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Education costs of veterans’ survivors and dependents
(a) Deduction allowed
In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amount paid by the taxpayer during the taxable year (for education furnished to the eligible person during any academic period beginning in such taxable year) for qualified education expenses. (b) Eligible person
For purposes of subsection (a), the term eligible person has the meaning given such term by section 3501(a)(1) of title 38, United States Code.
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(c) Qualified education expenses
For purposes of subsection (a)— (1) In general
The term qualified education expenses means expenses for educational assistance to which the eligible person would be entitled for a month under chapter 35 of title 38, United States Code, but for the maximum amount of educational assistance allowance payable for such month under section 3532 of such chapter. (2) Coordination with other education-related benefits
The amount of qualified education expenses for any taxable year shall be reduced by the sum of— (A) the amount excluded from gross income under section 127, 135, 529,
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or 530 by reason of such expenses, and (B) the amount of any scholarship, allowance, or payment described in section 25A(g)(2). (b) Deduction allowed whether or not individual itemizes other deductions
Subsection (a) of section 62 of such Code is amended by inserting after paragraph (19) the following new paragraph: (20) Education costs of veterans’ survivors and dependents
The deduction allowed by section 224.
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(c) Clerical amendment
The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Education costs of veterans’ survivors and dependents Sec. 225. Cross reference. (d) Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2000, for amounts paid or incurred for education furnished after September 11, 2001. 224.
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Education costs of veterans’ survivors and dependents
(a) Deduction allowed
In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amount paid by the taxpayer during the taxable year (for education furnished to the eligible person during any academic period beginning in such taxable year) for qualified education expenses. (b) Eligible person
For purposes of subsection (a), the term eligible person has the meaning given such term by section 3501(a)(1) of title 38, United States Code.
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(c) Qualified education expenses
For purposes of subsection (a)— (1) In general
The term qualified education expenses means expenses for educational assistance to which the eligible person would be entitled for a month under chapter 35 of title 38, United States Code, but for the maximum amount of educational assistance allowance payable for such month under section 3532 of such chapter.
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(2) Coordination with other education-related benefits
The amount of qualified education expenses for any taxable year shall be reduced by the sum of— (A) the amount excluded from gross income under section 127, 135, 529, or 530 by reason of such expenses, and (B) the amount of any scholarship, allowance, or payment described in section 25A(g)(2).
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1. Permanent resident status for Maria Cristina Degrassi
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Maria Cristina Degrassi shall be eligible for issuance of immigrant visas or for adjustment of status to that of aliens lawfully admitted for permanent residence upon filing an application for issuance of immigrant visas under section 204 of such Act or for adjustment of status to lawful permanent resident.
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(b) Adjustment of status
If Maria Cristina Degrassi enters the United States before the filing deadline specified in subsection (c), the alien 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.
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(c) Deadline for application and payment of fees
Subsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within 2 years after the date of enactment of this Act.
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(d) Reduction of immigrant visa numbers
Upon the granting of immigrant visas or permanent residence to Maria Cristina Degrassi, the Secretary of State shall instruct the proper officer to reduce by the appropriate number, 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 aliens’ 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 aliens’ birth under section 202(e) of such Act.
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1. Short title; table of contents
(a) Short title
This Act may be cited as the Rail Transit Security and Safety Act of 2004. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Rail transportation security risk assessment Sec. 3. Federal Rail Security Managers Sec. 4. Study of foreign rail transport security programs Sec. 5. Fire and life-safety improvements Sec. 6. Security assistance grants Sec. 7.
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Rail security research and development Sec. 8. Whistleblower protections for rail employees Sec. 9. Authorization of appropriations 2. Rail transportation security risk assessment
(a) In General
(1) Vulnerability assessment
The Under Secretary for Border and Transportation Security of the Department of Homeland Security, in consultation with the Secretary of Transportation, shall complete a vulnerability assessment of freight and passenger rail transportation (encompassing railroad carriers, as that term is defined in section 20102(2) of title 49, United States Code).
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The assessment shall include— (A) identification and evaluation of critical assets and infrastructures; (B) identification of threats to those assets and infrastructures; (C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; and (D) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment.
