SECTION 1. AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

    (a) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
    (b) Table of Contents.--The table of contents of this Act is as
follows:

Sec. 1. Amendment of 1986 Code; table of contents.
          TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT

Sec. 101. Filing period for interest abatement cases.
Sec. 102. Small tax case election for interest abatement cases.
Sec. 103. Venue for appeal of spousal relief and collection cases.
Sec. 104. Suspension of running of period for filing petition of
                            spousal relief and collection cases.
Sec. 105. Application of Federal rules of evidence.
            TITLE II--UNITED STATES TAX COURT ADMINISTRATION

Sec. 201. Judicial conduct and disability procedures.
Sec. 202. Administration, judicial conference, and fees.
      TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT

Sec. 301. Clarification relating to United States Tax Court.

          TITLE I--TAXPAYER ACCESS TO UNITED STATES TAX COURT

SEC. 101. FILING PERIOD FOR INTEREST ABATEMENT CASES.

    (a) In General.--Subsection (h) of section 6404 is amended--
            (1) by striking ``Review of Denial'' in the heading and
        inserting ``Judicial Review'', and
            (2) by striking ``if such action is brought'' and all that
        follows in paragraph (1) and inserting ``if such action is
        brought--
                    ``(A) at any time after the earlier of--
                            ``(i) the date of the mailing of the
                        Secretary's final determination not to abate
                        such interest, or
                            ``(ii) the date which is 180 days after the
                        date of the filing with the Secretary (in such
                        form as the Secretary may prescribe) of a claim
                        for abatement under this section, and
                    ``(B) not later than the date which is 180 days
                after the date described in subparagraph (A)(i).''.
    (b) Effective Date.--The amendments made by this section shall
apply to claims for abatement of interest filed with the Secretary of
the Treasury after the date of the enactment of this Act.

SEC. 102. SMALL TAX CASE ELECTION FOR INTEREST ABATEMENT CASES.

    (a) In General.--Subsection (f) of section 7463 is amended--
            (1) by striking ``and'' at the end of paragraph (1),
            (2) by striking the period at the end of paragraph (2) and
        inserting ``, and'', and
            (3) by adding at the end the following new paragraph:
            ``(3) a petition to the Tax Court under section 6404(h) in
        which the amount of the abatement sought does not exceed
        $50,000.''.
    (b) Effective Date.--The amendments made by this section shall
apply to cases pending as of the day after the date of the enactment of
this Act, and cases commenced after such date of enactment.

SEC. 103. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION CASES.

    (a) In General.--Paragraph (1) of section 7482(b) is amended--
            (1) by striking ``or'' at the end of subparagraph (E),
            (2) by striking the period at the end of subparagraph (F)
        and inserting a comma, and
            (3) by inserting after subparagraph (F) the following new
        subparagraphs:
                    ``(G) in the case of a petition under section
                6015(e), the legal residence of the petitioner, or
                    ``(H) in the case of a petition under section 6320
                or 6330--
                            ``(i) the legal residence of the petitioner
                        if the petitioner is an individual, and
                            ``(ii) the principal place of business or
                        principal office or agency if the petitioner is
                        an entity other than an individual.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply to petitions filed after the date of enactment of this
        Act.
            (2) Effect on existing proceedings.--Nothing in this
        section shall be construed to create any inference with respect
        to the application of section 7482 of the Internal Revenue Code
        of 1986 with respect to court proceedings filed on or before
        the date of the enactment of this Act.

SEC. 104. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION OF
              SPOUSAL RELIEF AND COLLECTION CASES.

    (a) Petitions for Spousal Relief.--
            (1) In general.--Subsection (e) of section 6015 is amended
        by adding at the end the following new paragraph:
            ``(6) Suspension of running of period for filing petition
        in title 11 cases.--In the case of a person who is prohibited
        by reason of a case under title 11, United States Code, from
        filing a petition under paragraph (1)(A) with respect to a
        final determination of relief under this section, the running
        of the period prescribed by such paragraph for filing such a
        petition with respect to such final determination shall be
        suspended for the period during which the person is so
        prohibited from filing such a petition, and for 60 days
        thereafter.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to petitions filed under section 6015(e) of the
        Internal Revenue Code of 1986 after the date of the enactment
        of this Act.
    (b) Collection Proceedings.--
            (1) In general.--Subsection (d) of section 6330 is
        amended--
                    (A) by striking ``appeal such determination to the
                Tax Court'' in paragraph (1) and inserting ``petition
                the Tax Court for review of such determination'',
                    (B) by striking ``Judicial review of
                determination'' in the heading of paragraph (1) and
                inserting ``Petition for review by tax court'',
                    (C) by redesignating paragraph (2) as paragraph
                (3), and
                    (D) by inserting after paragraph (1) the following
                new paragraph:
            ``(2) Suspension of running of period for filing petition
        in title 11 cases.--In the case of a person who is prohibited
        by reason of a case under title 11, United States Code, from
        filing a petition under paragraph (1) with respect to a
        determination under this section, the running of the period
        prescribed by such subsection for filing such a petition with
        respect to such determination shall be suspended for the period
        during which the person is so prohibited from filing such a
        petition, and for 30 days thereafter, and''.
            (2) Effective date.--The amendments made by this subsection
        shall apply to petitions filed under section 6330 of the
        Internal Revenue Code of 1986 after the date of the enactment
        of this Act.
    (c) Conforming Amendment.--Subsection (c) of section 6320 is
amended by striking ``(2)(B)'' and inserting ``(3)(B)''.

SEC. 105. APPLICATION OF FEDERAL RULES OF EVIDENCE.

    (a) In General.--Section 7453 is amended by striking ``the rules of
evidence applicable in trials without a jury in the United States
District Court of the District of Columbia'' and inserting ``the
Federal Rules of Evidence''.
    (b) Effective Date.--The amendment made by this section shall apply
to proceedings commenced after the date of the enactment of this Act
and, to the extent that it is just and practicable, to all proceedings
pending on such date.

            TITLE II--UNITED STATES TAX COURT ADMINISTRATION

SEC. 201. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.

    (a) In General.--Part II of subchapter C of chapter 76 is amended
by adding at the end the following new section:

``SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCEDURES.

    ``(a) In General.--The Tax Court shall prescribe rules, consistent
with the provisions of chapter 16 of title 28, United States Code,
establishing procedures for the filing of complaints with respect to
the conduct of any judge or magistrate judge of the Tax Court and for
the investigation and resolution of such complaints. In investigating
and taking action with respect to any such complaint, the Tax Court
shall have the powers granted to a judicial council under such chapter.
    ``(b) Judicial Council.--The provisions of sections 354(b) through
360 of title 28, United States Code, regarding referral or
certification to, and petition for review in the Judicial Conference of
the United States, and action thereon, shall apply to the exercise by
the Tax Court of the powers of a judicial council under subsection (a).
The determination pursuant to section 354(b) or 355 of title 28, United
States Code, shall be made based on the grounds for removal of a judge
from office under section 7443(f), and certification and transmittal by
the Conference of any complaint shall be made to the President for
consideration under section 7443(f).
    ``(c) Hearings.--
            ``(1) In general.--In conducting hearings pursuant to
        subsection (a), the Tax Court may exercise the authority
        provided under section 1821 of title 28, United States Code, to
        pay the fees and allowances described in that section.
            ``(2) Reimbursement for expenses.--The Tax Court shall have
        the power provided under section 361 of such title 28 to award
        reimbursement for the reasonable expenses described in that
        section. Reimbursements under this paragraph shall be made out
        of any funds appropriated for purposes of the Tax Court.''.
    (b) Clerical Amendment.--The table of sections for part II of
subchapter C of chapter 76 is amended by adding at the end the
following new item:

``Sec. 7466. Judicial conduct and disability procedures.''.
    (c) Effective Date.--The amendments made by this section shall
apply to proceedings commenced after the date which is 180 days after
the date of the enactment of this Act and, to the extent just and
practicable, all proceedings pending on such date.

SEC. 202. ADMINISTRATION, JUDICIAL CONFERENCE, AND FEES.

    (a) In General.--Part III of subchapter C of chapter 76 is amended
by inserting before section 7471 the following new sections:

``SEC. 7470. ADMINISTRATION.

