[Congressional Record Volume 147, Number 74 (Friday, May 25, 2001)]
[Senate]
[Pages S5753-S5763]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  LEGISLATION INTRODUCED MAY 24, 2001

  Due to electronic transmission difficulties, the text of several 
bills, resolutions, and amendments introduced or modified on May 24, 
2001, were omitted from the Record. The text of these items follows:

                                 S. 945

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Home-Office Deduction 
     Simplification Act of 2001''.

     SEC. 2. REPEAL OF RECOGNITION OF GAIN RULE FOR HOME OFFICE.

       (a) In General.--Subsection (d) of section 121 of the 
     Internal Revenue Code of 1986 (relating to exclusion of gain 
     from sale of principal residence) is amended by striking 
     paragraph (6) and redesignating paragraphs (7) and (8) as 
     paragraphs (6) and (7), respectively.
       (b) Exception to Treatment as Gain From Disposition of 
     Principal Residence.--Subsection (d) of section 1250 of the 
     Internal Revenue Code of 1986 (relating to gain from 
     dispositions of certain depreciable realty) is amended by 
     adding at the end the following new paragraph:
       ``(9) Home office.--Subsection (a) shall not apply to 
     property described in section 280A(c)(1) which is a portion 
     of the principal residence (within the meaning of section 
     121) of the taxpayer.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to sales and exchanges occurring after December 
     31, 2000.
                                  ____


                                 S. 948

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Rail Line 
     Relocation Assistance Act of 2001''.

     SEC. 2. RAIL LINE RELOCATION GRANT PROGRAM.

       (a) Establishment.--
       (1) Authority.--Chapter 2 of title 23, United States Code, 
     is amended by inserting after section 206 the following:

     ``Sec. 207. Capital grants for rail line relocation projects

       ``(a) Establishment of Program.--The Secretary shall carry 
     out a grant program to provide financial assistance for local 
     rail line relocation projects.
       ``(b) Eligibility.--A State is eligible for a grant under 
     this section for any project for the improvement of the route 
     or structure of a rail line passing through a municipality of 
     the State that--
       ``(1) is carried out for the purpose of mitigating the 
     adverse effects of rail traffic on safety, motor vehicle 
     traffic flow, or economic development in the municipality;
       ``(2) involves a lateral or vertical relocation of any 
     portion of the rail line within the municipality to avoid a 
     closing of a grade crossing or the construction of a road 
     underpass or overpass; and
       ``(3) meets the costs-benefits requirement set forth in 
     subsection (c).
       ``(c) Costs-Benefits Requirement.--A grant may be awarded 
     under this section for a project for the relocation of a rail 
     line only if the benefits of the project for the period equal 
     to the estimated economic life of the relocated rail line 
     exceed the costs of the project for that period, as 
     determined by the Secretary considering the following 
     factors:
       ``(1) The effects of the rail line and the rail traffic on 
     motor vehicle and pedestrian traffic, safety, and area 
     commerce if the rail line were not so relocated.
       ``(2) The effects of the rail line, relocated as proposed, 
     on motor vehicle and pedestrian traffic, safety, and area 
     commerce.
       ``(3) The effects of the rail line, relocated as proposed, 
     on the freight and passenger rail operations on the rail 
     line.
       ``(d) Considerations for Approval of Grant Applications.--
     In addition to considering the relationship of benefits to 
     costs in determining whether to award a grant to an eligible 
     State under this section, the Secretary shall consider the 
     following factors:
       ``(1) The capability of the State to fund the rail line 
     relocation project without Federal grant funding.
       ``(2) The requirement and limitation relating to allocation 
     of grant funds provided in subsection (e).
       ``(3) Equitable treatment of the various regions of the 
     United States.
       ``(e) Allocation Requirements.--
       ``(1) Projects under $20,000,000.--At least 50 percent of 
     all grant funds awarded under this section out of funds 
     appropriated for a fiscal year shall be provided for rail 
     line relocation projects that have an estimated project cost 
     of less than $20,000,000 each.
       ``(2) Limitation per project.--Not more than 25 percent of 
     the total amount available for carrying out this section for 
     a fiscal year may be provided for any one project in that 
     fiscal year.
       ``(f) Federal Share.--The total amount of a grant awarded 
     under this section for a rail line relocation project shall 
     be 90 percent of the shared costs of the project, as 
     determined under subsection (g)(4).
       ``(g) State Share.--
       ``(1) Percentage.--A State shall pay 10 percent of the 
     shared costs of a project that is funded in part by a grant 
     awarded under this section.
       ``(2) Forms of contributions.--The share required by 
     paragraph (1) may be paid in cash or in kind.
       ``(3) In-kind contributions.--The in-kind contributions 
     that are permitted to be counted under paragraph (2) for a 
     project for a State are as follows:
       ``(A) A contribution of real property or tangible personal 
     property (whether provided by the State or a person for the 
     State).
       ``(B) A contribution of the services of employees of the 
     State, calculated on the basis of costs incurred by the State 
     for the pay and benefits of the employees, but excluding 
     overhead and general administrative costs.
       ``(C) A payment of any costs that were incurred for the 
     project before the filing of an application for a grant for 
     the project under this section, and any in-kind contributions 
     that were made for the project before the filing of the 
     application, if and to the extent that the costs were 
     incurred or in-kind contributions were made, as the case may 
     be, to comply with a provision of a statute required to be 
     satisfied in order to carry out the project.
       ``(4) Costs not shared.--
       ``(A) In general.--For the purposes of subsection (f) and 
     this subsection, the shared costs of a project in a 
     municipality do not include any cost that is defrayed with 
     any funds or in-kind contribution that a source other than 
     the municipality makes available for the use of the 
     municipality without imposing at least one of the following 
     conditions:
       ``(i) The condition that the municipality use the funds or 
     contribution only for the project.
       ``(ii) The condition that the availability of the funds or 
     contribution to the municipality is contingent on the 
     execution of the project.
       ``(B) Determinations of the secretary.--The Secretary shall 
     determine the amount of the costs, if any, that are not 
     shared costs under this paragraph and the total amount of the 
     shared costs. A determination of the Secretary shall be 
     final.
       ``(h) Multistate Agreements To Combine Amounts.--Two or 
     more States (not including political subdivisions of States) 
     may, pursuant to an agreement entered into by the States, 
     combine any part of the amounts provided through grants for a 
     project under this section if--
       ``(1) the project will benefit each of the States entering 
     into the agreement; and
       ``(2) the agreement is not a violation of a law of any such 
     State.
       ``(i) Regulations.--The Secretary shall prescribe 
     regulations for carrying out this section.
       ``(j) State Defined.--In this section, the term `State' 
     includes, except as otherwise specifically provided, a 
     political subdivision of a State.
       ``(k) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated from the general fund of the 
     Treasury for carrying out this section for fiscal years and 
     in amounts as follows:
       ``(1) For fiscal year 2001, $250,000,000.
       ``(2) For fiscal year 2002, $500,000,000.
       ``(3) For fiscal year 2003, $500,000,000.
       ``(4) For fiscal year 2004, $500,000,000.
       ``(5) For fiscal year 2005, $500,000,000.
       ``(6) For fiscal year 2006, $500,000,000.''.
       (2) Table of sections.--The table of sections at the 
     beginning of chapter 2 of title 23, United States Code, is 
     amended by inserting after the item relating to section 206 
     the following:

``207. Capital grants for rail line relocation projects.''.

       (b) Regulations.--
       (1) Interim regulations.--Not later than December 31, 2001, 
     the Secretary of Transportation shall issue temporary 
     regulations to implement the grant program under section 207 
     of title 23, United States Code, as added by subsection (a). 
     Subchapter II of chapter 5 of title 5, United States Code, 
     shall not apply to the issuance of a temporary regulation 
     under this paragraph or of any amendment of such a temporary 
     regulation.
       (2) Final regulations.--Not later than October 1, 2002, the 
     Secretary shall issue final regulations implementing the 
     program.
                                  ____


                                 S. 949

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PERMANENT RESIDENT STATUS FOR ZHENGFU GE.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act, Zhenfu Ge 
     shall be eligible for issuance of an immigrant visa or for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence upon filing an application for 
     issuance of an immigrant visa under section 204 of such Act 
     or for adjustment of status to lawful permanent resident.

[[Page S5754]]

       (b) Adjustment of Status.--If Zhengfu Ge enters the United 
     States before the filing deadline specified in subsection 
     (c), she shall be considered to have entered and remained 
     lawfully and shall, if otherwise eligible, be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act as of the date of enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status are filed with appropriate fees within 2 
     years after the date of enactment of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant visa or permanent residence to Zhenfu Ge, the 
     Secretary of State shall instruct the proper officer to 
     reduce by one, during the current or next following fiscal 
     year, the total number of immigrant visas that are made 
     available to natives of the country of the alien's birth 
     under section 203(a) of the Immigration and Nationality Act 
     or, if applicable, the total number of immigrant visas that 
     are made available to natives of the country of the alien's 
     birth under section 202(e) of such Act.
                                  ____


                                 S. 950

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Reformulated Fuels 
     Act of 2001''.

     SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.

       (a) Use of LUST Funds for Remediation of MTBE 
     Contamination.--Section 9003(h) of the Solid Waste Disposal 
     Act (42 U.S.C. 6991b(h)) is amended--
       (1) in paragraph (7)(A)--
       (A) by striking ``paragraphs (1) and (2) of this 
     subsection'' and inserting ``paragraphs (1), (2), and (12)''; 
     and
       (B) by inserting ``and section 9010(a)'' before ``if''; and
       (2) by adding at the end the following:
       ``(12) Remediation of mtbe contamination.--
       ``(A) In general.--The Administrator and the States may use 
     funds made available under section 9011(1) to carry out 
     corrective actions with respect to a release of methyl 
     tertiary butyl ether that presents a threat to human health, 
     welfare, or the environment.
       ``(B) Applicable authority.--Subparagraph (A) shall be 
     carried out--
       ``(i) in accordance with paragraph (2); and
       ``(ii) in the case of a State, in accordance with a 
     cooperative agreement entered into by the Administrator and 
     the State under paragraph (7).''.
       (b) Release Prevention and Compliance.--Subtitle I of the 
     Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) is amended 
     by striking section 9010 and inserting the following:

     ``SEC. 9010. RELEASE PREVENTION AND COMPLIANCE.

       ``Funds made available under section 9011(2) from the 
     Leaking Underground Storage Tank Trust Fund may be used for 
     conducting inspections, or for issuing orders or bringing 
     actions under this subtitle--
       ``(1) by a State (pursuant to section 9003(h)(7)) acting 
     under--
       ``(A) a program approved under section 9004; or
       ``(B) State requirements regulating underground storage 
     tanks that are similar or identical to this subtitle; and
       ``(2) by the Administrator, acting under this subtitle or a 
     State program approved under section 9004.

     ``SEC. 9011. AUTHORIZATION OF APPROPRIATIONS.