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(2) Existing private and public sector efforts
The assessment shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions. (3) Recommendations
Based on the assessment conducted under paragraph (1), the Under Secretary, in consultation with the Secretary of Transportation, shall develop prioritized recommendations for improving rail security, including any recommendations the Under Secretary has for— (A) improving the security of rail tunnels, rail bridges, rail switching areas, other rail infrastructure and facilities, information systems,
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and other areas identified by the Under Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) deploying weapon detection equipment; (C) training employees in terrorism prevention, passenger evacuation, and response activities; (D) conducting public outreach campaigns on passenger railroads; (E) deploying surveillance equipment; and (F) identifying the immediate and long-term economic impact of measures that may be required to address those risks.
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(4) Plans
The report required by subsection (c) shall include— (A) a plan, developed in consultation with the freight and intercity passenger railroads, and State and local governments, for the Federal Government to provide increased security support at high or severe threat levels of alert; and (B) a plan for coordinating rail security initiatives undertaken by the public and private sectors.
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(b) Consultation
In carrying out the assessment required by subsection (a), the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials, public safety officials (including those within other agencies and offices within the Department of Homeland Security) and other relevant parties.
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(c) Report
(1) Contents
Within 90 days after the date of enactment of this Act, the Under Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations. (2) Format
The Under Secretary may submit the report in both classified and redacted formats if the Under Secretary determines that such action is appropriate or necessary.
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(d) Allocations
The assessment required by subsection (a) shall be used as the basis for allocating grant funds under section 6, unless the Secretary of Homeland Security determines that an adjustment is necessary to respond to an urgent threat or other significant factors. (e) 2-Year updates
The Under Secretary, in consultation with the Secretary of Transportation, shall update the assessment and recommendations every 2 years and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection (c)(1), containing the updated assessment and recommendations.
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(f) Authorization of appropriations
There are authorized to be appropriated to the Under Secretary for Border and Transportation Security of the Department of Homeland Security $5,000,000 for fiscal year 2005 for the purpose of carrying out this section. 3. Federal Rail Security Managers
(a) Establishment, designation, and stationing
The Under Secretary for Border and Transportation Security of the Department of Homeland Security shall establish the position of Federal Rail Security Manager within each of at least 8 regional areas, as divided on a geographical basis. The Under Secretary shall designate individuals as Managers for, and station those Managers within, those regions.
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(b) Duties and powers
The Manager within each region shall— (1) receive intelligence information related to rail and mass transit security; (2) ensure, and assist in, the implementation of a comprehensive rail security plan for the region described in section 2(a)(4); (3) serve as the regional coordinator of the Under Secretary’s response to terrorist incidents and threats to rail and rail assets within the region; (4) coordinate efforts related to rail security with State and local law enforcement; and (5) coordinate with other Managers. 4.
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Study of foreign rail transport security programs
(a) Requirement for study
Within one year after the date of enactment of this Act, the Comptroller General shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose
The purpose of this study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective.
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(c) Report
The Comptroller General shall submit a report on the results of this study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. The report shall include the Comptroller General’s assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. (d) Authorization of appropriations
There are authorized to be appropriated $1,000,000 for fiscal year 2005 to carry out the provisions of this section, which shall remain available until expended. 5.
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Fire and life-safety improvements
(a) Life-safety needs
The Secretary of Transportation is authorized to make grants to Amtrak for the purpose of making fire and life-safety improvements to tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, Washington, District of Columbia, and Boston, Massachusetts. (b) Authorization of appropriations
There are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts: (1) For the 6 New York tunnels to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems,
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and emergency access and egress for passengers— (A) $100,000,000 for fiscal year 2005; (B) $100,000,000 for fiscal year 2006; (C) $100,000,000 for fiscal year 2007; (D) $100,000,000 for fiscal year 2008; and (E) $100,000,000 for fiscal year 2009.
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(2) For the Baltimore & Potomac Tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades— (A) $10,000,000 for fiscal year 2005; (B) $10,000,000 for fiscal year 2006; (C) $10,000,000 for fiscal year 2007; (D) $10,000,000 for fiscal year 2008; and (E) $17,000,000 for fiscal year 2009.
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(3) For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009.
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(4) For the Boston, Massachusetts, Back Bay tunnels to improve ventilation, communication, lighting, and passenger egress upgrades— (A) $8,000,000 for fiscal year 2005; (B) $8,000,000 for fiscal year 2006; (C) $8,000,000 for fiscal year 2007; (D) $8,000,000 for fiscal year 2008; and (E) $8,000,000 for fiscal year 2009.