    ``Notwithstanding any other provision of law, the Tax Court may
exercise, for purposes of management, administration, and expenditure
of funds of the Court, the authorities provided for such purposes by
any provision of law (including any limitation with respect to such
provision of law) applicable to a court of the United States (as that
term is defined in section 451 of title 28, United States Code), except
to the extent that such provision of law is inconsistent with a
provision of this subchapter.

``SEC. 7470A. JUDICIAL CONFERENCE.

    ``(a) Judicial Conference.--The chief judge may summon the judges
and magistrate judges of the Tax Court to an annual judicial
conference, at such time and place as the chief judge shall designate,
for the purpose of considering the business of the Tax Court and
recommending means of improving the administration of justice within
the jurisdiction of the Tax Court. The Tax Court shall provide by its
rules for representation and active participation at such conferences
by persons admitted to practice before the Tax Court and by other
persons active in the legal profession.
    ``(b) Registration Fee.--The Tax Court may impose a reasonable
registration fee on persons (other than judges and magistrate judges of
the Tax Court) participating at judicial conferences convened pursuant
to subsection (a). Amounts so received by the Tax Court shall be
available to the Tax Court to defray the expenses of such
conferences.''.
    (b) Disposition of Fees.--Section 7473 is amended to read as
follows:

``SEC. 7473. DISPOSITION OF FEES.

    ``Except as provided in sections 7470A and 7475, all fees received
by the Tax Court pursuant to this title shall be deposited into a
special fund of the Treasury to be available to offset funds
appropriated for the operation and maintenance of the Tax Court.''.
    (c) Clerical Amendments.--The table of sections for part III of
subchapter C of chapter 76 is amended by inserting before the item
relating to section 7471 the following new items:

``Sec. 7470. Administration.
``Sec. 7470A. Judicial conference.''.

      TITLE III--CLARIFICATION RELATING TO UNITED STATES TAX COURT

SEC. 301. CLARIFICATION RELATING TO UNITED STATES TAX COURT.

    Section 7441 is amended by adding at the end the following: ``The
Tax Court is not an agency of, and shall be independent of, the
executive branch of the Government.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Travelers Fair Treatment Act of
2001''.

SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.

    Section 41712 of title 49, United States Code, is amended by adding
at the end the following:
    ``(c) Specific Practices.--For purposes of subsection (a), the term
`unfair or deceptive practice' includes each of the following:
            ``(1) Flight delays.--The failure of an air carrier or
        foreign air carrier to provide a passenger of the carrier with
        an accurate explanation of the reasons for a flight delay,
        cancellation, or diversion from a ticketed itinerary.
            ``(2) Termination of ticket agents.--In the case of a
        termination, cancellation, nonrenewal, or substantial change in
        the competitive circumstances of the appointment of a ticket
        agent by an air carrier or foreign air carrier, the failure of
        the air carrier or foreign air carrier--
                    ``(A) to provide the ticket agent with written
                notice, and a full statement of reasons for the action,
                on or before the 90th day preceding the action; and
                    ``(B) to provide the ticket agent with at least 60
                days to correct any deficiency claimed in the written
                notice,
        except in cases of insolvency, an assignment for the benefit of
        creditors, bankruptcy, or nonpayment of sums due under the
        appointment.''.

SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.

    Section 41713(b)(1) of title 49, United States Code, is amended by
striking ``related to a price, route, or service of an air carrier that
may provide air transportation under this subpart'' and inserting
``that directly prescribes a price, route, or level of service for air
transportation provided by an air carrier under this subpart''.

SEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS.

    (a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41722. Airline passenger rights
    ``(a) Right to In-Flight Emergency Medical Care.--
            ``(1) In general.--The Secretary of Transportation shall
        prescribe regulations to establish minimum standards for
        resuscitation, emergency medical, and first-aid equipment and
        supplies to be carried on board an aircraft operated by an air
        carrier in air transportation that is capable of carrying at
        least 30 passengers.
            ``(2) Considerations.--In prescribing regulations under
        paragraph (1), the Secretary shall consider--
                    ``(A) the weight and size of the equipment
                described in paragraph (1);
                    ``(B) the need for special training of air carrier
                personnel to operate the equipment safely and
                effectively;
                    ``(C) the space limitations of each type of
                aircraft;
                    ``(D) the effect of the regulations on aircraft
                operations;
                    ``(E) the practical experience of airlines in
                carrying and operating similar equipment; and
                    ``(F) other relevant factors.
            ``(3) Consultation.--Before prescribing regulations under
        paragraph (1), the Secretary shall consult with the Surgeon
        General of the Public Health Service.
    ``(b) Right To Exit Aircraft.--No air carrier or foreign air
carrier operating an aircraft in air transportation shall prevent or
hinder (including by failing to assist) any passenger from exiting the
aircraft (under the same circumstances as any member of the flight crew
is permitted to exit the aircraft) if--
            ``(1) the aircraft is parked at an airport terminal gate
        with access to ramp or other facilities through which
        passengers are customarily boarded and deplaned;
            ``(2) the aircraft has remained at the gate more than 1
        hour past its scheduled departure time; and
            ``(3) the captain of the aircraft has not been informed by
        air traffic control authorities that the aircraft can be
        cleared for departure within 15 minutes.''.
    (b) Conforming Amendment.--The analysis for chapter 417 of title
49, United States Code, is amended by adding at the end the following:

``41722. Airline passenger rights.''.

SEC. 5. CONSUMER ACCESS TO INFORMATION.

    (a) Requirement for Program.--
            (1) In general.--Chapter 447 of title 49, United States
        Code, is amended by adding at the end the following new
        section:
``Sec. 44727. Air traveler safety program
    ``(a) In General.--
            ``(1) Written information.--The Secretary of Transportation
        (in this section referred to as the `Secretary') shall require
        in regulations, for a period determined by the Secretary, that
        each air carrier that provides interstate air transportation or
        foreign air transportation to provide written information upon
        request, to passengers that purchase passage for interstate or
        foreign air transportation concerning the following:
                    ``(A) Safety inspection reviews conducted by the
                Administrator of the Federal Aviation Administration
                (in this section referred to as the `Administrator') on
                the aircraft of that air carrier.
                    ``(B) The safety ranking of that air carrier, as
                determined by the Administrator in accordance with
                applicable law.
                    ``(C) The compliance of the members of the crew of
                the aircraft with any applicable certification
                requirements under this subtitle.
            ``(2) Guidelines.--The regulations issued by the Secretary
        under this subsection shall provide guidelines for air carriers
        relating to the provision of the information referred to in
        paragraph (1).
            ``(3) Request for information.--An air carrier shall be
        required to provide to a passenger, on request, any information
        concerning the safety of aircraft and the competency of persons
        issued a certificate under this subtitle for the operation of
        the aircraft that the Secretary, to the extent allowable by
        law, determines to be appropriate.
    ``(b) Submission of Performance Review.--
            ``(1) In general.--Not later than December 31 of each year,
        the Secretary shall submit a report to Congress regarding the
        safety of air carriers that provide interstate or foreign air
        transportation. The report shall include with respect to the
        year in which the report is filed--
                    ``(A) the number of accidents and a description of
                such accidents of air carriers attributable to each air
                carrier that provides interstate or foreign air
                transportation; and
                    ``(B) the names of makers of aircraft that have
                been involved in an accident.
            ``(2) Availability of information.--The Secretary shall
        make the annual report under paragraph (1) available to any
        person or entity upon request.
    ``(c) Victims' Rights Program.--
            ``(1) In general.--The National Transportation Safety Board
        shall establish and administer a program for victims and
        survivors of aircraft accidents in air commerce. Under that
        program, the National Transportation Safety Board shall ensure
        that such victims and survivors of an accident receive, to the
        extent allowable by law, immediate and unrestricted access to
        information on the accident that is made available from--
                    ``(A) the air carrier involved in an accident in
                air commerce;
                    ``(B) the Federal Government; and
                    ``(C) State governments and political subdivisions
                thereof.
            ``(2) Classified information.--Nothing in paragraph (1) may
        be construed to authorize a release of information that is
        specifically authorized under criteria established by an
        Executive order to be kept secret in the interest of national
        defense or foreign policy.
    ``(d) Coordination of Victim Assistance.--
            ``(1) In general.--The National Transportation Safety
        Board, in cooperation with officials of appropriate Federal
        agencies and the American Red Cross, shall establish a program
        to ensure the coordination of the disclosure of information
        under subsection (c) and assistance provided to victims of an
        accident in air commerce.
            ``(2) Establishment of toll-free telephone line.--
                    ``(A) In general.--The National Transportation
                Safety Board, in cooperation with officials of the
                appropriate Federal agencies and the American Red
                Cross, shall establish a toll-free telephone line to
                facilitate the provision of information under paragraph
                (3).
                    ``(B) Action by the national transportation safety
                board.--The National Transportation Safety Board shall
                take such action as may be necessary to ensure--
                            ``(i) the publication of the telephone
                        number of the telephone line established under
                        subparagraph (A) in newspapers of general
                        circulation; and
                            ``(ii) the provision of such number on
                        national television news programs.
            ``(3) Information provided by telephone line.--The
        telephone line established under paragraph (2) shall provide
        the following information concerning an accident in air
        commerce:
                    ``(A) The identifier name and number of the
                aircraft involved in the accident.
                    ``(B) The names of known victims of the accident.
                    ``(C) The status of the investigation of the
                accident.
                    ``(D) A list of appropriate Federal agencies and
                contacts.
                    ``(E) The facilities at which victims of the
                accident may be identified.
    ``(e) Civil Penalties.--
            ``(1) In general.--Any air carrier that fails to provide
        information in accordance with this section shall be liable for
        a civil penalty in an amount not to exceed $100,000 per
        violation.
            ``(2) Travel agencies and other persons not covered.--
        Paragraph (1) shall not apply to a travel agency or other
        person that does not provide interstate or foreign air
        transportation.
    ``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
            (2) Conforming amendment.--The analysis for chapter 447 of
        title 49, United States Code, is amended by adding at the end
        the following new item:

``44727. Air traveler safety program.''.
    (b) Time for Regulations.--The Secretary of Transportation shall
issue the regulations required by subsection (a) of section 44727 of
title 49, United States Code (as added by subsection (a)), not later
than 90 days after the date of enactment of this Act.
    (c) Submittal of First Annual Report.--The Secretary of
Transportation shall submit the first annual report to Congress under
subsection (b) of such section 44727 not later than December 31, 2001.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Airport Streamlining Approval
Process Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) airports play a major role in interstate and foreign
        commerce;
            (2) congestion and delays at our Nation's major airports
        have a significant negative impact on our Nation's economy;
            (3) airport capacity enhancement projects at congested
        airports are a national priority and should be constructed on
        an expedited basis;
            (4) airport capacity enhancement projects must include an
        environmental review process that provides local citizenry an
        opportunity for consideration of and appropriate action to
        address environmental concerns; and
            (5) the Federal Aviation Administration, airport
        authorities, communities, and other Federal, State, and local
        government agencies must work together to develop a plan, set
        and honor milestones and deadlines, and work to protect the
        environment while sustaining the economic vitality that will
        result from the continued growth of aviation.

SEC. 3. PROMOTION OF NEW RUNWAYS.

    Section 40104 of title 49, United States Code, is amended by adding
at the end the following:
    ``(c) Airport Capacity Enhancement Projects at Congested
Airports.--In carrying out subsection (a), the Administrator shall take
action to encourage the construction of airport capacity enhancement
projects at congested airports as those terms are defined in section
47179.''.

SEC. 4. AIRPORT PROJECT STREAMLINING.

    (a) In General.--Chapter 471 of title 49, United States Code, is
amended by inserting after section 47153 the following:

             ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING

``Sec. 47171. DOT as lead agency
    ``(a) Airport Project Review Process.--The Secretary of
Transportation shall develop and implement a coordinated review process
for airport capacity enhancement projects at congested airports.
    ``(b) Coordinated Reviews.--The coordinated review process under
this section shall provide that all environmental reviews, analyses,
opinions, permits, licenses, and approvals that must be issued or made
by a Federal agency or airport sponsor for an airport capacity
enhancement project at a congested airport will be conducted
concurrently, to the maximum extent practicable, and completed within a
time period established by the Secretary, in cooperation with the
agencies identified under subsection (c) with respect to the project.
    ``(c) Identification of Jurisdictional Agencies.--With respect to
each airport capacity enhancement project at a congested airport, the
Secretary shall identify, as soon as practicable, all Federal and State
agencies that may have jurisdiction over environmental-related matters
that may be affected by the project or may be required by law to
conduct an environmental-related review or analysis of the project or
determine whether to issue an environmental-related permit, license, or
approval for the project.
    ``(d) State Authority.--If a coordinated review process is being
implemented under this section by the Secretary with respect to a
project at an airport within the boundaries of a State, the State,
consistent with State law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over
environmental-related matters that may be affected by the project or
may be required by law to conduct an environmental-related review or
analysis of the project or determine whether to issue an environmental-
related permit, license, or approval for the project, be subject to the
process.
    ``(e) Memorandum of Understanding.--The coordinated review process
developed under this section may be incorporated into a memorandum of
understanding for a project between the Secretary and the heads of
other Federal and State agencies identified under subsection (c) with
respect to the project and the airport sponsor.
    ``(f) Effect of Failure To Meet Deadline.--
            ``(1) Notification of congress and ceq.--If the Secretary
        determines that a Federal agency, State agency, or airport
        sponsor that is participating in a coordinated review process
        under this section with respect to a project has not met a
        deadline established under subsection (b) for the project, the
        Secretary shall notify, within 30 days of the date of such
        determination, the Committee on Transportation and
        Infrastructure of the House of Representatives, the Committee
        on Commerce, Science, and Transportation of the Senate, the
        Council on Environmental Quality, and the agency or sponsor
        involved about the failure to meet the deadline.
            ``(2) Agency report.--Not later than 30 days after date of
        receipt of a notice under paragraph (1), the agency or sponsor
        involved shall submit a report to the Secretary, the Committee
        on Transportation and Infrastructure of the House of
        Representatives, the Committee on Commerce, Science, and
        Transportation of the Senate, and the Council on Environmental
        Quality explaining why the agency or sponsor did not meet the
        deadline and what actions it intends to take to complete or
        issue the required review, analysis, opinion, license, or
        approval.
    ``(g) Purpose and Need.--For any environmental review, analysis,
opinion, permit, license, or approval that must be issued or made by a
Federal or State agency that is participating in a coordinated review
process under this section with respect to an airport capacity
enhancement project at a congested airport and that requires an
analysis of purpose and need for the project, the agency,
notwithstanding any other provision of law, shall be bound by the
project purpose and need as defined by the Secretary.
    ``(h) Alternatives Analysis.--The Secretary shall determine the
reasonable alternatives to an airport capacity enhancement project at a
congested airport. Any other Federal or State agency that is
participating in a coordinated review process under this section with
respect to the project shall consider only those alternatives to the
project that the Secretary has determined are reasonable.
    ``(i) Solicitation and Consideration of Comments.--In applying
subsections (g) and (h), the Secretary shall solicit and consider
comments from interested persons and governmental entities.
``Sec. 47172. Categorical exclusions
    ``Not later than 120 days after the date of enactment of this
section, the Secretary of Transportation shall develop and publish a
list of categorical exclusions from the requirement that an
environmental assessment or an environmental impact statement be
prepared under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for projects at airports.
``Sec. 47173. Access restrictions to ease construction
    ``At the request of an airport sponsor for a congested airport, the
Secretary of Transportation may approve a restriction on use of a
runway to be constructed at the airport to minimize potentially
significant adverse noise impacts from the runway only if the Secretary
determines that imposition of the restriction--
            ``(1) is necessary to mitigate those impacts and expedite
        construction of the runway;
            ``(2) is the most appropriate and a cost-effective measure
        to mitigate those impacts, taking into consideration any
        environmental tradeoffs associated with the restriction; and
            ``(3) would not adversely affect service to small
        communities, adversely affect safety or efficiency of the
        national airspace system, unjustly discriminate against any
        class of user of the airport, or impose an undue burden on
        interstate or foreign commerce.
``Sec. 47174. Airport revenue to pay for mitigation
    ``(a) In General.--Notwithstanding section 47107(b), section 47133,
or any other provision of this title, the Secretary of Transportation
may allow an airport sponsor carrying out an airport capacity
enhancement project at a congested airport to make payments, out of
revenues generated at the airport (including local taxes on aviation
fuel), for measures to mitigate the environmental impacts of the
project if the Secretary finds that--
            ``(1) the mitigation measures are included as part of, or
        are consistent with, the preferred alternative for the project
        in the documentation prepared pursuant to the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
            ``(2) the use of such revenues will provide a significant
        incentive for, or remove an impediment to, approval of the
        project by a State or local government; and
            ``(3) the cost of the mitigation measures is reasonable in
        relation to the mitigation that will be achieved.
    ``(b) Mitigation of Aircraft Noise.--Mitigation measures described
in subsection (a) may include the insulation of residential buildings
and buildings used primarily for educational or medical purposes to
mitigate the effects of aircraft noise and the improvement of such
buildings as required for the insulation of the buildings under local
building codes.
``Sec. 47175. Airport funding of FAA staff
    ``(a) Acceptance of Sponsor-Provided Funds.--Notwithstanding any
other provision of law, the Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor, including
funds provided to the sponsor under section 47114(c), to hire
additional staff or obtain the services of consultants in order to
facilitate the timely processing, review, and completion of
environmental activities associated with an airport development
project.
    ``(b) Administrative Provision.--Instead of payment from an airport
sponsor from funds apportioned to the sponsor under section 47114, the
Administrator, with agreement of the sponsor, may transfer funds that
would otherwise be apportioned to the sponsor under section 47114 to
the account used by the Administrator for activities described in
subsection (a).
    ``(c) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, any funds accepted under this section, except
funds transferred pursuant to subsection (b)--
            ``(1) shall be credited as offsetting collections to the
        account that finances the activities and services for which the
        funds are accepted;
            ``(2) shall be available for expenditure only to pay the
        costs of activities and services for which the funds are
        accepted; and
            ``(3) shall remain available until expended.
    ``(d) Maintenance of Effort.--No funds may be accepted pursuant to
subsection (a), or transferred pursuant to subsection (b), in any
fiscal year in which the Federal Aviation Administration does not
allocate at least the amount it expended in fiscal year 2002, excluding
amounts accepted pursuant to section 337 of the Department of
Transportation and Related Agencies Appropriations Act, 2002 (115 Stat.
862), for the activities described in subsection (a).
``Sec. 47176. Authorization of appropriations
    ``In addition to the amounts authorized to be appropriated under
section 106(k), there is authorized to be appropriated to the Secretary
of Transportation, out of the Airport and Airway Trust Fund established
under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C.
9502), $2,100,000 for fiscal year 2003 and $4,200,000 for each fiscal
year thereafter to facilitate the timely processing, review, and
completion of environmental activities associated with airport capacity
enhancement projects at congested airports.
``Sec. 47177. Judicial review
    ``(a) Filing and Venue.--A person disclosing a substantial interest
in an order issued by the Secretary of Transportation or the head of
any other Federal agency under this part or a person or agency relying
on any determination made under this part may apply for review of the
order by filing a petition for review in the United States Court of
Appeals for the District of Columbia Circuit or in the court of appeals
of the United States for the circuit in which the person resides or has
its principal place of business. The petition must be filed not later
than 60 days after the order is issued. The court may allow the
petition to be filed after the 60th day only if there are reasonable
grounds for not filing by the 60th day.
    ``(b) Judicial Procedures.--When a petition is filed under
subsection (a) of this section, the clerk of the court immediately
shall send a copy of the petition to the Secretary or the head of any
other Federal agency involved. The Secretary or the head of such other
agency shall file with the court a record of any proceeding in which
the order was issued.
    ``(c) Authority of Court.--When the petition is sent to the
Secretary or the head of any other Federal agency involved, the court
has exclusive jurisdiction to affirm, amend, modify, or set aside any
part of the order and may order the Secretary or the head of such other
agency to conduct further proceedings. After reasonable notice to the
Secretary or the head of such other agency, the court may grant interim
relief by staying the order or taking other appropriate action when
good cause for its action exists. Findings of fact by the Secretary or
the head of such other agency are conclusive if supported by
substantial evidence.
    ``(d) Requirement for Prior Objection.--In reviewing an order of
the Secretary or the head of any other Federal agency under this
section, the court may consider an objection to the action of the
Secretary or the head of such other agency only if the objection was
made in the proceeding conducted by the Secretary or the head of such
other agency or if there was a reasonable ground for not making the
objection in the proceeding.
    ``(e) Supreme Court Review.--A decision by a court under this
section may be reviewed only by the Supreme Court under section 1254 of
title 28.
    ``(f) Order Defined.--In this section, the term `order' includes a
record of decision or a finding of no significant impact.
``Sec. 47178. Definitions
    ``In this subchapter, the following definitions apply:
            ``(1) Airport sponsor.--The term `airport sponsor' has the
        meaning given the term `sponsor' under section 47102.
            ``(2) Congested airport.--The term `congested airport'
        means an airport that accounted for at least 1 percent of all
        delayed aircraft operations in the United States in the most
        recent year for which such data is available and an airport
        listed in table 1 of the Federal Aviation Administration's
        Airport Capacity Benchmark Report 2001.
            ``(3) Airport capacity enhancement project.--The term
        `airport capacity enhancement project' means--
                    ``(A) a project for construction or extension of a
                runway, including any land acquisition, taxiway, or
                safety area associated with the runway or runway
                extension; and
                    ``(B) such other airport development projects as
                the Secretary may designate as facilitating a reduction
                in air traffic congestion and delays.''.
    (b) Conforming Amendment.--The analysis for chapter 471 of such
title is amended by adding at the end the following:

             ``SUBCHAPTER III--AIRPORT PROJECT STREAMLINING

``47171. DOT as lead agency.
``47172. Categorical exclusions.
``47173. Access restrictions to ease construction.
``47174. Airport revenue to pay for mitigation.
``47175. Airport funding of FAA staff.
``47176. Authorization of appropriations.
``47177. Judicial review.
``47178. Definitions.''.

SEC. 5. GOVERNOR'S CERTIFICATE.

    Section 47106(c) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and'' after the semicolon at the
                end of subparagraph (A)(ii);
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as
                subparagraph (B);
            (2) in paragraph (2)(A) by striking ``stage 2'' and
        inserting ``stage 3'';
            (3) by striking paragraph (4); and
            (4) by redesignating paragraph (5) as paragraph (4).

SEC. 6. CONSTRUCTION OF CERTAIN AIRPORT CAPACITY PROJECTS.

    Section 47504(c)(2) of title 49, United States Code, is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D)
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) to an airport operator of a congested airport
                (as defined in section 47178) and a unit of local
                government referred to in paragraph (1)(A) or (1)(B) of
                this subsection to carry out a project to mitigate
                noise in the area surrounding the airport if the
                project is included as a commitment in a record of
                decision of the Federal Aviation Administration for an
                airport capacity enhancement project (as defined in
                section 47178) even if that airport has not met the
                requirements of part 150 of title 14, Code of Federal
                Regulations.''.

SEC. 7. LIMITATIONS.

    Nothing in this Act, including any amendment made by this Act,
shall preempt or interfere with--
            (1) any practice of seeking public comment; and
            (2) any power, jurisdiction, or authority of a State agency
        or an airport sponsor has with respect to carrying out an
        airport capacity enhancement project.

            Passed the House of Representatives July 9, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                            By Martha C. Morrison,

                                                          Deputy Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alcohol Tax Equalization Act''.

SEC. 2. INCREASE IN EXCISE TAXES ON WINE AND BEER TO ALCOHOLIC
              EQUIVALENT OF TAXES ON DISTILLED SPIRITS.