       ``In addition to amounts made available under section 
     2007(f), there are authorized to be appropriated from the 
     Leaking Underground Storage Tank Trust Fund--
       ``(1) to carry out section 9003(h)(12), $200,000,000 for 
     fiscal year 2002, to remain available until expended; and
       ``(2) to carry out section 9010--
       ``(A) $50,000,000 for fiscal year 2002; and
       ``(B) $30,000,000 for each of fiscal years 2003 through 
     2007.''.
       (c) Technical Amendments.--
       (1) Section 1001 of the Solid Waste Disposal Act (42 U.S.C. 
     prec. 6901) is amended by striking the item relating to 
     section 9010 and inserting the following:

``Sec. 9010. Release prevention and compliance.
``Sec. 9011. Authorization of appropriations.''.
       (2) Section 9001(3)(A) of the Solid Waste Disposal Act (42 
     U.S.C. 6991(3)(A)) is amended by striking ``sustances'' and 
     inserting ``substances''.
       (3) Section 9003(f)(1) of the Solid Waste Disposal Act (42 
     U.S.C. 6991b(f)(1)) is amended by striking ``subsection (c) 
     and (d) of this section'' and inserting ``subsections (c) and 
     (d)''.
       (4) Section 9004(a) of the Solid Waste Disposal Act (42 
     U.S.C. 6991c(a)) is amended in the second sentence by 
     striking ``referred to'' and all that follows and inserting 
     ``referred to in subparagraph (A) or (B), or both, of section 
     9001(2).''.
       (5) Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 
     6991d) is amended--
       (A) in subsection (a), by striking ``study taking'' and 
     inserting ``study, taking'';
       (B) in subsection (b)(1), by striking ``relevent'' and 
     inserting ``relevant''; and
       (C) in subsection (b)(4), by striking ``Evironmental'' and 
     inserting ``Environmental''.

     SEC. 3. AUTHORITY FOR WATER QUALITY PROTECTION FROM FUELS.

       (a) In General.--Section 211(c) of the Clean Air Act (42 
     U.S.C. 7545(c)) is amended--
       (1) in paragraph (1)(A)--
       (A) by inserting ``fuel or fuel additive or'' after 
     ``Administrator any''; and
       (B) by striking ``air pollution which'' and inserting ``air 
     pollution, or water pollution, that'';
       (2) in paragraph (4)(B), by inserting ``or water quality 
     protection,'' after ``emission control,''; and
       (3) by adding at the end the following:
       ``(5) Ban on the use of mtbe.--Not later than 4 years after 
     the date of enactment of this paragraph, the Administrator 
     shall ban use of methyl tertiary butyl ether in motor vehicle 
     fuel.''.
       (b) No Effect on Law Regarding State Authority.--The 
     amendments made by subsection (a) have no effect on the law 
     in effect on the day before the date of enactment of this Act 
     regarding the authority of States to limit the use of methyl 
     tertiary butyl ether in gasoline.

     SEC. 4. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED 
                   GASOLINE.

       Section 211(k)(1) of the Clean Air Act (42 U.S.C. 
     7545(k)(1)) is amended--
       (1) by striking ``Within 1 year after the enactment of the 
     Clean Air Act Amendments of 1990,'' and inserting the 
     following:
       ``(A) In general.--Not later than November 15, 1991,''; and
       (2) by adding at the end the following:
       ``(B) Waiver of oxygen content requirement.--
       ``(i) Authority of the governor.--

       ``(I) In general.--Notwithstanding any other provision of 
     this subsection, a Governor of a State, upon notification by 
     the Governor to the Administrator during the 90-day period 
     beginning on the date of enactment of this subparagraph, or 
     during the 90-day period beginning on the date on which an 
     area in the State becomes a covered area by operation of the 
     second sentence of paragraph (11)(D), may waive the 
     application of paragraphs (2)(B) and (3)(A)(v) to gasoline 
     sold or dispensed in the State.
       ``(II) Opt-in areas.--A Governor of a State that submits an 
     application under paragraph (6) may, as part of that 
     application, waive the application of paragraphs (2)(B) and 
     (3)(A)(v) to gasoline sold or dispensed in the State.

       ``(ii) Treatment as reformulated gasoline.--In the case of 
     a State for which the Governor invokes the waiver described 
     in clause (i), gasoline that complies with all provisions of 
     this subsection other than paragraphs (2)(B) and (3)(A)(v) 
     shall be considered to be reformulated gasoline for the 
     purposes of this subsection.
       ``(iii) Effective date of waiver.--A waiver under clause 
     (i) shall take effect on the earlier of--

       ``(I) the date on which the performance standards under 
     subparagraph (C) take effect; or
       ``(II) the date that is 270 days after the date of 
     enactment of this subparagraph.

       ``(C) Maintenance of toxic air pollutant emission 
     reductions.--
       ``(i) In general.--As soon as practicable after the date of 
     enactment of this subparagraph, the Administrator shall--

       ``(I) promulgate regulations consistent with subparagraph 
     (A) and paragraph (3)(B)(ii) to ensure that reductions of 
     toxic air pollutant emissions achieved under the reformulated 
     gasoline program under this section before the date of 
     enactment of this subparagraph are maintained in States for 
     which the Governor waives the oxygenate requirement under 
     subparagraph (B)(i); or
       ``(II) determine that the requirement described in clause 
     (iv)--

       ``(aa) is consistent with the bases for performance 
     standards described in clause (ii); and
       ``(bb) shall be deemed to be the performance standards 
     under clause (ii) and shall be applied in accordance with 
     clause (iii).
       ``(ii) PADD performance standards.--The Administrator, in 
     regulations promulgated under clause (i)(I), shall establish 
     annual average performance standards for each Petroleum 
     Administration for Defense District (referred to in this 
     subparagraph as a `PADD') based on--

       ``(I) the average of the annual aggregate reductions in 
     emissions of toxic air pollutants achieved under the 
     reformulated gasoline program in each PADD during calendar 
     years 1999 and 2000, determined on the basis of the 1999 and 
     2000 Reformulated Gasoline Survey Data, as collected by the 
     Administrator; and
       ``(II) such other information as the Administrator 
     determines to be appropriate.

       ``(iii) Applicability.--

       ``(I) In general.--The performance standards under this 
     subparagraph shall be applied on an annual average importer 
     or refinery-by-refinery basis to reformulated gasoline that 
     is sold or introduced into commerce in a State for which the 
     Governor waives the oxygenate requirement under subparagraph 
     (B)(i).
       ``(II) More stringent requirements.--The performance 
     standards under this subparagraph shall not apply to the 
     extent that any requirement under section 202(l) is more 
     stringent than the performance standards.
       ``(III) State standards.--The performance standards under 
     this subparagraph shall not

[[Page S5755]]

     apply in any State that has received a waiver under section 
     209(b).
       ``(IV) Credit program.--The Administrator shall provide for 
     the granting of credits for exceeding the performance 
     standards under this subparagraph in the same manner as 
     provided in paragraph (7).

       ``(iv) Statutory performance standards.--

       ``(I) In general.--Subject to subclause (IV), if the 
     regulations under clause (i)(I) have not been promulgated by 
     the date that is 270 days after the date of enactment of this 
     subparagraph, the requirement described in subclause (III) 
     shall be deemed to be the performance standards under clause 
     (ii) and shall be applied in accordance with clause (iii).
       ``(II) Publication in federal register.--Not later than 30 
     days after the date of enactment of this subparagraph, the 
     Administrator shall publish in the Federal Register, for each 
     PADD, the percentage equal to the average of the annual 
     aggregate reductions in the PADD described in clause (ii)(I).
       ``(III) Toxic air pollutant emissions.--The annual 
     aggregate emissions of toxic air pollutants from baseline 
     vehicles when using reformulated gasoline in each PADD shall 
     be not greater than--

       ``(aa) the aggregate emissions of toxic air pollutants from 
     baseline vehicles when using baseline gasoline in the PADD; 
     reduced by
       ``(bb) the quantity obtained by multiplying the aggregate 
     emissions described in item (aa) for the PADD by the 
     percentage published under subclause (II) for the PADD.

       ``(IV) Subsequent regulations.--Through promulgation of 
     regulations under clause (i)(I), the Administrator may modify 
     the performance standards established under subclause (I) to 
     require each PADD to achieve a greater percentage reduction 
     than the percentage published under subclause (II) for the 
     PADD.''.

     SEC. 5. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND 
                   FUEL ADDITIVES.

       Section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) is 
     amended--
       (1) in paragraph (2)--
       (A) by striking ``may also'' and inserting ``shall, on a 
     regular basis,''; and
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) to conduct tests to determine potential public health 
     and environmental effects of the fuel or additive (including 
     carcinogenic, teratogenic, or mutagenic effects); and''; and
       (2) by adding at the end the following:
       ``(4) Ethyl tertiary butyl ether.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this paragraph, the Administrator shall--
       ``(i) conduct a study on the effects on public health, air 
     quality, and water resources of increased use of, and the 
     feasibility of using as substitutes for methyl tertiary butyl 
     ether in gasoline--

       ``(I) ethyl tertiary butyl ether; and
       ``(II) other ethers, as determined by the Administrator; 
     and

       ``(ii) submit to the Committee on Energy and Commerce of 
     the House of Representatives and the Committee on Environment 
     and Public Works of the Senate a report describing the 
     results of the study.
       ``(B) Contracts for study.--In carrying out this paragraph, 
     the Administrator may enter into 1 or more contracts with 
     nongovernmental entities.''.

     SEC. 6. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.

       Section 211 of the Clean Air Act (42 U.S.C. 7545) is 
     amended--
       (1) by redesignating subsection (o) as subsection (p); and
       (2) by inserting after subsection (n) the following:
       ``(o) Analyses of Motor Vehicle Fuel Changes and Emissions 
     Model.--
       ``(1) Anti-backsliding analysis.--
       ``(A) Draft analysis.--Not later than 4 years after the 
     date of enactment of this subsection, the Administrator shall 
     publish for public comment a draft analysis of the changes in 
     emissions of air pollutants and air quality due to the use of 
     motor vehicle fuel and fuel additives resulting from 
     implementation of the amendments made by the Federal 
     Reformulated Fuels Act of 2001.
       ``(B) Final analysis.--After providing a reasonable 
     opportunity for comment but not later than 5 years after the 
     date of enactment of this subsection, the Administrator shall 
     publish the analysis in final form.
       ``(2) Emissions model.--For the purposes of this 
     subsection, as soon as the necessary data are available, the 
     Administrator shall develop and finalize an emissions model 
     that reasonably reflects the effects of fuel characteristics 
     or components on emissions from vehicles in the motor vehicle 
     fleet during calendar year 2005.''.

     SEC. 7. ELIMINATION OF ETHANOL WAIVER.

       Section 211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is 
     amended--
       (1) by striking paragraph (4); and
       (2) by redesignating paragraph (5) as paragraph (4).

     SEC. 8. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED GASOLINE 
                   PROGRAM.

       Section 211(k)(6) of the Clean Air Act (42 U.S.C. 
     7545(k)(6)) is amended--
       (1) by striking ``(6) Opt-in areas.--(A) Upon'' and 
     inserting the following:
       ``(6) Opt-in areas.--
       ``(A) Classified areas.--
       ``(i) In general.--Upon'';
       (2) in subparagraph (B), by striking ``(B) If'' and 
     inserting the following:
       ``(ii) Effect of insufficient domestic capacity to produce 
     reformulated gasoline.--If'';
       (3) in subparagraph (A)(ii) (as so redesignated)--
       (A) in the first sentence, by striking ``subparagraph (A)'' 
     and inserting ``clause (i)''; and
       (B) in the second sentence, by striking ``this paragraph'' 
     and inserting ``this subparagraph''; and
       (4) by adding at the end the following:
       ``(B) Nonclassified areas.--
       ``(i) In general.--In accordance with section 110, a State 
     may submit to the Administrator, and the Administrator may 
     approve, a State implementation plan revision that provides 
     for application of the prohibition specified in paragraph (5) 
     in any portion of the State that is not a covered area or an 
     area referred to in subparagraph (A)(i).
       ``(ii) Period of effectiveness.--Under clause (i), the 
     State implementation plan shall establish a period of 
     effectiveness for applying the prohibition specified in 
     paragraph (5) to a portion of a State that--

       ``(I) commences not later than 1 year after the date of 
     approval by the Administrator of the State implementation 
     plan; and
       ``(II) ends not earlier than 4 years after the date of 
     commencement under subclause (I).''.

     SEC. 9. MTBE MERCHANT PRODUCER CONVERSION ASSISTANCE.

       Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) (as 
     amended by section 3(a)(3)) is amended by adding at the end 
     the following:
       ``(6) MTBE merchant producer conversion assistance.--
       ``(A) In general.--The Administrator may make grants to 
     merchant producers of methyl tertiary butyl ether in the 
     United States to assist the producers in the conversion of 
     eligible production facilities described in subparagraph (B) 
     to the production of other fuel additives that--
       ``(i) will be consumed in nonattainment areas;
       ``(ii) will assist the nonattainment areas in achieving 
     attainment with a national primary ambient air quality 
     standard;
       ``(iii) will not degrade air quality or surface or ground 
     water quality or resources; and
       ``(iv) have been registered and tested in accordance with 
     the requirements of this section.
       ``(B) Eligible production facilities.--A production 
     facility shall be eligible to receive a grant under this 
     paragraph if the production facility--
       ``(i) is located in the United States; and
       ``(ii) produced methyl tertiary butyl ether for consumption 
     in nonattainment areas during the period--

       ``(I) beginning on the date of enactment of this paragraph; 
     and
       ``(II) ending on the effective date of the ban on the use 
     of methyl tertiary butyl ether under paragraph (5).

       ``(C) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $250,000,000 
     for each of fiscal years 2002 through 2004.''.
                                  ____


                                 S. 952

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Public Safety Employer-
     Employee Cooperation Act of 2001''.

     SEC. 2. DECLARATION OF PURPOSE AND POLICY.

       The Congress declares that the following is the policy of 
     the United States:
       (1) Labor-management relationships and partnerships are 
     based on trust, mutual respect, open communication, bilateral 
     consensual problem solving, and shared accountability. Labor-
     management cooperation fully utilizes the strengths of both 
     parties to best serve the interests of the public, operating 
     as a team, to carry out the public safety mission in a 
     quality work environment. In many public safety agencies it 
     is the union that provides the institutional stability as 
     elected leaders and appointees come and go.
       (2) The Federal Government needs to encourage conciliation, 
     mediation, and voluntary arbitration to aid and encourage 
     employers and their employees to reach and maintain 
     agreements concerning rates of pay, hours, and working 
     conditions, and to make all reasonable efforts through 
     negotiations to settle their differences by mutual agreement 
     reached through collective bargaining or by such methods as 
     may be provided for in any applicable agreement for the 
     settlement of disputes.
       (3) The absence of adequate cooperation between public 
     safety employers and employees has implications for the 
     security of employees and can affect interstate and 
     intrastate commerce. The lack of such labor-management 
     cooperation can detrimentally impact the upgrading of police 
     and fire services of local communities, the health and well-
     being of public safety officers, and the morale of the fire 
     and police departments. Additionally, these factors could 
     have significant commercial repercussions. Moreover, 
     providing minimal standards for collective bargaining 
     negotiations in the public safety sector can prevent 
     industrial strife between labor and management that 
     interferes with the normal flow of commerce.

     SEC. 3. DEFINITIONS.

       In this Act:

[[Page S5756]]

       (1) Authority.--The term ``Authority'' means the Federal 
     Labor Relations Authority.
       (2) Emergency medical services personnel.--The term 
     ``emergency medical services personnel'' means an individual 
     who provides out-of-hospital emergency medical care, 
     including an emergency medical technician, paramedic, or 
     first responder.
       (3) Employer; public safety agency.--The terms ``employer'' 
     and ``public safety agency'' mean any State, political 
     subdivision of a State, the District of Columbia, or any 
     territory or possession of the United States that employs 
     public safety officers.
       (4) Firefighter.--The term ``firefighter'' has the meaning 
     given the term ``employee engaged in fire protection 
     activities'' in section 3(y) of the Fair Labor Standards Act 
     (29 U.S.C.203(y)).
       (5) Labor organization.--The term ``labor organization'' 
     means an organization composed in whole or in part of 
     employees, in which employees participate, and which 
     represents such employees before public safety agencies 
     concerning grievances, conditions of employment and related 
     matters.
       (6) Law enforcement officer.--The term ``law enforcement 
     officer'' has the meaning given such term in section 1204(5) 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b(5)).
       (7) Management authority.--The term ``management employee'' 
     has the meaning given such term under applicable State law in 
     effect on the date of enactment of this Act. If no such State 
     law is in effect, the term means an individual employed by a 
     public safety employer in a position that requires or 
     authorizes the individual to formulate, determine, or 
     influence the policies of the employer.
       (8) Public safety officer.--The term ``public safety 
     officer''--
       (A) means an employee of a public safety agency who is a 
     law enforcement officer, a firefighter, or an emergency 
     medical services personnel;
       (B) includes an individual who is temporarily transferred 
     to a supervisory or management position; and
       (C) does not include a permanent supervisory or management 
     employee.
       (9) Substantially provides.--The term ``substantially 
     provides'' means compliance with the essential requirements 
     of this Act, specifically, the right to form and join a labor 
     organization, the right to bargain over wages, hours and 
     conditions of employment, the right to sign an enforceable 
     contract, and availability of some form of mechanism to break 
     an impasse, such as arbitration, mediation, or fact finding.
       (10) Supervisory employee.--The term ``supervisory 
     employee'' has the meaning given such term under applicable 
     State law in effect on the date of enactment of this Act. If 
     no such State law is in effect, the term means an individual, 
     employed by a public safety employer, who--
       (A) has the authority in the interest of the employer to 
     hire, direct, assign, promote, reward, transfer, furlough, 
     lay off, recall, suspend, discipline, or remove public safety 
     officers, to adjust their grievances, or to effectively 
     recommend such action, if the exercise of the authority is 
     not merely routine or clerical in nature but requires the 
     consistent exercise of independent judgment; and
       (B) devotes a majority of time at work exercising such 
     authority.

     SEC. 4. DETERMINATION OF RIGHTS AND RESPONSIBILITIES.

       (a) Determination.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Authority shall make a 
     determination as to whether a State substantially provides 
     for the rights and responsibilities described in subsection 
     (b).
       (2) Subsequent determinations.--
       (A) In general.--A determination made pursuant to paragraph 
     (1) shall remain in effect unless and until the Authority 
     issues a subsequent determination, in accordance with the 
     procedures set forth in subparagraph (B).
       (B) Procedures for subsequent determinations.--Upon 
     establishing that a material change in State law or its 
     interpretation has occurred, an employer or a labor 
     organization may submit a written request for a subsequent 
     determination. If satisfied that a material change in State 
     law or its interpretation has occurred, the Director shall 
     issue a subsequent determination not later than 30 days after 
     receipt of such request.
       (3) Judicial review.--Any State, political subdivision of a 
     State, or person aggrieved by a determination of the 
     Authority under this section may, during the 60 day period 
     beginning on the date on which the determination was made, 
     petition any United States Court of Appeals in the circuit in 
     which the person resides or transacts business or in the 
     District of Columbia circuit, for judicial review. In any 
     judicial review of a determination by the Authority, the 
     procedures contained in subsections (c) and (d) of section 
     7123 of title 5, United States Code, shall be followed, 
     except that any final determination of the Authority with 
     respect to questions of fact or law shall be found to be 
     conclusive unless the court determines that the Authority's 
     decision was arbitrary and capricious.
       (b) Rights and Responsibilities.--In making a determination 
     described in subsection (a), the Authority shall consider 
     whether State law provides rights and responsibilities 
     comparable to or greater than the following:
       (1) Granting public safety officers the right to form and 
     join a labor organization, which may exclude management and 
     supervisory employees, that is, or seeks to be, recognized as 
     the exclusive bargaining representative of such employees.
       (2) Requiring public safety employers to recognize the 
     employees' labor organization (freely chosen by a majority of 
     the employees), to agree to bargain with the labor 
     organization, and to commit any agreements to writing in a 
     contract or memorandum of understanding.
       (3) Permitting bargaining over hours, wages, and terms and 
     conditions of employment.
       (4) Requiring an interest impasse resolution mechanism, 
     such as fact-finding, mediation, arbitration or comparable 
     procedures.
       (5) Requiring enforcement through State courts of--
       (A) all rights, responsibilities, and protections provided 
     by State law and enumerated in this section; and
       (B) any written contract or memorandum of understanding.
       (c) Failure to Meet Requirements.--If the Authority 
     determines, acting pursuant to its authority under subsection 
     (a), that a State does not substantially provide for the 
     rights and responsibilities described in subsection (b), such 
     State shall be subject to the regulations and procedures 
     described in section 5.

     SEC. 5. ROLE OF FEDERAL LABOR RELATIONS AUTHORITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Authority shall issue regulations 
     in accordance with the rights and responsibilities described 
     in section 4(b) establishing collective bargaining procedures 
     for public safety employers and officers in States which the 
     Authority has determined, acting pursuant to its authority 
     under section 4(a), do not substantially provide for such 
     rights and responsibilities.
       (b) Role of the Federal Labor Relations Authority.--The 
     Authority, to the extent provided in this Act and in 
     accordance with regulations prescribed by the Authority, 
     shall--
       (1) determine the appropriateness of units for labor 
     organization representation;
       (2) supervise or conduct elections to determine whether a 
     labor organization has been selected as an exclusive 
     representative by a majority of the employees in an 
     appropriate unit;
       (3) resolve issues relating to the duty to bargain in good 
     faith;
       (4) conduct hearings and resolve complaints of unfair labor 
     practices;
       (5) resolve exceptions to the awards of arbitrators; and
       (6) take such other actions as are necessary and 
     appropriate to effectively administer this Act, including 
     issuing subpoenas requiring the attendance and testimony of 
     witnesses and the production of documentary or other evidence 
     from any place in the United States, and administering oaths, 
     taking or ordering the taking of depositions, ordering 
     responses to written interrogatories, and receiving and 
     examining witnesses.
       (c) Enforcement.--
       (1) Authority to petition court.--The Authority may 
     petition any United States Court of Appeals with jurisdiction 
     over the parties, or the United States Court of Appeals for 
     the District of Columbia Circuit, to enforce any final orders 
     under this section, and for appropriate temporary relief or a 
     restraining order. Any petition under this section shall be 
     conducted in accordance with subsections (c) and (d) of 
     section 7123 of title 5, United States Code, except that any 
     final order of the Authority with respect to questions of 
     fact or law shall be found to be conclusive unless the court 
     determines that the Authority's decision was arbitrary and 
     capricious.
       (2) Private right of action.--Unless the Authority has 
     filed a petition for enforcement as provided in paragraph 
     (1), any party has the right to file suit in a State court of 
     competent jurisdiction to enforce compliance with the 
     regulations issued by the Authority pursuant to subsection 
     (b), and to enforce compliance with any order issued by the 
     Authority pursuant to this section. The right provided by 
     this subsection to bring a suit to enforce compliance with 
     any order issued by the Authority pursuant to this section 
     shall terminate upon the filing of a petition seeking the 
     same relief by the Authority.

     SEC. 6. STRIKES AND LOCKOUTS PROHIBITED.

       A public safety employer, officer, or labor organization 
     may not engage in a lockout, sickout, work slowdown, or 
     strike or engage in any other action that is designed to 
     compel an employer, officer, or labor organization to agree 
     to the terms of a proposed contract and that will measurably 
     disrupt the delivery of emergency services, except that it 
     shall not be a violation of this section for an employer, 
     officer, or labor organization to refuse to provide services 
     not required by the terms and conditions of an existing 
     contract.

     SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS.

       A certification, recognition, election-held, collective 
     bargaining agreement or memorandum of understanding which has 
     been issued, approved, or ratified by any public employee 
     relations board or commission or by any State or political 
     subdivision or its agents (management officials) in effect on 
     the day before the date of enactment of this Act shall not be 
     invalidated by the enactment of this Act.

[[Page S5757]]

     SEC. 8. CONSTRUCTION AND COMPLIANCE.

