
                        failure to obey the order of the court may be
                        punished by the court as a contempt of that
                        court.
                            (ii) Additional enforcement.--In the case
                        of a failure of a witness to comply with a
                        subpoena or to testify when summoned under
                        authority of this section, the Commission may,
                        by majority vote, certify a statement of fact
                        constituting such failure to the appropriate
                        United States attorney, who may bring the
                        matter before a grand jury for its action,
                        under the same statutory authority and
                        procedures as if the United States attorney had
                        received a certification under sections 102
                        through 104 of the Revised Statutes of the
                        United States (2 U.S.C. 192 through 194).
    (b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
    (c) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from
        any executive department, bureau, agency, board, commission,
        office, independent establishment, or instrumentality of the
        Government, information, suggestions, estimates, and statistics
        for the purposes of this Act. Each department, bureau, agency,
        board, commission, office, independent establishment, or
        instrumentality shall, to the extent authorized by law, furnish
        such information, suggestions, estimates, and statistics
        directly to the Commission, upon request made by the Chairman,
        the chairman of any subcommittee created by a majority of the
        Commission, or any member designated by a majority of the
        Commission.
            (2) Receipt, handling, storage, and dissemination.--
        Information shall be received, handled, stored, and
        disseminated by members of the Commission and its staff
        consistent with all applicable statutes, regulations, and
        Executive orders.
    (d) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of
        General Services shall provide to the Commission on a
        reimbursable basis administrative support and other services
        for the performance of the Commission's tasks.
            (2) Other departments and agencies.--In addition to the
        assistance prescribed in paragraph (1), departments and
        agencies of the United States may provide to the Commission
        such services, funds, facilities, staff, and other support
        services as they may determine advisable and as may be
        authorized by law.
            (3) NASA engineering and safety center.--The NASA
        Engineering and Safety Center shall provide data and technical
        support as requested by the Commission.
    (e) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.

SEC. 7. PUBLIC MEETINGS, INFORMATION, AND HEARINGS.

    (a) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
            (1) hold public hearings and meetings to the extent
        appropriate; and
            (2) release public versions of the reports required under
        this Act.
    (b) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.

SEC. 8. STAFF OF COMMISSION.

    (a) In General.--
            (1) Appointment and compensation.--The Chairman, in
        consultation with Vice Chairman, in accordance with rules
        agreed upon by the Commission, may appoint and fix the
        compensation of a staff director and such other personnel as
        may be necessary to enable the Commission to carry out its
        functions, without regard to the provisions of title 5, United
        States Code, governing appointments in the competitive service,
        and without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of such title relating to
        classification and General Schedule pay rates, except that no
        rate of pay fixed under this paragraph may exceed the
        equivalent of that payable for a position at level V of the
        Executive Schedule under section 5316 of title 5, United States
        Code. Employees of NASA shall not be appointed to the staff of
        the Commission.
            (2) Personnel as federal employees.--
                    (A) In general.--The executive director and any
                personnel of the Commission shall be considered
                employees under section 2105 of title 5, United States
                Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
                89, and 90 of that title.
                    (B) Members of commission.--Subparagraph (A) does
                not apply to members of the Commission.
    (b) Detailees.--Any Federal Government employee, except for an
employee of NASA, may be detailed to the Commission without
reimbursement from the Commission, and such detailee shall retain the
rights, status, and privileges of his or her regular employment without
interruption.
    (c) Consultant Services.--The Commission may procure the services
of experts and consultants in accordance with section 3109 of title 5,
United States Code, but at rates not to exceed the daily rate paid a
person occupying a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code. Any consultant or expert
whose services are procured under this subsection shall disclose any
contract or association it has with NASA or any NASA contractor.

SEC. 9. COMPENSATION AND TRAVEL EXPENSES.

    (a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
    (b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.

SEC. 10. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.

    The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements. No person
shall be provided with access to classified information under this Act
without the appropriate security clearances.

SEC. 11. REPORTING REQUIREMENTS AND TERMINATION.