    (a) Wine.--
            (1) Wines containing not more than 14 percent alcohol.--
        Paragraph (1) of section 5041(b) of the Internal Revenue Code
        of 1986 (relating to rates of tax on wines) is amended by
        striking ``$1.07'' and inserting ``$2.97''.
            (2) Wines containing more than 14 (but not more than 21)
        percent alcohol.--Paragraph (2) of section 5041(b) of such Code
        is amended by striking ``$1.57'' and inserting ``$4.86''.
            (3) Wines containing more than 21 (but not more than 24)
        percent alcohol.--Paragraph (3) of section 5041(b) of such Code
        is amended by striking ``$3.15'' and inserting ``$6.08''.
    (b) Beer.--
            (1) In general.--Paragraph (1) of section 5051(a) of such
        Code (relating to imposition and rate of tax on beer) is
        amended by striking ``$18'' and inserting ``$37.67''.
            (2) Small brewers.--Subparagraph (A) of section 5051(a)(2)
        of such Code (relating to reduced rate for certain domestic
        production) is amended by striking ``$7'' each place it appears
        and inserting ``$26.67''.
    (c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1995.
    (d) Floor Stocks Taxes.--
            (1) Imposition of tax.--
                    (A) In general.--In the case of any tax-increased
                article--
                            (i) on which tax was determined under part
                        I of subchapter A of chapter 51 of the Internal
                        Revenue Code of 1986 or section 7652 of such
                        Code before January 1, 1995, and
                            (ii) which is held on such date for sale by
                        any person,
                there shall be imposed a tax at the applicable rate on
                each such article.
                    (B) Applicable rate.--For purposes of clause (i),
                the applicable rate is--
                            (i) $1.90 per wine gallon in the case of
                        wine described in paragraph (1) of section
                        5041(b) of such Code,
                            (ii) $3.29 per wine gallon in the case of
                        wine described in paragraph (2) of section
                        5041(b) of such Code,
                            (iii) $2.93 per wine gallon in the case of
                        wine described in paragraph (3) of section
                        5041(b) of such Code, and
                            (iv) $19.67 per barrel in the case of beer.
                In the case of a fraction of a gallon or barrel, the
                tax imposed by subparagraph (A) shall be the same
                fraction as the amount of such tax imposed on a whole
                gallon or barrel.
                    (C) Tax-increased article.--For purposes of this
                subsection, the term ``tax-increased article'' means
                wine described in paragraph (1), (2), or (3) of section
                5041(b) of such Code and beer.
            (2) Exception for certain small wholesale or retail
        dealers.--No tax shall be imposed by subparagraph (A) on tax-
        increased articles held on January 1, 1995, by any dealer if--
                    (A) the aggregate liquid volume of tax-increased
                articles held by such dealer on such date does not
                exceed 500 wine gallons, and
                    (B) such dealer submits to the Secretary (at the
                time and in the manner required by the Secretary) such
                information as the Secretary shall require for purposes
                of this subparagraph.
            (3) Liability for tax and method of payment.--
                    (A) Liability for tax.--A person holding any tax-
                increased article on January 1, 1995, to which the tax
                imposed by paragraph (1) applies shall be liable for
                such tax.
                    (B) Method of payment.--The tax imposed by
                paragraph (1) shall be paid in such manner as the
                Secretary shall prescribe by regulations.
                    (C) Time for payment.--The tax imposed by paragraph
                (1) shall be paid on or before June 30, 1995.
            (4) Controlled groups.--
                    (A) Corporations.--In the case of a controlled
                group, the 500 wine gallon amount specified in
                paragraph (2), shall be apportioned among the dealers
                who are component members of such group in such manner
                as the Secretary shall by regulations prescribe. For
                purposes of the preceding sentence, the term
                ``controlled group'' has the meaning given to such term
                by subsection (a) of section 1563 of such Code; except
                that for such purposes the phrase ``more than 50
                percent'' shall be substituted for the phrase ``at
                least 80 percent'' each place it appears in such
                subsection.
                    (B) Nonincorporated dealers under common control.--
                Under regulations prescribed by the Secretary,
                principles similar to the principles of subparagraph
                (A) shall apply to a group of dealers under common
                control where 1 or more of such dealers is not a
                corporation.
            (5) Other laws applicable.--
                    (A) In general.--All provisions of law, including
                penalties, applicable to the comparable excise tax with
                respect to any tax-increased article shall, insofar as
                applicable and not inconsistent with the provisions of
                this paragraph, apply to the floor stocks taxes imposed
                by paragraph (1) to the same extent as if such taxes
                were imposed by the comparable excise tax.
                    (B) Comparable excise tax.--For purposes of
                subparagraph (A), the term ``comparable excise tax''
                means--
                            (i) the tax imposed by section 5041 of such
                        Code in the case of wine, and
                            (ii) the tax imposed by section 5051 of
                        such Code in the case of beer.
            (6) Definitions.--For purposes of this subsection--
                    (A) In general.--Terms used in this paragraph which
                are also used in subchapter A of chapter 51 of such
                Code shall have the respective meanings such terms have
                in such part.
                    (B) Person.--The term ``person'' includes any State
                or political subdivision thereof, or any agency or
                instrumentality of a State or political subdivision
                thereof.
                    (C) Secretary.--The term ``Secretary'' means the
                Secretary of the Treasury or his delegate.

SEC. 3. INDEXATION OF TAX RATES APPLICABLE TO ALCOHOLIC BEVERAGES.

    (a) General Rule.--Subpart E of part I of subchapter A of chapter
51 of the Internal Revenue Code of 1986 is amended by inserting before
section 5061 the following new section:

``SEC. 5060. INDEXATION OF RATES.

    ``(a) General Rule.--Effective during each calendar year after
1995, each tax rate set forth in subsection (b) shall be increased by
an amount equal to--
            ``(1) such rate as in effect without regard to this
        section, multiplied by
            ``(2) the cost-of-living adjustment for such calendar year
        determined under section 1(f)(3) by substituting `calendar year
        1994' for `calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of 1 cent.
    ``(b) Tax Rates.--The tax rates set forth in this subsection are
the rates contained in the following provisions:
            ``(1) Paragraphs (1) and (3) of section 5001(a).
            ``(2) Paragraphs (1), (2), (3), (4), and (5) of section
        4041(b).
            ``(3) Paragraphs (1) and (2)(A) of section 5051(a).''
    (b) Technical Amendment.--Paragraphs (1)(A) and (2) of section
5010(a) are each amended by striking ``$13.50'' and inserting ``the
rate in effect under section 5001(a)(1)''.
    (c) Clerical Amendment.--The table of sections for subpart E of
part I of subchapter A of chapter 51 of such Code is amended by
inserting before the item relating to section 5061 the following new
item:

                              ``Sec. 5060. Indexation of rates.''

SEC. 4. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS TRUST FUND.

    (a) General Rule.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to establishment of trust funds) is
amended by adding at the end thereof the following new section:

``SEC. 9512. MENTAL HEALTH AND SUBSTANCE ABUSE BENEFITS 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 `Mental Health and
Substance Abuse Benefits 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 hereby appropriated to
the Mental Health and Substance Abuse Benefits Trust Fund amounts
equivalent to the additional taxes received in the Treasury under
chapter 51 by reason of the amendments made by sections 2 and 3 of the
Alcohol Tax Equalization Act.
    ``(c) Expenditures From Trust Fund.--Amounts in the Mental Health
and Substance Abuse Benefits Trust Fund shall be available, as provided
in appropriation Acts, for purposes of providing mental health and
substance abuse benefits under health care reform legislation hereafter
enacted.''
    (b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 is amended by adding at the end thereof the following new
item:

                              ``Sec. 9512. Mental health and substance
                                        abuse benefits trust fund.''


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Algae-based Renewable Fuel Promotion
Act of 2010''.

SEC. 2. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE
              CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC.