       (a) Construction.--Nothing in this Act shall be construed--
       (1) to invalidate or limit the remedies, rights, and 
     procedures of any law of any State or political subdivision 
     of any State or jurisdiction that provides collective 
     bargaining rights for public safety officers that are equal 
     to or greater than the rights provided under this Act; or
       (2) to prevent a State from prohibiting bargaining over 
     issues which are traditional and customary management 
     functions, except as provided in section 4(b)(3).
       (b) Compliance.--No State shall preempt laws or ordinances 
     of any of its political subdivisions if such laws provide 
     collective bargaining rights for public safety officers that 
     are equal to or greater than the rights provided under this 
     Act.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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


                                 S. 958

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Western Shoshone Claims 
     Distribution Act''.

     SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS.

       The funds appropriated in satisfaction of the judgment 
     award granted to the Western Shoshone Indians in Docket 
     Number 326-K before the Indian Claims Commission, including 
     all earned interest, shall be distributed as follows:
       (1) The Secretary shall establish a Western Shoshone 
     Judgment Roll consisting of all Western Shoshones who--
       (A) have at least \1/4\ degree of Western Shoshone Blood;
       (B) are citizens of the United States; and
       (C) are living on the date of enactment of this Act.
       (2) Any individual determined or certified as eligible by 
     the Secretary to receive a per capita payment from any other 
     judgment fund awarded by the Indian Claims Commission, the 
     United States Claims Court, or the United States Court of 
     Federal Claims, that was appropriated on or before the date 
     of enactment of this Act, shall not be eligible for 
     enrollment under this Act.
       (3) The Secretary shall publish in the Federal Register 
     rules and regulations governing the establishment of the 
     Western Shoshone Judgment Roll and shall utilize any 
     documents acceptable to the Secretary in establishing proof 
     of eligibility. The Secretary's determination on all 
     applications for enrollment under this paragraph shall be 
     final.
       (4) Upon completing the Western Shoshone Judgment Roll 
     under paragraph (1), the Secretary shall make a per capita 
     distribution of 100 percent of the funds described in this 
     section, in a sum as equal as possible, to each person listed 
     on the Roll.
       (5)(A) With respect to the distribution of funds under this 
     section, the per capita shares of living competent adults who 
     have reached the age of 19 years on the date of the 
     distribution provided for under paragraph (4), shall be paid 
     directly to them.
       (B) The per capita shares of deceased individuals shall be 
     distributed to their heirs and legatees in accordance with 
     regulations prescribed by the Secretary.
       (C) The shares of legally incompetent individuals shall be 
     administered pursuant to regulations and procedures 
     established by the Secretary under section 3(b)(3) of Public 
     Law 93-134 (25 U.S.C. 1403(b)(3)).
       (D) The shares of minors and individuals who are under the 
     age of 19 years on the date of the distribution provided for 
     under paragraph (4) shall be held by the Secretary in 
     supervised individual Indian money accounts. The funds from 
     such accounts shall be disbursed over a period of 4 years in 
     payments equaling 25 percent of the principal, plus the 
     interest earned on that portion of the per capita share. The 
     first payment shall be disbursed to individuals who have 
     reached the age of 18 years if such individuals are deemed 
     legally competent. Subsequent payments shall be disbursed 
     within 90 days of the individual's following 3 birthdays.
       (6) All funds distributed under this Act are subject to the 
     provisions of section 7 of Public Law 93-134 (25 U.S.C. 
     1407).
       (7) All per capita shares belonging to living competent 
     adults certified as eligible to share in the judgment fund 
     distribution under this section, and the interest earned on 
     those shares, that remain unpaid for a period of 6-years 
     shall be added to the principal funds that are held and 
     invested in accordance with section 3, except that in the 
     case of a minor, such 6-year period shall not begin to run 
     until the minor reaches the age of majority.
       (8) Any other residual principal and interest funds 
     remaining after the distribution under paragraph (4) is 
     complete shall be added to the principal funds that are held 
     and invested in accordance with section 3.
       (9) Receipt of a share of the judgment funds under this 
     section shall not be construed as a waiver of any existing 
     treaty rights pursuant to the ``1863 Treaty of Ruby Valley'', 
     inclusive of all Articles I through VIII, and shall not 
     prevent any Western Shoshone Tribe or Band or individual 
     Shoshone Indian from pursuing other rights guaranteed by law.

     SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3.

       The funds appropriated in satisfaction of the judgment 
     awards granted to the Western Shoshone Indians in Docket 
     Numbers 326-A-1 and 326-A-3 before the United States Court of 
     Claims, and the funds referred to under paragraphs (7) and 
     (8) of section 2, together with all earned interest, shall be 
     distributed as follows:
       (1)(A) Not later than 120 days after the date of enactment 
     of this Act, the Secretary shall establish in the Treasury of 
     the United States a trust fund to be known as the ``Western 
     Shoshone Educational Trust Fund'' for the benefit of the 
     Western Shoshone members. There shall be credited to the 
     Trust Fund the funds described in the matter preceding this 
     paragraph.
       (B) The principal in the Trust Fund shall not be expended 
     or disbursed. The Trust Fund shall be invested as provided 
     for in section 1 of the Act of June 24, 1938 (25 U.S.C. 
     162a).
       (C)(i) All accumulated and future interest and income from 
     the Trust Fund shall be distributed, subject to clause (ii)--
       (I) as educational grants and as other forms of educational 
     assistance determined appropriate by the Administrative 
     Committee established under paragraph (2) to individual 
     Western Shoshone members as required under this Act; and
       (II) to pay the reasonable and necessary expenses of such 
     Administrative Committee (as defined in the written rules and 
     procedures of such Committee).
       (ii) Funds shall not be distributed under this paragraph on 
     a per capita basis.
       (2)(A) An Administrative Committee to oversee the 
     distribution of the educational grants and assistance 
     authorized under paragraph (1)(C) shall be established as 
     provided for in this paragraph.
       (B) The Administrative Committee shall consist of 1 
     representative from each of the following organizations:
       (i) The Western Shoshone Te-Moak Tribe.
       (ii) The Duckwater Shoshone Tribe.
       (iii) The Yomba Shoshone Tribe.
       (iv) The Ely Shoshone Tribe.
       (v) The Western Shoshone Business Council of the Duck 
     Valley Reservation.
       (vi) The Fallon Band of Western Shoshone.
       (vii) The at large community.
       (C) Each member of the Committee shall serve for a term of 
     4 years. If a vacancy remains unfilled in the membership of 
     the Committee for a period in excess of 60 days, the 
     Committee shall appoint a replacement from among qualified 
     members of the organization for which the replacement is 
     being made and such member shall serve until the organization 
     to be represented designates a replacement.
       (D) The Secretary shall consult with the Committee on the 
     management and investment of the funds subject to 
     distribution under this section.
       (E) The Committee shall have the authority to disburse the 
     accumulated interest fund under this Act in accordance with 
     the terms of this Act. The Committee shall be responsible for 
     ensuring that the funds provided through grants and 
     assistance under paragraph (1)(C) are utilized in a manner 
     consistent with the terms of this Act. In accordance with 
     paragraph (1)(C)(i)(II), the Committee may use a portion of 
     the interest funds to pay all of the reasonable and necessary 
     expenses of the Committee, including per diem rates for 
     attendance at meetings that are the same as those paid to 
     Federal employees in the same geographic location.
       (F) The Committee shall develop written rules and 
     procedures that include such matters as operating procedures, 
     rules of conduct, eligibility criteria for receipt of 
     educational grants or assistance (such criteria to be 
     consistent with this Act), application selection procedures, 
     appeal procedures, fund disbursement procedures, and fund 
     recoupment procedures. Such rules and procedures shall be 
     subject to the approval of the Secretary. A portion of the 
     interest funds in the Trust Fund, not to exceed $100,000, may 
     be used by the Committee to pay the expenses associated with 
     developing such rules and procedures. At the discretion of 
     the Committee, and with the approval of the appropriate 
     tribal governing body, jurisdiction to hear appeals of the 
     Committee's decisions may be exercised by a tribal court, or 
     a court of Indian offenses operated under section 11 of title 
     25, Code of Federal Regulations.
       (G) The Committee shall employ an independent certified 
     public accountant to prepare an annual financial statement 
     that includes the operating expenses of the Committee and the 
     total amount of educational grants or assistance disbursed 
     for the fiscal year for which the statement is being prepared 
     under this section. The Committee shall compile a list of 
     names of all individuals approved to receive such grants or 
     assistance during such fiscal year. The financial statement 
     and the list shall be distributed to each organization 
     represented on the Committee and the Secretary and copies 
     shall be made available to the Western Shoshone members upon 
     request.

     SEC. 4. DEFINITIONS

       In this Act:
       (1) Administrative committee; committee.--The terms 
     ``Administrative Committee'' and ``Committee'' mean the 
     Administrative Committee established under section 3(2).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Trust fund.--The term ``Trust Fund'' means the Western 
     Shoshone Educational Trust Fund established under section 
     3(1).

[[Page S5758]]

       (4) Western shoshone members.--The term ``Western Shoshone 
     members'' means an individual who appears on the Western 
     Shoshone Judgment Roll established under section 2(1), or an 
     individual who is the lineal descendant of an individual 
     appearing on the roll, and who--
       (A) satisfies all eligibility criteria established by the 
     Administrative Committee under section 3(F);
       (B) fulfills all application requirements established by 
     the Committee; and
       (C) agrees to utilize funds distributed in accordance with 
     section 3(1)(C)(i)(I) in a manner approved by the Committee 
     for educational purposes.

     SEC. 5. REGULATIONS.

       The Secretary may promulgate such regulations as are 
     necessary to carry out this Act.
                                  ____


                                 S. 959

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Montana Rural Aviation 
     Improvement Act''.

     SEC. 2. MONTANA RURAL AVIATION IMPROVEMENT.

       (a) In General.--Section 40113 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(g) Application of Certain Regulations to Montana.--In 
     amending title 14, Code of Federal Regulations, in a manner 
     affecting intrastate aviation in Montana, the Administrator 
     of the Federal Aviation Administration shall consider the 
     impact of severe weather conditions on Montana's aviation 
     public and shall, on the basis of such considerations, 
     establish regulatory distinctions consistent with those 
     applied to the State of Alaska for mike-in-hand weather 
     observation.''.
       (b) Improved Availability of Information on Weather 
     Observations.--
       (1) Finding.--Congress finds that the on-site certified 
     weather observation programs at Service Level D sites in 
     Montana are part of the essential air services in Montana and 
     are frequently used by pilots of aircraft under emergency 
     circumstances.
       (2) Mike-in-hand weather observation.--
       (A) Requirement.--On-site weather observers at sites 
     referred to in paragraph (1) shall use a mike-in-hand weather 
     observation and reporting technique to correct and supplement 
     weather information derived from Automated Surface 
     Observation Sensors (ASOS) at the sites.
       (B) Mike-in-hand technique.--For the purposes of this 
     paragraph, a mike-in-hand weather observation and reporting 
     technique is a routine practice by which a weather observer 
     uses radio communication to report information on weather 
     observations directly to a pilot requesting the information, 
     thereby ensuring that the pilot has nearly real-time access 
     to the information.
       (C) Personnel to which applicable.--This paragraph applies 
     to--
       (i) on-site weather observers who are Federal Aviation 
     Administration employees, National Weather Service employees, 
     other Federal Government employees, or State employees; and
       (ii) persons providing on-site weather observation services 
     on a full-time or part-time basis under a contract for such 
     services entered into by an official of the Federal 
     Government, an official of the Government of Montana, or an 
     official of a political subdivision of Montana.
                                  ____


                                 S. 960

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Medicare Medical Nutrition 
     Therapy Amendment Act of 2001''.

     SEC. 2. COVERAGE OF MEDICAL NUTRITION THERAPY SERVICES FOR 
                   BENEFICIARIES WITH CARDIOVASCULAR DISEASES.