    (a) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations for corrective actions as have been agreed to by a
majority of Commission members.
    (b) Final Report.--The Commission shall submit to the President and
Congress, and make concurrently available to the public, a final report
containing such findings, conclusions, and recommendations for
corrective actions as have been agreed to by a majority of Commission
members. Such report shall include any minority views or opinions not
reflected in the majority report.
    (c) Termination.--
            (1) In general.--The Commission, and all the authorities of
        this Act with respect to the Commission, shall terminate 60
        days after the date on which the final report is submitted
        under subsection (b).
            (2) Administrative activities before termination.--The
        Commission may use the 60-day period referred to in paragraph
        (1) for the purpose of concluding its activities, including
        providing testimony to committees of Congress concerning its
        reports and disseminating the final report.
    (d) National Academy of Sciences Review.--The NASA Administrator
shall enter into an arrangement with the National Academy of Sciences
for a review of compliance with the recommendations of the Commission.
The National Academy of Sciences may consult with former members of the
Commission as appropriate. The NASA Administrator shall transmit a
report to the Congress containing the results of the review not later
than 18 months after the date the final report of the Commission is
submitted under section 11(b).

SEC. 12. FUNDING.

    Such sums as are necessary to carry out this Act are authorized to
be appropriated. Sums authorized by this Act shall remain available
until the termination of the Commission.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Tuberculosis Control
Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that:
            (1) Tuberculosis is a great health and economic burden to
        impoverished nations and a health and security threat to the
        United States and other industrialized countries.
            (2) Tuberculosis kills 2,000,000 people each year (a person
        every 15 seconds) and is second only to HIV/AIDS as the
        greatest infectious killer of adults worldwide.
            (3) Tuberculosis is today the leading killer of women of
        reproductive age and of people who are HIV-positive.
            (4) One-third of the world's population is currently
        infected with the tuberculosis bacterium, including 10,000,000
        through 15,000,000 persons in the United States, and someone in
        the world is newly infected with tuberculosis every second.
            (5) With 46 percent of tuberculosis cases in the United
        States in the year 2000 found in foreign-born persons, as
        compared to 24 percent in 1990, it is clear that the only way
        to control tuberculosis in the United States is to control it
        worldwide.
            (6) Left untreated, a person with active tuberculosis can
        infect an average of 10 through 15 people in one year.
            (7) Pakistan and Afghanistan are among the 22 countries
        identified by the World Health Organization as having the
        highest tuberculosis burden globally.
            (8) More than one-quarter of all adult deaths in Pakistan
        are due to tuberculosis, and Afghan refugees entering Pakistan
        have very high rates of tuberculosis, with refugee camps, in
        particular, being areas where tuberculosis runs rampant.
            (9) The tuberculosis and AIDS epidemics are inextricably
        linked. Tuberculosis is the first manifestation of AIDS in more
        than 50 percent of cases in developing countries and is
        responsible for 40 percent or more of deaths of people with
        AIDS worldwide.
            (10) An effective, low-cost cure exists for tuberculosis:
        Directly Observed Treatment Short-course or DOTS. Expansion of
        DOTS is an urgent global priority.
            (11) DOTS is one of the most cost-effective health
        interventions available today. A full course of DOTS drugs
        costs as little as US$10 in low-income countries.
            (12) Proper DOTS treatment is imperative to prevent the
        development of dangerous multidrug resistant tuberculosis (MDR-
        TB) that arises through improper or incomplete tuberculosis
        treatment.
            (13) The Global Fund to fight AIDS, Tuberculosis, and
        Malaria is an important new global partnership established to
        combat these 3 infectious diseases that together kill 6,000,000
        people a year. Expansion of effective tuberculosis treatment
        programs should constitute a major component of Global Fund
        investment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) DOTS.--The term ``DOTS'' or ``Directly Observed
        Treatment Short-course'' means the World Health Organization-
        recommended strategy for treating standard tuberculosis.
            (2) Global alliance for tuberculosis drug development.--The
        term ``Global Alliance for Tuberculosis Drug Development''
        means the public-private partnership that brings together
        leaders in health, science, philanthropy, and private industry
        to devise new approaches to tuberculosis and to ensure that new
        medications are available and affordable in high tuberculosis
        burden countries and other affected countries.
            (3) Global plan to stop tuberculosis.--The term ``Global
        Plan to Stop Tuberculosis'' means the plan developed jointly by
        the Stop Tuberculosis Partnership Secretariat and Partners in
        Health that lays out what needs to be done to control and
        eliminate tuberculosis.
            (4) Global tuberculosis drug facility.--The term ``Global
        Tuberculosis Drug Facility (GDF)'' means the new initiative of
        the Stop Tuberculosis Partnership to increase access to high-
        quality tuberculosis drugs to facilitate DOTS expansion.
            (5) Stop tuberculosis partnership.--The term ``Stop
        Tuberculosis Partnership'' means the partnership of the World
        Health Organization, donors including the United States, high
        tuberculosis burden countries, multilateral agencies, and
        nongovernmental and technical agencies committed to short- and
        long-term measures required to control and eventually eliminate
        tuberculosis as a public health problem in the world.