    (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the
Internal Revenue Code of 1986 is amended to read as follows:
                                    ``(I) is derived solely from
                                qualified feedstocks, and''.
    (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of
section 40(b) of such Code is amended by redesignating subparagraphs
(F), (G), and (H) as subparagraphs (H), (I), and (J), respectively, and
by inserting after subparagraph (E) the following new subparagraphs:
                    ``(F) Qualified feedstock.--For purposes of this
                paragraph, the term `qualified feedstock' means--
                            ``(i) any lignocellulosic or hemicellulosic
                        matter that is available on a renewable or
                        recurring basis, and
                            ``(ii) any cultivated algae, cyanobacteria,
                        or lemna.
                    ``(G) Special rules for algae.--In the case of fuel
                which is derived from feedstock described in
                subparagraph (F)(ii) and which is sold by the taxpayer
                to another person for refining by such other person
                into a fuel which meets the requirements of
                subparagraph (E)(i)(II)--
                            ``(i) such sale shall be treated as
                        described in subparagraph (C)(i),
                            ``(ii) such fuel shall be treated as
                        meeting the requirements of subparagraph
                        (E)(i)(II) in the hands of such taxpayer, and
                            ``(iii) except as provided in this
                        subparagraph, such fuel (and any fuel derived
                        from such fuel) shall not be taken into account
                        under subparagraph (C) with respect to the
                        taxpayer or any other person.''.
    (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus
Depreciation for Biofuel Plant Property.--
            (1) In general.--Subparagraph (A) of section 168(l)(2) of
        such Code is amended by striking ``solely to produce cellulosic
        biofuel'' and inserting ``solely to produce second generation
        biofuel (as defined in section 40(b)(6)(E)''.
            (2) Conforming amendments.--Subsection (l) of section 168
        of such Code is amended--
                    (A) by striking ``cellulosic biofuel'' each place
                it appears in the text thereof and inserting ``second
                generation biofuel'',
                    (B) by striking paragraph (3) and redesignating
                paragraphs (4) through (8) as paragraphs (3) through
                (7), respectively,
                    (C) by striking ``Cellulosic'' in the heading of
                such subsection and inserting ``Second Generation'',
                and
                    (D) by striking ``cellulosic'' in the heading of
                paragraph (2) and inserting ``second generation''.
    (d) Conforming Amendments.--
            (1) Section 40 of such Code, as amended by subsection (b),
        is amended--
                    (A) by striking ``cellulosic biofuel'' each place
                it appears in the text thereof and inserting ``second
                generation biofuel'',
                    (B) by striking ``Cellulosic'' in the headings of
                subsections (b)(6), (b)(6)(E), and (d)(3)(D) and
                inserting ``Second generation'', and
                    (C) by striking ``cellulosic'' in the headings of
                subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6),
                and (e)(3) and inserting ``second generation''.
            (2) Clause (ii) of section 40(b)(6)(E) of such Code is
        amended by striking ``Such term shall not'' and inserting ``The
        term `second generation biofuel' shall not''.
            (3) Paragraph (1) of section 4101(a) of such Code is
        amended by striking ``cellulosic biofuel'' and inserting
        ``second generation biofuel''.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall apply to fuels sold or
        used after the date of the enactment of this Act.
            (2) Application to bonus depreciation.--The amendments made
        by subsection (c) shall apply to property placed in service
        after the date of the enactment of this Act.

SEC. 3. PAYGO COMPLIANCE.

    The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives September 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Alternative Fuel Vehicles Intermodal
Transportation Act''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Alternative fuel vehicle.--
                    (A) In general.--The term ``alternative fuel
                vehicle'' means a motor vehicle that is powered by--
                            (i) in whole or in part, electricity,
                        including that supplied by a fuel cell that is
                        not powered by gasoline or diesel;
                            (ii) liquefied natural gas;
                            (iii) compressed natural gas;
                            (iv) liquefied petroleum gas;
                            (v) hydrogen; or
                            (vi) methanol at no less than 85 percent by
                        volume.
                    (B) Exclusions.--The term ``alternative fuel
                vehicle'' shall not include any vehicle capable of
                operating solely on gasoline or diesel.
            (2) Pilot program.--The term ``pilot program'' means the
        grant program established under section 4(a).
            (3) Secretary.--The term ``Secretary'' means the Secretary
        of Transportation.

SEC. 3. PURPOSE.

    The purpose of this Act is--
            (1) to establish a pilot program to demonstrate the use of
        alternative fuel vehicles in linked systems of transportation,
        enhance the usefulness of public transportation systems,
        protect the environment, and speed the deployment of
        alternative fuel vehicle technology; and
            (2) to encourage partnerships between the public and
        private sectors.

SEC. 4. ALTERNATIVE FUELS INTERMODAL TRANSPORTATION PILOT PROGRAM.

    (a) In General.--The Secretary shall establish a competitive grant
program to assist States, localities, and governmental authorities to
purchase, operate, and facilitate the use of alternative fuel vehicles
in linked transportation systems.
    (b) Eligible Projects.--To receive Federal assistance under the
pilot program, a proposal shall--
            (1) have been made in accordance with the application
        requirements of subsection (e);
            (2) include only projects that provide new options in a
        locality for moving passengers or goods in alternative fuel
        vehicles; and
            (3) include at least one project to enable passengers or
        goods to be transferred directly from one alternative fuel
        vehicle to another in a linked transportation system.
    (c) Funding Limitations.--
            (1) Maximum number of grants.--The Secretary shall not
        provide grants to more than 15 applicants under the pilot
        program.
            (2) Maximum amount.--The Secretary shall not provide more
        than $20,000,000 in Federal assistance under the pilot program
        to any applicant.
            (3) Cost sharing.--
                    (A) Federal share.--The Federal share of the cost
                of any project under the pilot program shall not exceed
                50 percent of the eligible costs of the project.
                    (B) Non-federal share.--Funds apportioned to a
                State under section 104(b)(2) of title 23, United
                States Code, for the congestion mitigation and air
                quality improvement program may be used by the State to
                pay for the non-Federal share of the cost of any
                project under the pilot program.
            (4) Maximum period of grants.--No applicant may receive
        Federal assistance under the pilot program for more than 5
        years.
    (d) Allowable Project Costs.--The cost of a project eligible for
Federal assistance under the pilot program may include only the
following:
            (1) The purchase of alternative fuel vehicles, including--
                    (A) passenger vehicles;
                    (B) buses used for public transportation or
                transportation to and from schools;
                    (C) delivery vehicles for goods or services;
                    (D) ground support vehicles at public airports,
                including vehicles to carry baggage or push airplanes
                away from terminal gates; and
                    (E) two-wheel bikes, scooters, or other vehicles
                for use by law enforcement personnel or other State or
                local government employees.
            (2) Infrastructure necessary to directly support a project,
        including fueling and other support equipment.
            (3) Operation and maintenance of vehicles, infrastructure,
        and equipment purchased as part of a project with Federal
        assistance under the pilot program.
    (e) Proposals.--The Secretary shall issue requirements for applying
for grants under the pilot program. At a minimum, the Secretary shall
require that applications be submitted by the head of a State or local
government or a metropolitan transportation authority, or any
combination thereof, and include--
            (1) an estimate of the ridership or degree of use of the
        projects proposed in the application;
            (2) an estimate of the air pollution emissions reduced and
        fossil fuel displaced as a result of the projects and a plan to
        collect and disseminate environmental data over the life of the
        projects;
            (3) a description of other existing modes of transportation
        to which the projects will connect or the degree to which
        proposed modes of transportation will be linked;
            (4) a description of how the projects will be sustainable
        without Federal assistance after the completion of the term of
        the demonstration;
            (5) a complete description of the costs of the project,
        including acquisition, construction, operation, and maintenance
        costs over the expected life of the project; and
            (6) a description of which costs will be supported by
        Federal assistance and which by assistance from non-Federal
        partners, including State and local governments and private
        entities.
    (f) Criteria.--In evaluating applications under the pilot program,
the Secretary shall consider each applicant's previous experience
involving alternative fuel vehicles and shall approve the proposals
that--
            (1) are most likely to maximize--
                    (A) protection of the environment, including
                reductions in air pollution emissions and the ability
                of the proposal to help achieve national, State, or
                local air quality goals;
                    (B) enhancement of the local or national public
                transportation system, especially the degree to which
                the proposal connects various modes of transportation;
                    (C) nationwide deployment of innovative
                transportation technology or important new
                configurations of intermodal transportation systems
                that increase the use of alternative fuel vehicles;
                    (D) the amount of goods transported or number of
                riders served; and
                    (E) stimulation of the national or regional
                economy;
            (2) demonstrate the greatest commitment on the part of the
        applicant to fund the proposal and the greatest likelihood that
        each project in the proposal will be maintained and expanded
        after Federal assistance is exhausted; and
            (3) assure a broad geographic distribution of project
        sites.
    (g) Schedule.--
            (1) Publication.--Not later than 90 days after the date of
        enactment of this Act, the Secretary shall publish in the
        Federal Register, and elsewhere as appropriate, a request for
        proposals to undertake projects under the pilot program.
        Applications for such proposals shall be due within 180 days of
        the publication of the notice.
            (2) Selection.--Not later than 180 days after the date by
        which applications for grants are due, the Secretary shall
        select all proposals to be carried out under the pilot program.