       (a) In General.--Section 1861(s)(2)(V) of the Social 
     Security Act (42 U.S.C. 1395x(s)(2)(V)), as added by 
     subsection (a) of section 105 of the Medicare, Medicaid, and 
     SCHIP Benefits Improvement and Protection Act of 2000 (114 
     Stat. 2763A-471), as enacted into law by section 1(a)(6) of 
     Public Law 106-554, is amended to read as follows:
       ``(V) medical nutrition therapy services (as defined in 
     subsection (vv)(1)) in the case of a beneficiary--
       ``(i) with a cardiovascular disease (including congestive 
     heart failure, arteriosclerosis, hyperlipidemia, 
     hypertension, and hypercholesterolemia), diabetes, or a renal 
     disease (or a combination of such conditions) who--
       ``(I) has not received diabetes outpatient self-management 
     training services within a time period determined by the 
     Secretary;
       ``(II) is not receiving maintenance dialysis for which 
     payment is made under section 1881; and
       ``(III) meets such other criteria determined by the 
     Secretary after consideration of protocols established by 
     dietitian or nutrition professional organizations; or
       ``(ii) with a combination of such conditions who--
       ``(I) is not described in clause (i) because of the 
     application of subclause (I) or (II) of such clause;
       ``(II) receives such medical nutrition therapy services in 
     a coordinated manner (as determined appropriate by the 
     Secretary) with any services described in such subclauses 
     that the beneficiary is receiving; and
       ``(III) meets such other criteria determined by the 
     Secretary after consideration of protocols established by 
     dietitian or nutrition professional organizations;''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the enactment of such 
     section 105.
                                  ____


                                 S. 962

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Government Neutrality in 
     Contracting Act''.

     SEC. 2. PURPOSES.

       It is the purpose of this Act to--
       (1) promote and ensure open competition on Federal and 
     federally funded or assisted construction projects;
       (2) maintain Federal Government neutrality towards the 
     labor relations of Federal Government contractors on Federal 
     and federally funded or assisted construction projects;
       (3) reduce construction costs to the Federal Government and 
     to the taxpayers;
       (4) expand job opportunities, especially for small and 
     disadvantaged businesses; and
       (5) prevent discrimination against Federal Government 
     contractors or their employees based upon labor affiliation 
     or the lack thereof, thereby promoting the economical, 
     nondiscriminatory, and efficient administration and 
     completion of Federal and federally funded or assisted 
     construction projects.

     SEC. 3. PRESERVATION OF OPEN COMPETITION AND FEDERAL 
                   GOVERNMENT NEUTRALITY.

       (a) Prohibition.--
       (1) General rule.--The head of each executive agency that 
     awards any construction contract after the date of enactment 
     of this Act, or that obligates funds pursuant to such a 
     contract, shall ensure that the agency, and any construction 
     manager acting on behalf of the Federal Government with 
     respect to such contract, in its bid specifications, project 
     agreements, or other controlling documents does not--
       (A) require or prohibit a bidder, offeror, contractor, or 
     subcontractor from entering into, or adhering to, agreements 
     with 1 or more labor organization, with respect to that 
     construction project or another related construction project; 
     or
       (B) otherwise discriminate against a bidder, offeror, 
     contractor, or subcontractor because such bidder, offeror, 
     contractor, or subcontractor--
       (i) became a signatory, or otherwise adhered to, an 
     agreement with 1 or more labor organization with respect to 
     that construction project or another related construction 
     project; or
       (ii) refused to become a signatory, or otherwise adhere to, 
     an agreement with 1 or more labor organization with respect 
     to that construction project or another related construction 
     project.
       (2) Application of prohibition.--The provisions of this 
     section shall not apply to contracts awarded prior to the 
     date of enactment of this Act, and subcontracts awarded 
     pursuant to such contracts regardless of the date of such 
     subcontracts.
       (3) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to prohibit a contractor or subcontractor from 
     voluntarily entering into an agreement described in such 
     paragraph.
       (b) Recipients of Grants and Other Assistance.--The head of 
     each executive agency that awards grants, provides financial 
     assistance, or enters into cooperative agreements for 
     construction projects after the date of enactment of this 
     Act, shall ensure that--
       (1) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     recipient of a grant or financial assistance, or by the 
     parties to a cooperative agreement, do not contain any of the 
     requirements or prohibitions described in subparagraph (A) or 
     (B) of subsection (a)(1); or
       (2) the bid specifications, project agreements, or other 
     controlling documents for such construction projects of a 
     construction manager acting on behalf of a recipient or party 
     described in paragraph (1), do not contain any of the 
     requirements or prohibitions described in subparagraph (A) or 
     (B) of subsection (a)(1)
       (c) Failure To Comply.--If an executive agency, a recipient 
     of a grant or financial assistance from an executive agency, 
     a party to a cooperative agreement with an executive agency, 
     or a construction manager acting on behalf of such an agency, 
     recipient or party, fails to comply with subsection (a) or 
     (b), the head of the executive agency awarding the contract, 
     grant, or assistance, or entering into the agreement, 
     involved shall take such action, consistent with law, as the 
     head of the agency determines to be appropriate.
       (d) Exemptions.--
       (1) Special circumstances.--
       (A) In general.--The head of an executive agency may exempt 
     a particular project, contract, subcontract, grant, or 
     cooperative agreement from the requirements of 1 or more of 
     the provisions of subsections (a) and

[[Page S5759]]

     (b) if the head of such agency determines that special 
     circumstances exist that require an exemption in order to 
     avert an imminent threat to public health or safety or to 
     serve the national security.
       (B) Definition.--For purposes of subparagraph (A), a 
     finding of ``special circumstances'' may not be based on the 
     possibility or existence of a labor dispute concerning 
     contractors or subcontractors that are nonsignatories to, or 
     that otherwise do not adhere to, agreements with 1 or more 
     labor organization, or labor disputes concerning employees on 
     the project who are not members of, or affiliated with, a 
     labor organization.
       (2) Additional exemption for certain projects.--The head of 
     an executive agency, upon the application of an awarding 
     authority, a recipient of grants or financial assistance, a 
     party to a cooperative agreement, or a construction manager 
     acting on behalf of any of such entities, may exempt a 
     particular project from the requirements of any or all of the 
     provisions of subsections (a) or (c), if the agency head 
     finds--
       (A) that the awarding authority, recipient of grants or 
     financial assistance, party to a cooperative agreement, or 
     construction manager acting on behalf of any of such entities 
     had issued or was a party to, as of the date of the enactment 
     of this Act, bid specifications, project agreements, 
     agreements with one or more labor organizations, or other 
     controlling documents, with respect to that particular 
     project, which contained any of the requirements or 
     prohibitions set forth in subsection (a)(1); and
       (B) that one or more construction contracts subject to such 
     requirements or prohibitions had been awarded as of the date 
     of the enactment of this Act.
       (e) Federal Acquisition Regulatory Council.--With respect 
     to Federal contracts to which this section applies, not later 
     than 60 days after the date of enactment of this Act, the 
     Federal Acquisition Regulatory Council shall take appropriate 
     action to amend the Federal Acquisition Regulation to 
     implement the provisions of this section.
       (f) Definitions.--In this section:
       (1) Construction contract.--The term ``construction 
     contract'' means any contract for the construction, 
     rehabilitation, alteration, conversion, extension, or repair 
     of buildings, highways, or other improvements to real 
     property.
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given such term in section 105 of title 5, United 
     States Code, except that such term shall not include the 
     General Accounting Office.
       (3) Labor organization.--The term ``labor organization'' 
     has the meaning given such term in section 701(d) of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).
                                  ____


                               S. Res. 94

       Whereas the House and Senate have passed measuresthat will 
     expedite the long-overdue memorial commemorating the 
     sacrifices of those who fought and died in World War II;
       Whereas with the completion of the World War II Memorial, 
     there will be memorials in the capital of our Nation for each 
     of the major conflicts of the last century;
       Whereas approximately 650 members of the Armed Services 
     have been killed in hostile action since the end of the 
     Vietnam War;
       Whereas the circumstances surrounding these deaths have 
     been characterized both by large scale conflicts and a number 
     of smaller incidents and actions which have received little 
     attention;
       Whereas the sacrifice of these men and women is held as 
     dearly by their fellow citizens as the sacrifice of those 
     claimed by earlier struggles; and
       Whereas the loss of these men and women stands in testament 
     to the risks undertaken by all members of the Armed Services 
     each day as they carry out their duty to support and defend 
     the Constitution: Now, therefore, be it
       Resolved, That it is the sense of the Senate--
       (1) to designate May 28, 2001, as a special day for 
     recognizing the sacrifice of the members of the Armed Forces 
     killed in hostile action since the end of the Vietnam War, 
     and the sacrifices of the families of the members;
       (2) to make the designation under paragraph (1) on May 28, 
     2001, in light of the traditional Memorial Day recognition of 
     the veterans of the United States who have given their lives 
     in defense of our Nation;
       (3) to recognize that we live in a time of international 
     unrest and that military service in such a time is inherently 
     dangerous and requires the willingness to face the most 
     extreme hazards at unexpected times and places; and
       (4) to acknowledge that the people of the United States owe 
     a debt of gratitude to all members of the Armed Services who 
     place themselves in harm's way each day, and to their 
     families.
                                  ____


                            S. Con. Res. 43

       Whereas the Government of the Republic of Korea over many 
     years has provided aid to the Korean automotive industry 
     enabling that industry to develop into the fourth largest 
     automotive industry in the world, after the United States, 
     Japan, and the European Union;
       Whereas the domestic automotive market of the Republic of 
     Korea was completely closed to all international automotive 
     manufacturers until 1990, and not completely open to all 
     automotive manufacturers until 1999;
       Whereas in response to complaints by the United States that 
     the Government of the Republic of Korea was practicing unfair 
     trade in the automotive sector, and that there was continuing 
     anti-import bias and increasing disparity in market access 
     for foreign motor vehicles, the Government of Korea signed 
     two Memorandums of Understanding (MOU) with the United States 
     in 1995 and 1998 in an effort to help increase foreign motor 
     vehicle access to the Korean automotive market;
       Whereas in the 1998 MOU, the Government of the Republic of 
     Korea pledged specifically to simplify its tax regime in a 
     manner that enhanced market access for foreign motor 
     vehicles, improve the perception of foreign motor vehicles in 
     Korea, simplify and streamline Korea's type-approval system 
     procedures for foreign motor vehicles and other standards 
     issues, and establish a mortgage system for motor vehicles;
       Whereas 3 years after signing the 1998 MOU, the Government 
     of the Republic of Korea has not substantially increased 
     market access for foreign motor vehicles and its motor 
     vehicle market still does not operate according to market 
     principles, as evidenced by the fact that the share of the 
     market held by foreign motor vehicles was lower in 2000 than 
     it was in 1998, and remains the lowest of any industrialized 
     nation;
       Whereas 3 years after signing the 1998 MOU, the Government 
     of the Republic of Korea has not made sufficient advances in 
     simplifying its tax regime for motor vehicles or improving 
     the perception of foreign motor vehicles in Korea;
       Whereas 3 years after signing the 1998 MOU, the Government 
     of the Republic of Korea has not taken the necessary steps to 
     implement the MOU fully and effectively, as evidenced by the 
     extraordinarily low foreign motor vehicle presence in Korea;
       Whereas Korea is a major exporter of motor vehicles and 
     automotive parts to the United States, reaching over a total 
     value of $5,910,000,000 last year, compared to a total value 
     of $480,000,000 in United States motor vehicles and 
     automotive parts exported to Korea last year, resulting in a 
     total automotive trade deficit of $5,300,000,000;
       Whereas the extremely low level of United States vehicle 
     sales in the Republic of Korea means that there is great 
     difficulty in selling United States made automotive 
     components, systems, and parts in Korea;
       Whereas 1,057,620 motor vehicles were sold in the Republic 
     of Korea in 2000, only 4,414 (or 0.42 percent) were imported 
     and only 1,268 of those vehicles (or 0.12 percent) were made 
     in the United States;
       Whereas one Korean auto maker maintains monopolistic 
     control of over 75 percent of Korea's domestic market; and
       Whereas some Korean organizations and institutions continue 
     to support anticompetitive activities that perpetuate 
     entrenched commercial interests at the expense of free trade, 
     Korean consumers, and the overall Korean economy: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That Congress--
       (1) believes strongly that an economically stable Republic 
     of Korea is in the best overall foreign policy and economic 
     interests of the United States;
       (2) notes that past practices, such as protection from 
     international competition, preferential access to credit, low 
     interest loans, and the policy of providing assistance to 
     chaebols in general, and the automotive sector specifically, 
     contributed to the 1997-1998 Asian financial crisis, 
     threatened the economic stability of the Republic of Korea 
     and undermined the relationship between the United States and 
     the Republic of Korea;
       (3) believes that economic policies and practices 
     effectively limiting United States manufacturers' access to 
     the Korean automotive sector are inconsistent with the 
     general trend toward a market-oriented approach, and that the 
     relationship between the United States and the Republic of 
     Korea has been, and will continue to be, significantly harmed 
     by unfair treatment of imports of United States motor 
     vehicles;
       (4) calls on the Republic of Korea to immediately end the 
     practices that have led to the disparity in market access, as 
     well as to take proactive steps to repair the damage done by 
     past policies and practices;
       (5) calls on the Republic of Korea to meet the letter and 
     spirit of the commitments contained in the 1998 Memorandum of 
     Understanding it signed with the United States; and
       (6) calls on the United States Trade Representative, the 
     Secretary of Commerce, and the Secretary of State to monitor 
     and report to Congress on the steps that have been taken to 
     end the disparity in market access for imported motor 
     vehicles in the Republic of Korea.
                                  ____