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(c) Infrastructure upgrades
There are authorized to be appropriated to the Secretary of Transportation for fiscal year 2005 $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels. (d) Availability of appropriated funds
Amounts appropriated pursuant to this section shall remain available until expended. (e) Plan required
The Secretary may not make amounts available to Amtrak for obligation or expenditure under subsection (a)— (1) until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects;
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and (2) unless, for each project funded pursuant to this section, the Secretary has approved a project management plan prepared by Amtrak addressing project budget, construction schedule, recipient staff organization, document control and record keeping, change order procedure, quality control and assurance, periodic status reports, and such other matter the Secretary deems appropriate; (f) Financial contribution from other tunnel users
The Secretary shall, taking into account the need for timely completion of all life-safety portions of the tunnel projects described in subsection (a)— (1) consider the extent to which rail carriers other than Amtrak use the tunnels;
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(2) consider the feasibility of seeking a financial contribution from those other rail carriers toward the costs of the projects; and (3) seek financial contributions or commitments from such other rail carriers at levels reflecting the extent of their use of the tunnels. 6. Security assistance grants
(a) Capital assistance program
(1) In general
The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable capital security improvements based on the recommendations established under section 2(a)(3).
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(2) Allowable use of funds
Grants awarded under paragraph (1) may be used for— (A) tunnel protection systems; (B) perimeter protection systems; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems; (E) surveillance equipment; (F) communications equipment; (G) emergency response equipment; (H) fire suppression and decontamination equipment; (I) global positioning or automated vehicle locator type system equipment; (J) evacuation improvements; and (K) other capital safety improvements.
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(b) Operational security assistance program
(1) In general
The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable operational security improvements based on the recommendations established under section 2(a)(3).
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(2) Allowable use of funds
Grants awarded under paragraph (1) may be used for— (A) security training for transit employees, including rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel; (B) live or simulated drills; (C) public awareness campaigns for enhanced public transit security; (D) canine patrols for chemical, biological, or explosives detection; (E) overtime reimbursement for enhanced security personnel during significant national and international public events; and (F) other appropriate security improvements.
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(c) Congressional notification
Not later than 3 days before any grant is awarded under this section, the Secretary of Homeland Security shall notify the Committee on Transportation and Infrastructure of the House of Representatives of the intent to award such grant. (d) Procedures for grant award
The Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The procedures shall include the execution of a grant agreement between the grant recipient and the Secretary.
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The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act.
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(e) Transit agency responsibilities
Each public transportation agency that receives a grant under this section shall— (1) identify a security coordinator to coordinate security improvements; (2) develop a comprehensive plan that demonstrates the agency’s capacity for operating and maintaining the equipment purchased under this subsection; (3) develop a comprehensive training plan that demonstrates the agency’s capacity to train all employees in emergency response and security awareness; and (4) report annually to the Department of Homeland Security on the use of grant funds received under this section.
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(f) Return of misspent grant funds
If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. 7. Rail security research and development
(a) Establishment of research and development program
The Under Secretary for Border and Transportation Security of the Department of Homeland Security, in conjunction with the Secretary of Transportation, shall carry out a research and development program for the purpose of improving freight and intercity passenger rail security,
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including research and development projects to— (1) reduce the vulnerability of passenger trains, stations, infrastructure, and equipment to explosives; (2) test new emergency response techniques and technologies; (3) research chemical, biological, radiological, or explosive detection systems; (4) research imaging technologies; (5) research technologies for sealing rail cars; and (6) support enhanced security for transportation of hazardous materials by rail, including— (A) technologies to detect a breach in a tank car and transit information about the integrity of tank cars to the train crew; (B) research to improve tank car integrity,
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with a focus on tank cars that carry toxic-inhalation chemicals; and (C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety. (b) Research and development grants
The Under Secretary, in consultation with the Federal Transit Administration, shall award grants to public or private entities to conduct research into, and demonstration of, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems, as described in subsection (a). 8.