SEC. 5. REPORT TO CONGRESS.

    Not later than 36 months after the date of enactment of this Act,
the Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
containing--
            (1) an evaluation of the effectiveness of the pilot program
        including an assessment of the benefits to the environment
        derived from the projects included in the pilot program as well
        as an estimate of the potential benefits to the environment to
        be derived from widespread application of such intermodal
        transportation activities;
            (2) an identification of other applicants that submitted
        project applications for the pilot program; and
            (3) a description of the mechanisms used by the Secretary
        to ensure that the information and know-how gained by
        participants in the pilot program is transferred among the
        pilot program participants and to other interested parties,
        including other applicants that submitted project applications.

SEC. 6. AUTHORIZATIONS.

    (a) In General.--There is authorized to be appropriated
$200,000,000 to carry out this Act.
    (b) Availability of Amounts.--Amounts appropriated to carry out
this Act shall remain available until expended.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amateur Radio Parity Act of 2016''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) More than 730,000 radio amateurs in the United States
        are licensed by the Federal Communications Commission in the
        amateur radio services.
            (2) Amateur radio, at no cost to taxpayers, provides a
        fertile ground for technical self-training in modern
        telecommunications, electronics technology, and emergency
        communications techniques and protocols.
            (3) There is a strong Federal interest in the effective
        performance of amateur stations established at the residences
        of licensees. Such stations have been shown to be frequently
        and increasingly precluded by unreasonable private land use
        restrictions, including restrictive covenants.
            (4) Federal Communications Commission regulations have for
        three decades prohibited the application to stations in the
        amateur service of State and local regulations that preclude or
        fail to reasonably accommodate amateur service communications,
        or that do not constitute the minimum practicable regulation to
        accomplish a legitimate State or local purpose. Commission
        policy has been and is to require States and localities to
        permit erection of a station antenna structure at heights and
        dimensions sufficient to accommodate amateur service
        communications.
            (5) The Commission has sought guidance and direction from
        Congress with respect to the application of the Commission's
        limited preemption policy regarding amateur service
        communications to private land use restrictions, including
        restrictive covenants.
            (6) There are aesthetic and common property considerations
        that are uniquely applicable to private land use regulations
        and the community associations obligated to enforce covenants,
        conditions, and restrictions in deed-restricted communities.
        These considerations are dissimilar to those applicable to
        State law and local ordinances regulating the same residential
        amateur radio facilities.
            (7) In recognition of these considerations, a separate
        Federal policy than exists at section 97.15(b) of title 47,
        Code of Federal Regulations, is warranted concerning amateur
        service communications in deed-restricted communities.
            (8) Community associations should fairly administer private
        land use regulations in the interest of their communities,
        while nevertheless permitting the installation and maintenance
        of effective outdoor amateur radio antennas. There exist
        antenna designs and installations that can be consistent with
        the aesthetics and physical characteristics of land and
        structures in community associations while accommodating
        communications in the amateur radio services.

SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR
              STATIONS.

    (a) Amendment of FCC Rules.--Not later than 120 days after the date
of the enactment of this Act, the Federal Communications Commission
shall amend section 97.15 of title 47, Code of Federal Regulations, by
adding a new paragraph that prohibits the application to amateur
stations of any private land use restriction, including a restrictive
covenant, that--
            (1) on its face or as applied, precludes communications in
        an amateur radio service;
            (2) fails to permit a licensee in an amateur radio service
        to install and maintain an effective outdoor antenna on
        property under the exclusive use or control of the licensee; or
            (3) does not constitute the minimum practicable restriction
        on such communications to accomplish the lawful purposes of a
        community association seeking to enforce such restriction.
    (b) Additional Requirements.--In amending its rules as required by
subsection (a), the Commission shall--
            (1) require any licensee in an amateur radio service to
        notify and obtain prior approval from a community association
        concerning installation of an outdoor antenna;
            (2) permit a community association to prohibit installation
        of any antenna or antenna support structure by a licensee in an
        amateur radio service on common property not under the
        exclusive use or control of the licensee; and
            (3) subject to the standards specified in paragraphs (1)
        and (2) of subsection (a), permit a community association to
        establish reasonable written rules concerning height, location,
        size, and aesthetic impact of, and installation requirements
        for, outdoor antennas and support structures for the purpose of
        conducting communications in the amateur radio services.

SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE
              REGULATION.

    The Federal Communications Commission may not change section
97.15(b) of title 47, Code of Federal Regulations, which shall remain
applicable to State and local land use regulation of amateur service
communications.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Community association.--The term ``community
        association'' means any non-profit mandatory membership
        organization composed of owners of real estate described in a
        declaration of covenants or created pursuant to a covenant or
        other applicable law with respect to which a person, by virtue
        of the person's ownership of or interest in a unit or parcel,
        is obligated to pay for a share of real estate taxes, insurance
        premiums, maintenance, improvement, services, or other expenses
        related to common elements, other units, or any other real
        estate other than the unit or parcel described in the
        declaration.
            (2) Terms defined in regulations.--The terms ``amateur
        radio services'', ``amateur service'', and ``amateur station''
        have the meanings given such terms in section 97.3 of title 47,
        Code of Federal Regulations.

            Passed the House of Representatives September 12, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``AmeriCorps Disaster Relief Corps Act
of 2005''.

SEC. 2. AUTHORITY.

    The Corporation for National and Community Service (referred to in
this Act as the ``Corporation''), pursuant to section 126(b) of the
National and Community Service Act of 1990 (42 U.S.C. 12576(b)), shall
carry out the activities authorized under this Act.

SEC. 3. ESTABLISHMENT OF SPECIAL AMERICORPS DISASTER RELIEF CORPS.

    (a) Establishment.--There is established an AmeriCorps Disaster
Relief Corps, to be administered by the Corporation, to carry out full-
or part-time service projects that provide food, clothing, shelter, and
other humanitarian assistance for victims of major disasters and
emergencies, projects involving cleaning, repair, and reconstruction of
structures, facilities, and lands located within the disaster area, and
other projects arising from the consequences of major disasters and
emergencies.
    (b) Recruitment of Participants and Eligibility.--
            (1) Recruitment.--The Corporation shall endeavor to recruit
        up to 10,000 additional eligible participants for the national
        service program established under subsection (a).
            (2) Eligibility.--Eligibility to participate in the
        national service program established under subsection (a) shall
        be on the same basis as for participation in an approved
        national service position authorized by subtitle C or E of
        title I of the National and Community Service Act (42 U.S.C.
        12571 et seq.) or by title I of the Domestic Volunteer Service
        Act of 1973 (42 U.S.C. 4951 et seq.). Individuals selected as
        participants in the program shall be eligible for living
        allowances, educational awards, and other support authorized
        for participants in approved national service positions under
        such Acts.
            (3) Priority.--In conducting recruiting under paragraph
        (1), the Corporation and recipients of assistance to operate
        projects shall give priority to those individuals dislocated as
        a result of major disasters and emergencies and may permit
        alternative documentation requirements relating to
        demonstrating eligibility of such individuals.
    (c) Projects.--Participants for the national service program
established under subsection (a) may serve on projects that--
            (1) help those affected by major disasters and emergencies
        assess their needs;
            (2) assist in the construction of temporary housing for the
        displaced victims of a major disaster or emergency;
            (3) provide relocation services for victims of the
        hurricane, including food, water and clothing distribution and
        housing location services;
            (4) conduct outreach to local businesses, building owners,
        and others with applications for disaster relief and for other
        assistance to be provided by Federal or State government;
            (5) provide employment services for victims, such as
        identifying job training, job placement, and other
        opportunities;
            (6) conduct environmental surveys, monitoring water quality
        and determining the environmental impact on the affected
        region;
            (7) provide teaching and administrative support functions
        for school systems where displaced children have enrolled;
            (8) work with schools to identify and mentor students
        coping with the impact of a major disaster or emergency;
            (9) work with public officials to prepare them for future
        disasters or emergencies; and
            (10) otherwise assist with the rebuilding of the affected
        regions.