                    Amendment No. 767 (as modified)

       At the end of subtitle A of title VIII add the following:

     SEC. __. EXPANSION OF WORK OPPORTUNITY TAX CREDIT.

       (a) In General.--Section 51(d)(1) (relating to members of 
     targeted groups) is amended by striking ``or'' at the end of 
     subparagraph (G), by striking the period at the end of 
     subparagraph (H) and inserting ``, or'', and by adding at the 
     end the following:
       ``(I) a qualified low-income veteran.''
       (b) Qualified Low-Income Veteran.--Section 51(d) (relating 
     to members of targeted groups) is amended by redesignating 
     paragraphs (10) through (12) as paragraphs (11)

[[Page S5760]]

     through (13), respectively, and by inserting after paragraph 
     (9) the following:
       ``(10) Qualified low-income veteran.--
       ``(A) In general.--The term `qualified low-income veteran' 
     means any veteran whose gross income for the taxable year 
     preceding the taxable year including the hiring date, was 
     below the poverty line (as defined by the Office of 
     Management and Budget) for such preceding taxable year .
       ``(B) Veteran.--The term `veteran' has the meaning given 
     such term by paragraph (3)(B).
       ``(C) Special rules for determining amount of credit.--For 
     purposes of applying this subpart to wages paid or incurred 
     to any qualified low-income veteran--
       ``(i) subsection (a) shall be applied by substituting `50 
     percent of the qualified first-year wages and 25 percent of 
     the qualified second-year wages' for `40 percent of the 
     qualified first year wages', and
       ``(ii) in lieu of paragraphs (2) and (3) of subsection (b), 
     the following definitions and special rule shall apply:

       ``(I) Qualified first-year wages.--The term `qualified 
     first-year wages' means, with respect to any individual, 
     qualified wages attributable to service rendered during the 
     1-year period beginning with the day the individual begins 
     work for the employer.
       ``(II) Qualified second-year wages.--The term `qualified 
     second-year wages' means, with respect to any individual, 
     qualified wages attributable to service rendered during the 
     1-year period beginning on the day after the last day of the 
     1-year period with respect to such individual determined 
     under subclause (I).
       ``(III) Only first $20,000 of wages per year taken into 
     account.--The amount of the qualified first and second year 
     wages which may be taken into account with respect to any 
     individual shall not exceed $20,000 per year.''.

       (c) Permanence of Credit.--Section 51(c)(4) (relating to 
     termination) is amended by inserting ``(except for wages paid 
     to a qualified low-income veteran)'' after ``individual''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to individuals who begin work for the employer 
     after the date of the enactment of this Act.
       On page 9, strike the table between lines 11 and 12 and 
     insert:

------------------------------------------------------------------------
                                          The corresponding percentages
                                           shall be substituted for the
 In the case of taxable years beginning       following percentages:
         during calendar year:          --------------------------------
                                          28%    31%    36%      39.6%
------------------------------------------------------------------------
2002, 2003, and 2004...................    27%    30%    35%      38.60%
2005 and 2006..........................    26%    29%    34%      37.60%
2007 and thereafter....................    25%    28%    33%      36.05%
------------------------------------------------------------------------

                                                              
                                  ____
                           Amendment No. 790

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Veterans' 
     Survivor Benefits Improvements Act of 2001''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.................................
Sec. 2. References to title 38, United States Code.....................
Sec. 3. Eligibility for benefits under CHAMPVA for veterans' survivors 
  who are eligible for hospital insurance benefits under the medicare 
  program..............................................................
Sec. 4. Family coverage under Servicemembers' Group Life Insurance.....
Sec. 5. Retroactive applicability of increase in maximum SGLI benefit 
  for members dying in performance of duty on or after October 1, 2000.
Sec. 6. Expansion of outreach efforts to eligible dependents...........
Sec. 7. Technical amendments to the Montgomery GI Bill statute.........
Sec. 8. Miscellaneous technical amendments.............................

     SEC. 2. REFERENCES TO TITLE 38, UNITED STATES 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 title 38, United States Code.

     SEC. 3. ELIGIBILITY FOR BENEFITS UNDER CHAMPVA FOR VETERANS' 
                   SURVIVORS WHO ARE ELIGIBLE FOR HOSPITAL 
                   INSURANCE BENEFITS UNDER THE MEDICARE PROGRAM.

       Subsection (d) of section 1713 is amended to read as 
     follows:
       ``(d)(1)(A) An individual otherwise eligible for medical 
     care under this section who is also entitled to hospital 
     insurance benefits under part A of the medicare program is 
     eligible for medical care under this section only if the 
     individual is also enrolled in the supplementary medical 
     insurance program under part B of the medicare program.
       ``(B) The limitation in subparagraph (A) does not apply to 
     an individual who--
       ``(i) has attained 65 years of age as of the date of the 
     enactment of the Veterans' Survivor Benefits Improvements Act 
     of 2001; and
       ``(ii) is not enrolled in the supplementary medical 
     insurance program under part B of the medicare program as of 
     that date.
       ``(2) Subject to paragraph (3), if an individual described 
     in paragraph (1) receives medical care for which payment may 
     be made under both this section and the medicare program, the 
     amount payable for such medical care under this section shall 
     be the amount by which (A) the costs for such medical care 
     exceed (B) the sum of--
       ``(i) the amount payable for such medical care under the 
     medicare program; and
       ``(ii) the total amount paid or payable for such medical 
     care by third party payers other than the medicare program.
       ``(3) The amount payable under this subsection for medical 
     care may not exceed the total amount that would be paid under 
     subsection (b) if payment for such medical care were made 
     solely under subsection (b).
       ``(4) In this paragraph:
       ``(A) The term `medicare program' means the program of 
     health insurance administered by the Secretary of Health and 
     Human Services under title XVIII of the Social Security Act 
     (42 U.S.C. 1395 et seq.).
       ``(B) The term `third party' has the meaning given that 
     term in section 1729(i)(3) of this title.''.

     SEC. 4. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE.

       (a) Insurable Dependents.--(1) Section 1965 is amended by 
     adding at the end the following new paragraph:
       ``(10) The term `insurable dependent', with respect to a 
     member, means the following:
       ``(A) The member's spouse.
       ``(B) The member's child, as defined in the first sentence 
     of section 101(4)(A) of this title.''.
       (2) Section 101(4)(A) is amended in the matter preceding 
     clause (i) by inserting ``(other than with respect to a child 
     who is an insurable dependent under section 1965(10)(B) of 
     such chapter)'' after ``except for purposes of chapter 19 of 
     this title''.
       (b) Insurance Coverage.--(1) Subsection (a) of section 1967 
     is amended to read as follows:
       ``(a)(1) Subject to an election under paragraph (2), any 
     policy of insurance purchased by the Secretary under section 
     1966 of this title shall automatically insure the following 
     persons against death:
       ``(A) In the case of any member of a uniformed service on 
     active duty (other than active duty for training)--
       ``(i) the member; and
       ``(ii) each insurable dependent of the member.
       ``(B) Any member of a uniformed service on active duty for 
     training or inactive duty training scheduled in advance by 
     competent authority.
       ``(C) In the case of any member of the Ready Reserve of a 
     uniformed service who meets the qualifications set forth in 
     section 1965(5)(B) of this title--
       ``(i) the member; and
       ``(ii) each insurable dependent of the member.
       ``(2)(A) A member may elect in writing not to be insured 
     under this subchapter.
       ``(B) A member may elect in writing not to insure the 
     member's spouse under this subchapter.
       ``(3)(A) Subject to subparagraphs (B) and (C), the amount 
     for which a person is insured under this subchapter is as 
     follows:
       ``(i) In the case of a member, $250,000.
       ``(ii) In the case of a member's spouse, $100,000.
       ``(iii) In the case of a member's child, $10,000.
       ``(B) A member may elect in writing to be insured or to 
     insure the member's spouse in an amount less than the amount 
     provided for under subparagraph (A). The member may not elect 
     to insure the member's child in an amount less than $10,000. 
     The amount of insurance so elected shall, in the case of a 
     member or spouse, be evenly divisible by $10,000.
       ``(C) In no case may the amount of insurance coverage under 
     this subsection of a member's spouse exceed the amount of 
     insurance coverage of the member.
       ``(4)(A) An insurable dependent of a member is not insured 
     under this chapter unless the member is insured under this 
     subchapter.
       ``(B) An insurable dependent who is a child may not be 
     insured at any time by the insurance coverage under this 
     chapter of more than one member. If an insurable dependent 
     who is a child is otherwise eligible to be insured by the 
     coverage of more than one member under this chapter, the 
     child shall be insured by the coverage of the member whose 
     eligibility for insurance under this subchapter occurred 
     first, except that if that member does not have legal custody 
     of the child, the child shall be insured by the coverage of 
     the member who has legal custody of the child.
       ``(5) The insurance shall be effective with respect to a 
     member and the insurable dependents of the member on the 
     latest of the following dates:
       ``(A) The first day of active duty or active duty for 
     training.
       ``(B) The beginning of a period of inactive duty training 
     scheduled in advance by competent authority.
       ``(C) The first day a member of the Ready Reserve meets the 
     qualifications set forth in section 1965(5)(B) of this title.
       ``(D) The date certified by the Secretary to the Secretary 
     concerned as the date Servicemembers' Group Life Insurance 
     under this subchapter for the class or group concerned takes 
     effect.
       ``(E) In the case of an insurable dependent who is a 
     spouse, the date of marriage of the spouse to the member.
       ``(F) In the case of an insurable dependent who is a child, 
     the date of birth of such child or, if the child is not the 
     natural child of the