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Whistleblower protections for rail employees
(a) In general
No company involved in rail transportation (encompassing railroad carriers, as that term is defined in section 20102(2) of title 49, United States Code) or any officer, employee, contractor, subcontractor, or agent of such company, may discharge, demote, suspend, threaten, harass, hold liable, or discriminate in any way against an employee because of any lawful act done by the employee— (1) to provide information, to cause information to be provided,
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or otherwise assist in any investigation or proceeding regarding conduct that the employee believes reasonably contravenes the purposes, functions, or responsibilities of this Act, when that information or assistance is provided to or the investigation is conducted by— (A) a Federal or State regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct); or (2) to refuse to violate or assist in the violation of any rule, law,
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or regulation related to rail security. (b) Enforcement action
(1) In general
A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c) by— (A) filing a complaint with the Secretary of Labor; or (B) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States,
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which shall have jurisdiction over such action without regard to the amount in controversy. (2) Procedure
(A) In general
An action brought under paragraph (1)(A) shall be governed by the rules and procedures set forth in section 42121(b)(1) of title 49, United States Code. (B) Exception
Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer.
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(C) Burdens of proof
An action under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code. (D) Statute of limitations
An action brought under paragraph (1) shall be commenced not later than 90 days after the date on which the violation occurs. (c) Remedies
(1) In general
An employee prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the employee whole.
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(2) Compensatory damages
Relief for any action under paragraph (1) shall include— (A) reinstatement with the same seniority status that the employee would have had, but for the discrimination; (B) the amount of back pay, with interest; and (C) the compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney’s fees.
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(d) Rights retained by employee
Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. 9. Authorization of appropriations
(a) Capital security assistance program
There are authorized to be appropriated $2,500,000,000 for fiscal year 2005 to carry out the provisions of section 6(a), which shall remain available until expended.
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(b) Operational security assistance program
There are authorized to be appropriated to carry out the provisions of section 6(b)— (1) $100,000,000 for fiscal year 2005; (2) $750,000,000 for fiscal year 2006; and (3) $500,000,000 for fiscal year 2007.
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(c) Rail security research and development
There are authorized to be appropriated $50,000,000 for fiscal year 2005 to carry out the provisions of section 7(a), and $50,000,000 for fiscal year 2005 to carry out the provisions of section 7(b), which shall remain available until expended.
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1. Credit for employment of H-2A workers
(a) In general
Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45G.
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Credit for employment of H–2A workers
(a) General rule
For purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year. (b) H–2A Worker Amount
For purposes of this section, the term H–2A worker amount means,
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with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee,
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over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed.
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(c) H–2A Worker
For purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act.. (b) Denial of double benefit
Subsection (a) of section 280C of such Code is amended by inserting 45G(a), after 45A(a),.
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(c) Credit treated as business credit
Subsection (b) of section 38 of such Code is amended by striking plus at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , plus , and by adding at the end the following: (16) the H–2A worker credit determined under section 45G(a).. (d) Clerical amendment
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: Sec. 45G.
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Credit for employment of H–2A workers. (e) Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2003. 45G. Credit for employment of H–2A workers
(a) General rule
For purposes of section 38, the H–2A worker credit for any taxable year shall be an amount equal to 10 percent of the aggregate H–2A worker amounts with respect to H–2A workers employed by the taxpayer during such taxable year. (b) H–2A Worker Amount
For purposes of this section,
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the term H–2A worker amount means, with respect to any employee of the taxpayer— (1) the aggregate number of hours of agricultural labor and services (within the meaning of section 101(a)(15)(H) of the Immigration and Nationality Act) for which such employee was compensated by the taxpayer during the taxable year, multiplied by (2) the excess (if any) of— (A) the hourly wage rate required to comply with the requirement of section 218(a)(1)(B) of the Immigration and Nationality Act with respect to such employee,
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over (B) the greater of— (i) the hourly Federal minimum wage rate (applicable under section 6 of the Fair Labor Standards Act of 1938), and (ii) the applicable hourly minimum wage rate specified under State law for the State in which the H–2A worker is employed. (c) H–2A Worker
For purposes of this section, the term H–2A worker has the meaning given such term in section 218(i)(2) of the Immigration and Nationality Act.
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1. Short title
This Act may be cited as the Liquefied Natural Gas Import Terminal Development Act of 2004. 2. Terms and conditions for liquefied natural gas import terminals
(a) Exportation or importation of natural gas
Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended to read as follows: 3.
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Exportation or importation of natural gas
(a) Authorization order
No person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest.
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The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. (b) Free trade agreements and liquefied natural gas
With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas,
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and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis.
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(c) Application and approval process
For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay.
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(d) Authorization for liquefied natural gas import terminals
(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest.
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The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate.
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(2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service.
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(3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal.
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(4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation.
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(5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. (e) Schedule and administrative record
(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete.
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(2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation.
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The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings.