SEC. 4. GRANTS TO STATES, CITIES, ORGANIZATIONS; COOPERATION WITH
              FEDERAL AGENCIES.

    The Corporation may use funds authorized under this Act in support
of projects or activities consistent with those specified in section
3(c) to--
            (1) make grants to, or enter into agreements with States,
        subdivisions of States, or other organizations to support
        AmeriCorps projects under section 121 of the National and
        Community Service Act (42 U.S.C. 12571);
            (2) support the National Civilian Community Corps
        authorized under subtitle E of title I of the National and
        Community Service Act (42 U.S.C. 12611);
            (3) support the VISTA program under title I of the Domestic
        Volunteer Service Act (42 U.S.C. 4451 et seq.); and
            (4) enter into a contract or cooperative or other agreement
        with another Federal agency.

SEC. 5. DEFINITIONS.

    As used in this Act, the terms ``emergency'' and ``major disaster''
have the meaning given such terms in paragraphs (1) and (2) of section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C 5122(1) and (2)).

SEC. 6. TRANSFER OF FUNDS TO THE NATIONAL SERVICE TRUST.

    The Corporation shall transfer funds to the National Service Trust
established in section 145 of the National and Community Service Act
(42 U.S.C. 12601) an amount required under the Strengthen AmeriCorps
Program Act of 2003 (Public Law 108-45) (42 U.S.C. 12605 et seq.) to
provide educational awards and related assistance authorized under
subtitle D of title I of the National and Community Service Act (42
U.S.C. 12601 et. seq.)

SEC. 7. AUTHORITY FOR THIRD-TERM BENEFITS AND EDUCATIONAL AWARD.

     Notwithstanding any other provision of law, an individual serving
in a program authorized by this Act may serve a third term of service
in an approved national service position and may receive in-service
benefits and a post-service educational award authorized under the
national service laws on the same basis as an individual serving in a
first or second term of service.

SEC. 8. ADMINISTRATIVE EXPENSES.

    The Corporation may use up to two percent of funds authorized under
section 12 for the administration of this Act.

SEC. 9. ACCEPTANCE OF DONATED SERVICES.

    Section 196(a)(2) (42 U.S.C. 12651g(a)(2)) of the National and
Community Service Act is amended by striking ``money or property'' and
inserting ``money, services, or property''.

SEC. 10. GRANTS NOT SUBJECT TO ANNUAL APPROPRIATIONS LIMITATIONS.

    Notwithstanding any other provision of law, funds provided under
this Act to administer, reimburse, or support any national service
program authorized under the national service laws, shall not be
considered in applying any limitation on funding for such programs in
annual appropriations Acts.

SEC. 11. AUTHORITY TO SUPPORT PROGRAMS OPERATED BY FEDERAL AGENCIES.

    Notwithstanding any other provision of law, the Corporation may use
funds authorized under this Act to enter into a contract or cooperative
agreement with another Federal agency to support a national service
program carried out by that agency consistent with section 121(b) of
the National and Community Service Act of 1990 (42 U.S.C. 12571(b)).

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Corporation
$150,000,000 for each of fiscal years 2006 and 2007 to carry out this
Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America's Cup Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 34th america's cup.--The term ``34th America's Cup''--
                    (A) means the sailing competitions, commencing in
                2011, to be held in the United States in response to
                the challenge to the defending team from the United
                States, in accordance with the terms of the America's
                Cup governing Deed of Gift, dated October 24, 1887; and
                    (B) if a United States yacht club successfully
                defends the America's Cup, includes additional sailing
                competitions conducted by America's Cup Race Management
                during the 1-year period beginning on the last date of
                such defense.
            (2) America's cup race management.--The term ``America's
        Cup Race Management'' means the entity established to provide
        for independent, professional, and neutral race management of
        the America's Cup sailing competitions.
            (3) Eligibility certification.--The term ``Eligibility
        Certification'' means a certification issued under section 4.
            (4) Eligible vessel.--The term ``eligible vessel'' means a
        competing vessel or supporting vessel of any registry that--
                    (A) is recognized by America's Cup Race Management
                as an official competing vessel, or supporting vessel
                of, the 34th America's Cup, as evidenced in writing to
                the Administrator of the Maritime Administration of the
                Department of Transportation;
                    (B) transports not more than 25 individuals, in
                addition to the crew;
                    (C) is not a ferry (as defined under section
                2101(10b)) of title 46, United States Code;
                    (D) does not transport individuals in point-to-
                point service for hire; and
                    (E) does not transport merchandise between ports in
                the United States.
            (5) Supporting vessel.--The term ``supporting vessel''
        means a vessel that is operating in support of the 34th
        America's Cup by--
                    (A) positioning a competing vessel on the race
                course;
                    (B) transporting equipment and supplies utilized
                for the staging, operations, or broadcast of the
                competition; or
                    (C) transporting individuals who--
                            (i) have not purchased tickets or directly
                        paid for their passage; and
                            (ii) who are engaged in the staging,
                        operations, or broadcast of the competition,
                        race team personnel, members of the media, or
                        event sponsors.

SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS.

    Notwithstanding sections 55102, 55103, and 55111 of title 46,
United States Code, an eligible vessel, operating only in preparation
for, or in connection with, the 34th America's Cup competition, may
position competing vessels and may transport individuals and equipment
and supplies utilized for the staging, operations, or broadcast of the
competition from and around the ports in the United States.

SEC. 4. CERTIFICATION.

    (a) Requirement.--A vessel may not operate under section 3 unless
the vessel has received an Eligibility Certification.
    (b) Issuance.--The Administrator of the Maritime Administration of
the Department of Transportation is authorized to issue an Eligibility
Certification with respect to any vessel that the Administrator
determines, in his or her sole discretion, meets the requirements set
forth in section 2(4).

SEC. 5. ENFORCEMENT.

    Notwithstanding sections 55102, 55103, and 55111 of title 46,
United States Code, an Eligibility Certification shall be conclusive
evidence to the Secretary of the Department of Homeland Security of the
qualification of the vessel for which it has been issued to participate
in the 34th America's Cup as a competing vessel or a supporting vessel.

SEC. 6. PENALTY.

    Any vessel participating in the 34th America's Cup as a competing
vessel or supporting vessel that has not received an Eligibility
Certification or is not in compliance with section 12112 of title 46,
United States Code, shall be subject to the applicable penalties
provided in chapters 121 and 551 of title 46, United States Code.

SEC. 7. VESSEL DOCUMENTATION EXEMPTION.

    (a) In General.--Notwithstanding sections 12112 and 12132 and
chapter 551 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation with a coastwise endorsement for each of
the following vessels:
            (1) LNG GEMINI (United States official number 595752).
            (2) LNG LEO (United States official number 595753).
            (3) LNG VIRGO (United States official number 595755).
    (b) Limitation on Operation.--Coastwise trade authorized under
subsection (a) shall be limited to carriage of natural gas, as that
term is defined in section 3(13) of the Deepwater Port Act of 1974 (33
U.S.C. 1502(13)).
    (c) Termination of Effectiveness of Endorsements.--The coastwise
endorsement issued under subsection (a) for a vessel shall expire on
the date of the sale of the vessel by the owner of the vessel on the
date of enactment of this Act to a person who is not related by
ownership or control to such owner.

SEC. 8. OPERATION OF DRY DOCK IN KETCHIKAN, ALASKA.

    A vessel transported in Dry Dock #2 (State of Alaska registration
AIDEA FDD-2) is not merchandise for purposes of section 55102 of title
46, United States Code, if, during such transportation, Dry Dock #2
remains connected by a utility or other connecting line to pierside
moorage located in Ketchikan, Alaska.

            Passed the Senate November 3, 2011.

            Attest:

                                                             Secretary.
112th CONGRESS

  1st Session

                                S. 1759

_______________________________________________________________________

                                 AN ACT

 To facilitate the hosting in the United States of the 34th America's
     Cup by authorizing certain eligible vessels to participate in
                 activities related to the competition.