[[Page S5761]]

     member, the date on which the child acquires status as an 
     insurable dependent of the member.''.
       (2) Subsection (c) of such section is amended by striking 
     the first sentence and inserting the following: ``If a person 
     eligible for insurance under this subchapter is not so 
     insured, or is insured for less than the maximum amount 
     provided for the person under subparagraph (A) of subsection 
     (a)(3), by reason of an election made by a member under 
     subparagraph (B) of that subsection, the person may 
     thereafter be insured under this subchapter in the maximum 
     amount or any lesser amount elected as provided in such 
     subparagraph (B) upon written application by the member, 
     proof of good health of each person (other than a child) to 
     be so insured, and compliance with such other terms and 
     conditions as may be prescribed by the Secretary.''.
       (c) Termination of Coverage.--(1) Subsection (a) of section 
     1968 is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``and any insurance thereunder on any insurable dependent of 
     such a member,'' after ``any insurance thereunder on any 
     member of the uniformed services,''; and
       (B) by adding at the end the following new paragraph:
       ``(5) With respect to an insurable dependent of the member, 
     insurance under this subchapter shall cease--
       ``(A) 120 days after the date of an election made in 
     writing by the member to terminate the coverage; or
       ``(B) on the earliest of--
       ``(i) 120 days after the date of the member's death;
       ``(ii) 120 days after the date of termination of the 
     insurance on the member's life under this subchapter; or
       ``(iii) 120 days after the termination of the dependent's 
     status as an insurable dependent of the member.''.
       (2) Such subsection is further amended--
       (A) in the matter preceding paragraph (1), by striking ``, 
     and such insurance shall cease--'' and inserting ``and such 
     insurance shall cease as follows:'';
       (B) by striking ``with'' after the paragraph designation in 
     each of paragraphs (1), (2), (3), and (4) and inserting 
     ``With'';
       (C) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``thirty-one days--'' and inserting ``31 days, insurance 
     under this subchapter shall cease--'';
       (ii) in subparagraph (A)--
       (I) by striking ``one hundred and twenty days'' after 
     ``(A)'' and inserting ``120 days''; and
       (II) by striking ``prior to the expiration of one hundred 
     and twenty days'' and inserting ``before the end of 120 
     days''; and
       (iii) by striking the semicolon at the end of subparagraph 
     (B) and inserting a period;
       (D) in paragraph (2)--
       (i) by striking ``thirty-one days'' and inserting ``31 
     days,'';
       (ii) by striking ``one hundred and twenty days'' both 
     places it appears and inserting ``120 days''; and
       (iii) by striking the semicolon at the end and inserting a 
     period;
       (E) in paragraph (3)--
       (i) by inserting a comma after ``competent authority'';
       (ii) by striking ``one hundred and twenty days'' both 
     places it appears and inserting ``120 days''; and
       (iii) by striking ``; and'' at the end and inserting a 
     period; and
       (F) in paragraph (4), by inserting ``insurance under this 
     subchapter shall cease'' before ``120 days after '' the first 
     place it appears.
       (3) Subsection (b)(1)(A) of such section is amended by 
     inserting ``(to insure against death of the member only)'' 
     after ``converted to Veterans' Group Life Insurance''.
       (d) Premiums.--Section 1969 is amended by adding at the end 
     the following new subsections:
       ``(g)(1)(A) During any period in which a spouse of a member 
     is insured under this subchapter and the member is on active 
     duty, there shall be deducted each month from the member's 
     basic or other pay until separation or release from active 
     duty an amount determined by the Secretary as the premium 
     allocable to the pay period for providing that insurance 
     coverage. No premium may be charged for providing insurance 
     coverage for a child.
       ``(B) During any month in which a member is assigned to the 
     Ready Reserve of a uniformed service under conditions which 
     meet the qualifications set forth in section 1965(5)(B) of 
     this title and the spouse of the member is insured under a 
     policy of insurance purchased by the Secretary under section 
     1966 of this title, there shall be contributed from the 
     appropriation made for active duty pay of the uniformed 
     service concerned an amount determined by the Secretary 
     (which shall be the same for all such members) as the share 
     of the cost attributable to insuring the spouse of such 
     member under this policy, less any costs traceable to the 
     extra hazards of such duty in the uniformed services. Any 
     amounts so contributed on behalf of any individual shall be 
     collected by the Secretary concerned from such individual (by 
     deduction from pay or otherwise) and shall be credited to the 
     appropriation from which such contribution was made.
       ``(2)(A) The Secretary shall determine the premium amounts 
     to be charged for life insurance coverage for spouses of 
     members under this subchapter.
       ``(B) The premium amounts shall be determined on the basis 
     of sound actuarial principles and shall include an amount 
     necessary to cover the administrative costs to the insurer or 
     insurers providing such insurance.
       ``(C) Each premium rate for the first policy year shall be 
     continued for subsequent policy years, except that the rate 
     may be adjusted for any such subsequent policy year on the 
     basis of the experience under the policy, as determined by 
     the Secretary in advance of that policy year.
       ``(h) Any overpayment of a premium for insurance coverage 
     for an insurable dependent of a member that is terminated 
     under section 1968(a)(5) of this title shall be refunded to 
     the member.''.
       (e) Payments of Insurance Proceeds.--Section 1970 is 
     amended by adding at the end the following new subsection:
       ``(i) Any amount of insurance in force on an insurable 
     dependent of a member under this subchapter on the date of 
     the dependent's death shall be paid, upon the establishment 
     of a valid claim therefor, to the member or, in the event of 
     the member's death before payment to the member can be made, 
     then to the person or persons entitled to receive payment of 
     the proceeds of insurance on the member's life under this 
     subchapter.''.
       (f) Conversion of SGLI to Private Life Insurance.--Section 
     1968(b) is amended by adding at the end the following new 
     paragraph:
       ``(3)(A) In the case of a policy purchased under this 
     subchapter for an insurable dependent who is a spouse, upon 
     election of the spouse, the policy may be converted to an 
     individual policy of insurance under the same conditions as 
     described in section 1977(e) of this title (with respect to 
     conversion of a Veterans' Group Life Insurance policy to such 
     an individual policy) upon written application for conversion 
     made to the participating company selected by the spouse and 
     payment of the required premiums. Conversion of such policy 
     to Veterans' Group Life Insurance is prohibited.
       ``(B) In the case of a policy purchased under this 
     subchapter for an insurable dependent who is a child, such 
     policy may not be converted under this subsection.''.
       (g) Effective Date and Initial Implementation.--(1) The 
     amendments made by this section shall take effect on the 
     first day of the first month that begins more than 120 days 
     after the date of the enactment of this Act.
       (2) Each Secretary concerned, acting in consultation with 
     the Secretary of Veterans Affairs, shall take such action as 
     is necessary to ensure that during the period between the 
     date of the enactment of this Act and the effective date 
     determined under paragraph (1) each eligible member--
       (A) is furnished an explanation of the insurance benefits 
     available for dependents under the amendments made by this 
     section; and
       (B) is afforded an opportunity before such effective date 
     to make elections that are authorized under those amendments 
     to be made with respect to dependents.
       (3) For purposes of paragraph (2):
       (A) The term ``Secretary concerned'' has the meaning given 
     that term in section 101 of title 38, United States Code.
       (B) The term ``eligible member'' means a member of the 
     uniformed services described in subparagraph (A) or (C) of 
     section 1967(a)(1) of title 38, United States Code, as 
     amended by subsection (b)(1).

     SEC. 5. RETROACTIVE APPLICABILITY OF INCREASE IN MAXIMUM SGLI 
                   BENEFIT FOR MEMBERS DYING IN PERFORMANCE OF 
                   DUTY ON OR AFTER OCTOBER 1, 2000.

       (a) Applicability of Increase in Benefit.--Notwithstanding 
     subsection (c) of section 312 of the Veterans Benefits and 
     Health Care Improvement Act of 2000 (Public Law 106-419; 114 
     Stat. 1854), the amendments made by subsection (a) of that 
     section shall take effect on October 1, 2000, with respect to 
     any member of the uniformed services who died in the 
     performance of duty (as determined by the Secretary 
     concerned) during the period beginning on October 1, 2000, 
     and ending at the close of March 31, 2001, and who on the 
     date of death was insured under the Servicemembers' Group 
     Life Insurance program under subchapter III of chapter 19 of 
     title 38, United States Code, for the maximum coverage 
     available under that program.
       (b) Definitions.--In this section:
       (1) The term ``Secretary concerned'' has the meaning given 
     that term in section 101(25) of title 38, United States Code.
       (2) The term ``uniformed services'' has the meaning given 
     that term in section 1965(6) of title 38, United States Code.

     SEC. 6. EXPANSION OF OUTREACH EFFORTS TO ELIGIBLE DEPENDENTS.

       (a) Availability of Outreach Services for Children, 
     Spouses, Surviving Spouses, and Dependent Parents.--Paragraph 
     (2) of section 7721(b) is amended to read as follows:
       ``(2) the term `eligible dependent' means a spouse, 
     surviving spouse, child, or dependent parent of a person who 
     served in the active military, naval, or air service.''.
       (b) Improved Outreach Program.--(1) Subchapter II of 
     chapter 77 is amended by adding at the end the following new 
     section:

     ``Sec. 7727. Outreach for eligible dependents

       ``(a) In carrying out this subchapter, the Secretary shall 
     ensure that the needs of eligible dependents are fully 
     addressed.

[[Page S5762]]

       ``(b) The Secretary shall ensure that the availability of 
     outreach services and assistance for eligible dependents 
     under this subchapter is made known through a variety of 
     means, including the Internet, announcements in veterans 
     publications, and announcements to the media.''.
       (2) The table of sections at the beginning of that chapter 
     is amended by inserting after the item relating to section 
     7726 the following new item:

``7727. Outreach for eligible dependents.''.

     SEC. 7. TECHNICAL AMENDMENTS TO THE MONTGOMERY GI BILL 
                   STATUTE.