 SEC. 4. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, CONTROL,
              AND ELIMINATION.

    Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)) is amended by adding at the end the following:
            ``(7)(A) Congress recognizes the growing international
        problem of tuberculosis and the impact its continued existence
        has on those countries that had previously largely controlled
        the disease. Congress further recognizes that the means exist
        to control and treat tuberculosis by implementing the Global
        Plan to Stop Tuberculosis and by adequately investing in newly
        created mechanisms, including the Global Tuberculosis Drug
        Facility, and that it is therefore a major objective of the
        foreign assistance program to control the disease. To this end,
        Congress expects the agency primarily responsible for
        administering this part--
                    ``(i) to coordinate with the World Health
                Organization, the Centers for Disease Control, the
                National Institutes of Health, and other organizations
                with respect to the development and implementation of a
                comprehensive tuberculosis control program; and
                    ``(ii) to set as a goal the detection of at least
                70 percent of the cases of infectious tuberculosis, and
                the cure of at least 85 percent of the cases detected,
                by December 31, 2005, in those countries classified by
                the World Health Organization as among the highest
                tuberculosis burden, and by December 31, 2010, in all
                countries in which the agency has established
                development programs.
            ``(B)(i) There is authorized to be appropriated
        $200,000,000 for each of the fiscal years 2003 through 2005 for
        carrying out this paragraph.
            ``(ii) Funds appropriated under this paragraph are
        authorized to remain available until expended.
            ``(C) In carrying out subparagraph (A), not less than 75
        percent of the amount authorized to be appropriated under
        subparagraph (B) shall be expended for antituberculosis drugs,
        supplies, patient services, and training in diagnosis and care,
        in order to increase directly observed treatment shortcourse
        (DOTS) coverage, including funding for the Global Tuberculosis
        Drug Facility.
            ``(D) In carrying out subparagraph (A), of the amount
        authorized to be appropriated under subparagraph (B)--
                    ``(i) not less than 10 percent shall be used for
                funding of the Global Tuberculosis Drug Facility;
                    ``(ii) not less than 7.5 percent shall be used for
                funding of the Stop Tuberculosis Partnership; and
                    ``(iii) not less than 2.5 percent shall be used for
                funding of the Global Alliance for Tuberculosis Drug
                Development.
            ``(E) The President shall submit a report to Congress
        annually specifying the increases in the number of people
        treated and the increases in number of tuberculosis patients
        cured through each program, project, or activity receiving
        United States foreign assistance for tuberculosis control
        purposes.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Freedom and Broadband
Deployment Act of 1999''.

 SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Internet access services are inherently interstate and
        international in nature, and should therefore not be subject to
        regulation by the States.
            (2) The imposition of regulations by the Federal
        Communications Commission and the States has impeded the rapid
        delivery of high speed Internet access services to the public,
        thereby reducing consumer choice and welfare.
            (3) The Telecommunications Act of 1996 represented a
        careful balance between the need to open up local
        telecommunications markets to competition and the need to
        increase competition in the provision of interLATA voice
        telecommunications services.
            (4) In enacting the prohibition on Bell operating company
        provision of interLATA services, Congress recognized that
        certain telecommunications services have characteristics that
        render them incompatible with the prohibition on Bell operating
        company provision of interLATA services, and exempted such
        services from the interLATA prohibition.
            (5) High speed data services and Internet access services
        constitute unique markets that are likewise incompatible with
        the prohibition on Bell operating company provision of
        interLATA services.
            (6) Since the enactment of the Telecommunications Act of
        1996, the Federal Communications Commission has construed the
        prohibition on Bell operating company provision of interLATA
        services in a manner that has impeded the development of
        advanced telecommunications services, thereby limiting consumer
        choice and welfare.
            (7) Internet users should have choice among competing
        Internet service providers.
            (8) Internet service providers should have the right to
        interconnect with high speed data networks in order to provide
        service to Internet users.
    (b) Purposes.--It is therefore the purpose of this Act to provide
market incentives for the rapid delivery of advanced telecommunications
services--
            (1) by deregulating high speed data services and Internet
        access services;
            (2) by clarifying that the prohibition on Bell operating
        company provision of interLATA services does not extend to the
        provision of high speed data services and Internet access
        services;
            (3) by ensuring that consumers can choose among competing
        Internet service providers; and
            (4) by ensuring that Internet service providers can
        interconnect with competitive high speed data networks in order
        to provide Internet access service to the public.

 SEC. 3. DEFINITIONS

    (a) Amendments.--Section 3 of the Communications Act of 1934 (47
U.S.C. 153) is amended--
            (1) by redesignating paragraph (20) as paragraph (21);
            (2) by redesignating paragraphs (21) through (52) as
        paragraphs (24) through (54), respectively;
            (3) by inserting after paragraph (19) the following new
        paragraph:
            ``(20) High speed data service.--The term `high speed data
        service' means any service that consists of or includes the
        offering of a capability to transmit, using a packet-switched
        or successor technology, information at a rate that is
        generally not less than 384 kilobits per second in at least one
        direction.'';
            (4) by inserting after paragraph (22) the following new
        paragraphs:
            ``(23) Internet.--The term ``Internet'' means collectively
        the myriad of computer and telecommunications facilities,
        including equipment and operating software, which comprise the
        interconnected world-wide network of networks that employ the
        Transmission Control Protocol/Internet Protocol, or any
        predecessor or successor protocols to such protocol, to
        communicate information of all kinds by wire or radio.
            ``(24) Internet Access Service.--The term `Internet access
        service' means (A) a service that combines computer processing,
        information storage, protocol conversion, and routing with
        transmission to enable users to access Internet content and
        services, and (B) the transmission of such service, but does
        not include the portion of such transmission from the user to
        the provider of such service.''.
    (b) Conforming Amendments.--
            (1) Section 230(f) of the Communications Act of 1934 (47
        U.S.C. 230(f)) is amended--
                    (A) by striking paragraph (1); and
                    (B) by redesignating paragraphs (2) through (4) as
                paragraphs (1) through (3), respectively.
            (2) Section 223(h)(2) of such Act (47 U.S.C. 223(h)(2)) is
        amended by striking ``230(f)(2)'' and inserting ``230(f)(1)''.

 SEC. 4. LIMITATION ON AUTHORITY TO REGULATE HIGH SPEED DATA SERVICES.

    (a) In General.--Part I of title II of the Communications Act of
1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the
following new section:

``SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES.

    ``(a) Freedom From Regulation.--Except to the extent that high
speed data service and Internet access service are expressly referred
to in this Act, neither the Commission, nor any State, shall have
authority to regulate the rates, charges, terms, or conditions for, or
entry into the provision of, any high speed data service or Internet
access service, or to regulate the facilities used in the provision of
either such service.
    ``(b) Savings Provision.--Nothing in this section shall be
construed to limit or affect the authority of any State to regulate
voice telephone exchange services, nor affect the rights of cable
franchise authorities to establish requirements that are otherwise
consistent with this Act.
    ``(c) Continued Enforcement of ESP Exemption, Universal Service
Rules Permitted.--Nothing in this section shall affect the ability of
the Commission to retain or modify--
            ``(1) the exemption from interstate access charges for
        enhanced service providers under Part 69 of the Commission's
        Rules; or
            ``(2) rules issued pursuant to section 254.''.
    (b) Conforming Amendment.--Section 251 of the Communications Act of
1934 (47 U.S.C. 251) is amended by adding at the end thereof the
following new subsection:
    ``(j) Exemption.--
            ``(1) In general.--Notwithstanding the provisions of
        subsections (c) and (d), the Commission shall not require an
        incumbent local exchange carrier to--
                    ``(A) provide unbundled access to any network
                elements used in the provision of any high speed data
                service, other than those network elements described in
                section 51.319 of the Commission's regulations (47
                C.F.R. 51.319), as in effect on January 1, 1999; or
                    ``(B) offer for resale at wholesale rates any high
                speed data service.
            ``(2) Authority to reduce elements subject to
        requirement.--Paragraph (1)(A) shall not prohibit the
        Commission from modifying the regulation referred to in that
        paragraph to reduce the number of network elements subject to
        the unbundling requirement, or to forbear from enforcing any
        portion of that regulation in accordance with the Commission's
        authority under section 706 of the Telecommunications Act of
        1996, notwithstanding any limitation on that authority in
        section 10 of this Act.''.

SEC. 5. INTERNET CONSUMERS FREEDOM OF CHOICE.

    Part I of title II of the Communications Act of 1934, as amended by
section 4, is amended by adding at the end the following new section:

``SEC. 233. INTERNET CONSUMERS FREEDOM OF CHOICE.

    ``(a) Purpose.--It is the purpose of this section to ensure that
Internet users have freedom of choice of Internet service provider.
    ``(b) Obligations of Incumbent Local Exchange Carriers.--- Each
incumbent local exchange carrier has the duty to provide--
            ``(1) Internet users with the ability to subscribe to and
        have access to any Internet service provider that interconnects
        with such carrier's high speed data service;
            ``(2) any Internet service provider with the right to
        acquire the facilities and services necessary to interconnect
        with such carrier's high speed data service for the provision
        of Internet access service; and
            ``(3) any Internet service provider with the ability to
        collocate equipment in accordance with the provisions of
        section 251, to the extent necessary to achieve the objectives
        of paragraphs (1) and (2) of this subsection.
    ``(c) Definitions.--As used in this section--
            ``(1) Internet service provider.--The term `Internet
        service provider' means any provider of Internet access
        service.
            ``(2) Incumbent local exchange carrier.--The term
        `incumbent local exchange carrier' has the same meaning as
        provided in section 251(h).''.

SEC. 6. INCIDENTAL INTERLATA PROVISION OF HIGH SPEED DATA AND INTERNET
              ACCESS SERVICES.

    (a) Incidental InterLATA Service Premitted.--Section 271(g) of the
Communications Act of 1934 (47 U.S.C. 271(g)) is amended--
            (1) by striking ``or'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and
        inserting ``; or''; and
            (3) by adding at the end thereof the following new
        paragraph:
            ``(7) of high speed data service or Internet access
        service.''.
    (b) Prohibition on Marketing Voice Services.--Section 271 of such
Act is amended by adding at the end thereof the following new
subsection:
    ``(k) Prohibition on Marketing Voice Telephone Services.--Until the
date on which a Bell operating company is authorized to offer interLATA
services originating in an in-region State in accordance with the
provisions of this section, such Bell operating company offering any
high speed data service or Internet access service pursuant to the
provisions of paragraph (7) of subsection (g) may not, in such in-
region State market, bill, or collect for interLATA voice
telecommunications service obtained by means of the high speed data
service or Internet access service provided by such company.''.
    (c) Conforming Amendments.--
            (1) Section 272(a)(2)(B)(i) of such Act is amended to read
        as follows:
                            ``(i) incidental interLATA services
                        described in paragraphs (1), (2), (3), (5),
                        (6), and (7) of section 271(g).''.
            (2) Section 272(a)(2)(C) of such Act is repealed.