       (a) Clarification of Eligibility Requirement for 
     Benefits.--
       (1) In general.--Clause (i) of section 3011(a)(1)(A), as 
     amended by section 103(a)(1)(A) of the Veterans Benefits and 
     Health Care Improvement Act of 2000 (Public Law 106-419; 114 
     Stat. 1825), is amended by striking ``serves an obligated 
     period of active duty of'' and inserting ``(I) in the case of 
     an individual whose obligated period of active duty is three 
     years or more, serves at least three years of continuous 
     active duty in the Armed Forces, or (II) in the case of an 
     individual whose obligated period of active duty is less than 
     three years, serves''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if enacted on November 1, 2000, 
     immediately after the enactment of the Veterans Benefits and 
     Health Care Improvement Act of 2000 (Public Law 106-419).
       (b) Entitlement Charge for Off-Duty Training and 
     Education.--
       (1) In general.--Section 3014(b)(2) is amended--
       (A) in subparagraph (A), by striking ``(without regard to'' 
     and all that follows through ``this subsection''; and
       (B) by adding at the end the following new subparagraph:
       ``(C) The number of months of entitlement charged under 
     this chapter in the case of an individual who has been paid a 
     basic educational assistance allowance under this subsection 
     shall be equal to the number (including any fraction) 
     determined by dividing the total amount of such educational 
     assistance allowance paid the individual by the full-time 
     monthly institutional rate of educational assistance which 
     such individual would otherwise be paid under subsection 
     (a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of section 3015 of 
     this title, as the case may be.''.
       (2) Conforming amendments.--(A) Section 3015 is amended--
       (i) in subsections (a)(1) and (b)(1), by inserting 
     ``subsection (h)'' after ``from time to time under''; and
       (ii) by striking the subsection that was inserted as 
     subsection (g) by section 1602(b)(3)(C) of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-359) 
     and redesignated as subsection (h) by 105(b)(2) of the 
     Veterans Benefits and Health Care Improvement Act of 2000 
     (Public Law 106-419; 114 Stat. 1829).
       (B) Section 3032(b) is amended--
       (i) by striking ``the lesser of'' and inserting ``the least 
     of the following:'';
       (ii) by striking ``or'' after ``chapter,''; and
       (iii) by inserting before the period at the end the 
     following: ``, or (3) the amount of the charges of the 
     educational institution elected by the individual under 
     section 3014(b)(1) of this title''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect as if enacted on November 1, 2000, 
     immediately after the enactment of the Veterans Benefits and 
     Health Care Improvement Act of 2000 (Public Law 106-419).
       (c) Incremental Increases for Contributing Active Duty 
     Members.--
       (1) Active duty program.--Section 3011(e), as added by 
     section 105(a)(1) of the Veterans Benefits and Health Care 
     Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1828), 
     is amended--
       (A) in paragraph (2), by inserting ``, but not more 
     frequently than monthly'' before the period;
       (B) in paragraph (3), by striking ``$4'' and inserting 
     ``$20''; and
       (C) in paragraph (4)--
       (i) by striking ``Secretary. The'' and inserting 
     ``Secretary of the military department concerned. That''; and
       (ii) by striking ``by the Secretary''.
       (2) Selected reserve program.--Section 3012(f), as added by 
     section 105(a)(2) of such Act, is amended--
       (A) in paragraph (2), by inserting ``, but not more 
     frequently than monthly'' before the period;
       (B) in paragraph (3), by striking ``$4'' and inserting 
     ``$20''; and
       (C) in paragraph (4)--
       (i) by striking ``Secretary. The'' and inserting 
     ``Secretary of the military department concerned. That''; and
       (ii) by striking ``by the Secretary''.
       (3) Increased assistance amount.--Section 3015(g), as added 
     by section 105(b)(3) of such Act, is amended--
       (A) in the matter preceding paragraph (1), by inserting 
     ``effective as of the first day of the enrollment period 
     following receipt of such contributions from such individual 
     by the Secretary concerned,'' after ``by section 3011(e) or 
     3012(f) of this title,''; and
       (B) in paragraph (1)--
       (i) by striking ``$1'' and inserting ``$5'';
       (ii) by striking ``$4'' and inserting ``$20''; and
       (iii) by inserting ``of this title'' after ``section 
     3011(e) or 3012(f)''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the enactment of section 
     105 of the Veterans Benefits and Health Care Improvement Act 
     of 2000 (Public Law 106-419; 114 Stat. 1828).
       (d) Death Benefits.--
       (1) In general.--Paragraph (1) of section 3017(b) is 
     amended to read as follows:
       ``(1) the total of--
       ``(A) the amount reduced from the individual's basic pay 
     under section 3011(b), 3012(c), 3018(c), 3018A(b), 3018B(b), 
     3018C(b), or 3018C(e) of this title;
       ``(B) the amount reduced from the individual's retired pay 
     under section 3018C(e) of this title;
       ``(C) the amount collected from the individual by the 
     Secretary under section 3018B(b), 3018C(b), or 3018C(e) of 
     this title; and
       ``(D) the amount of any contributions made by the 
     individual under section 3011(c) or 3012(f) of this title, 
     less''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as of May 1, 2001.
       (e) Clarification of Contributions Required by VEAP 
     Participants Who Enroll in Basic Educational Assistance.--
       (1) Clarification.--Section 3018C(b), as amended by section 
     104(b) of the Veterans Benefits and Health Care Improvement 
     Act of 2000 (Public Law 106-419; 114 Stat. 1828), is amended 
     by striking ``or (e)''.
       (2) Treatment of certain contributions.--Any amount 
     collected under section 3018C(b) of title 38, United States 
     Code (whether by reduction in basic pay under paragraph (1) 
     of that section, collection under paragraph (2) of that 
     section, or both), with respect to an individual who enrolled 
     in basic educational assistance under section 3018C(e) of 
     that title, during the period beginning on November 1, 2000, 
     and ending on the date of the enactment of this Act, shall be 
     treated as an amount collected with respect to the individual 
     under section 3018C(e)(3)(A) of that title (whether as a 
     reduction in basic pay under clause (i) of that section, a 
     collection under clause (ii) of that section, or both) for 
     basic educational assistance under section 3018C of that 
     title.
       (f) Clarification of Time Period for Election of Beginning 
     of Chapter 35 Eligibility for Dependents.--
       (1) In general.--(A) Section 3512(a)(3)(B), as amended by 
     section 112 of the Veterans Benefits and Health Care 
     Improvement Act of 2000 (Public Law 106-419; 114 Stat. 1831), 
     is amended to read as follows:
       ``(B) the eligible person elects that beginning date by not 
     later than the end of the 60-day period beginning on the date 
     on which the Secretary provides written notice to that person 
     of that person's opportunity to make such election, such 
     notice including a statement of the deadline for the election 
     imposed under this subparagraph; and''.
       (B) Section 3512(a)(3)(C), as so amended, is amended by 
     striking ``between the dates described in'' and inserting 
     ``the date determined pursuant to''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect as if enacted on November 1, 2000, 
     immediately after the enactment of the Veterans Benefits and 
     Health Care Improvement Act of 2000.

     SEC. 8. MISCELLANEOUS TECHNICAL AMENDMENTS.

       (a) Title 38, United States Code.--Title 38, United States 
     Code, is amended as follows:
       (1) Effective as of November 1, 2000, section 107 is 
     amended--
       (A) in the second sentence of subsection (a), by inserting 
     ``or (d)'' after ``subsection (c)'';
       (B) by redesignating the second subsection (c) (added by 
     section 332(a)(2) of the Veterans Benefits and Health Care 
     Improvement Act of 2000 (Public Law 106-419)) as subsection 
     (d); and
       (C) in subsection (d), as so redesignated, by striking 
     ``In'' in paragraph (1) and inserting ``With respect to 
     benefits under chapter 23 of this title, in''.
       (2) Section 1710B(c)(2)(B) is amended by striking ``on the 
     date of the enactment of the Veterans Millennium Health Care 
     and Benefits Act'' and inserting ``November 30, 1999''.
       (3) Section 2301(f) is amended--
       (A) in the matter in paragraph (1) preceding subparagraph 
     (A), by striking ``(as'' and all that follows through ``in 
     section'' and inserting ``(as described in section''; and
       (B) in paragraph (2), by striking ``subparagraphs'' and 
     inserting ``subparagraph''.
       (4) Section 3452 is amended--
       (A) in subsection (a)(1)--
       (i) by striking ``or'' at the end of subparagraph (A); and
       (ii) by striking ``clause (B) of this paragraph'' in 
     subparagraph (C) and inserting ``subparagraph (B)'';
       (B) in subsection (a)(2)--
       (i) by striking ``paragraph (1)(A) or (B)'' and inserting 
     ``subparagraph (A) or (B) of paragraph (1)''; and
       (ii) by striking ``one hundred and eighty days'' and 
     inserting ``180 days'';
       (C) in subsection (a)(3), by striking ``section 511(d) of 
     title 10'' and inserting ``section 12103(d) of title 10''; 
     and
       (D) in subsection (e), by striking ``chapter 4C of title 
     29,'' and inserting ``the Act of August 16, 1937, popularly 
     known as the `National Apprenticeship Act' (29 U.S.C. 50 et 
     seq.),''.
       (5) Section 3462(a) is amended by striking paragraph (3).
       (6) Section 3512 is amended--

[[Page S5763]]

       (A) in subsection (a)(5), by striking ``clause (4) of this 
     subsection'' and inserting ``paragraph (4)''; and
       (B) in subsection (b)(2), by striking ``willfull'' and 
     inserting ``willful''.
       (7) Section 3674 is amended--
       (A) in subsection (a)(2)--
       (i) in subparagraph (A)--

       (I) by striking ``, effective at the beginning of fiscal 
     year 1988,''; and
       (II) by striking ``section 3674A(a)(4)'' and inserting 
     ``section 3674A(a)(3)'';

       (ii) in subparagraph (B), by striking ``paragraph (3)(A)'' 
     and inserting ``paragraph (3)''; and
       (iii) in subparagraph (C), by striking ``section 
     3674A(a)(4)'' and inserting ``section 3674A(a)(3)''; and
       (B) in subsection (c)--
       (i) by striking ``on September 30, 1978, and''; and
       (ii) by striking ``thereafter,''.
       (8) Section 3674A(a)(2) is amended by striking ``clause 
     (1)'' and inserting ``paragraph (1)''.
       (9) Section 3734(a) is amended--
       (A) by striking ``United States Code,'' in the matter 
     preceding paragraph (1); and
       (B) by striking ``appropriations in'' in paragraph (2) and 
     inserting ``appropriations for''.
       (10) Section 4104 is amended--
       (A) in subsection (a)(1)--
       (i) by striking ``Beginning with fiscal year 1988,'' and 
     inserting ``For any fiscal year,'';
       (ii) by striking ``clause'' in subparagraph (B) and 
     inserting ``subparagraph''; and
       (iii) by striking ``clauses'' in subparagraph (C) and 
     inserting ``subparagraphs'';
       (B) in subsection (a)(4), by striking ``on or after July 1, 
     1988''; and
       (C) in subsection (b)--
       (i) by striking ``shall--'' in the matter preceding 
     paragraph (1) and inserting ``shall perform the following 
     functions:''
       (ii) by capitalizing the initial letter of the first word 
     of each of paragraphs (1) through (12);
       (iii) by striking the semicolon at the end of each of 
     paragraphs (1) through (10) and inserting a period; and
       (iv) by striking ``; and'' at the end of paragraph (11) and 
     inserting a period.
       (11) Section 4303(13) is amended by striking the second 
     period at the end.
       (12) Section 5103(b)(1) is amended by striking ``1 year'' 
     and inserting ``one year''.
       (13) Section 5701(g) is amended by striking ``clause'' in 
     paragraphs (2)(B) and (3) and inserting ``subparagraph''.
       (14)(A) Section 7367 is repealed.
       (B) The table of sections at the beginning of chapter 73 is 
     amended by striking the item relating to section 7367.
       (15) Section 8125(d) is amended--
       (A) in paragraph (1), by striking ``(beginning in 1992)'';
       (B) in paragraph (2), by striking ``(beginning in 1993)''; 
     and
       (C) by striking paragraph (3).
       (16) The following provisions are each amended by striking 
     ``hereafter'' and inserting ``hereinafter'': sections 
     545(a)(1), 1710B(e)(1), 3485(a)(1), 3537(a), 3722(a), 
     3763(a), 5121(a), 7101(a), 7105(b)(1), 7671, 7672(e)(1)(B), 
     7681(a)(1), 7801, and 8520(a).
       (b) Public Law 106-419.--Effective as of November 1, 2000, 
     and as if included therein as originally enacted, the 
     Veterans Benefits and Health Care Improvement Act of 2000 
     (Public Law 106-419) is amended as follows:
       (1) Section 111(f)(3) (114 Stat. 1831) is amended by 
     striking ``3654'' and inserting ``3564''.
       (2) Section 323(a)(1) (114 Stat. 1855) is amended by 
     inserting a comma in the second quoted matter therein after 
     ``duty''.
       (3) Section 401(e)(1) (114 Stat. 1860) is amended by 
     striking ``this'' both places it appears in quoted matter and 
     inserting ``This''.
       (4) Section 402(b) (114 Stat. 1861) is amended by striking 
     the close quotation marks and period at the end of the table 
     in paragraph (2) of the matter inserted by the amendment made 
     that section.
       (c) Public Law 102-590.--Section 3(a)(1) of the Homeless 
     Veterans Comprehensive Service Programs Act of 1992 (38 
     U.S.C. 7721 note) is amended by striking ``, during,''.
       Amend the title so as to read ``An Act to amend title 38, 
     United States Code, to expand eligibility for CHAMPVA, to 
     provide for family coverage and retroactive expansion of the 
     increase in maximum benefits under Servicemembers' Group Life 
     Insurance, to make technical amendments, and for other 
     purposes.''.

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