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If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition.
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(3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2).
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(4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3).
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(f) Judicial review
(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph.
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(2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. (g) Lead agency
With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C.
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4321 et seq. ).. (b) Definition
Section 2 of the Natural Gas Act ( 15 U.S.C. 717a ) is amended by adding at the end the following new paragraph: (11) Liquefied natural gas import terminal includes all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas that is imported to the United States from a foreign country, but does not include the tankers used to deliver liquefied natural gas to such facilities.. 3.
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Exportation or importation of natural gas
(a) Authorization order
No person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Secretary of Energy authorizing such person to do so. The Secretary shall issue such order upon application, unless, after opportunity for hearing, the Secretary finds that the proposed exportation or importation will not be consistent with the public interest.
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The Secretary may by order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, make such supplemental order as the Secretary may find necessary or appropriate. (b) Free trade agreements and liquefied natural gas
With respect to natural gas which is imported into the United States from a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas,
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and with respect to liquefied natural gas— (1) the importation of such natural gas shall be treated as a ‘first sale’ within the meaning of section 2(21) of the Natural Gas Policy Act of 1978; and (2) the Secretary of Energy shall not, on the basis of national origin, treat any such imported natural gas on an unjust, unreasonable, unduly discriminatory, or preferential basis.
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(c) Application and approval process
For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or the exportation of natural gas to a nation with which there is in effect a free trade agreement requiring national treatment for trade in natural gas, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay.
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(d) Authorization for liquefied natural gas import terminals
(1) No person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured an order of the Federal Energy Regulatory Commission authorizing such person to do so. The Federal Energy Regulatory Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed siting, construction, expansion, or operation will not be consistent with the public interest.
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The Federal Energy Regulatory Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Federal Energy Regulatory Commission may find necessary or appropriate.
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(2) An order issued pursuant to paragraph (1) shall not be conditioned on— (A) a requirement that the liquefied natural gas import terminal offer service to persons other than the person securing the order; (B) any regulation of the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service; or (C) a requirement to file with the Federal Energy Regulatory Commission schedules or contracts related to the liquefied natural gas import terminal’s rates, charges, terms, or conditions of service.
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(3) Except as otherwise provided by Federal law, no State or local government may require a permit, license, concurrence, approval, certificate, or other form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal.
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(4) Any decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal must be consistent with any authorization provided by the Federal Energy Regulatory Commission pursuant to this subsection with respect to the liquefied natural gas import terminal, and shall not prohibit or unreasonably delay the siting, construction, expansion, or operation.
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(5) Nothing in this subsection shall be construed to repeal or modify the authority under this section to authorize a person to import or export natural gas or to authorize facilities for the import or export of natural gas other than liquefied natural gas import terminals. (e) Schedule and administrative record
(1) The Federal Energy Regulatory Commission shall approve or deny any application to site, construct, expand, or operate a liquefied natural gas import terminal under subsection (d) not later than 1 year after the application is complete.
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(2) With respect to each application under subsection (d), the Federal Energy Regulatory Commission shall establish a schedule for all Federal and State administrative proceedings commenced under authority of Federal law, the completion of which is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal, in order to ensure expeditious progress toward such siting, construction, expansion, or operation.
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The schedule shall also include all Federal and State administrative proceedings authorized by Federal law for the siting, construction, expansion, and operation of natural gas pipelines and facilities related to the transportation of liquefied natural gas or natural gas from the liquefied natural gas import terminal. In establishing the schedule, the Federal Energy Regulatory Commission shall, to the extent practicable, accommodate the applicable schedules established by Federal law for such proceedings.
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If a Federal or State administrative agency or officer fails to complete a proceeding in accordance with the schedule established by the Federal Energy Regulatory Commission, the action of the Federal or State administrative agency or officer that is required before a person may site, construct, expand, or operate the liquefied natural gas import terminal shall be conclusively presumed and the siting, construction, expansion, or operation shall proceed without condition.
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(3) With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall compile a single administrative record which shall consolidate the records of the proceedings referred to in paragraph (2).
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(4) Any Federal administrative proceeding that is an appeal or review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal shall use as its exclusive record for all purposes the administrative record compiled by the Federal Energy Regulatory Commission under paragraph (3).
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(f) Judicial review
(1) Except for review by the Supreme Court of the United States on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to hear and determine any civil action for review of a decision made or action taken by a Federal administrative agency or officer (or State administrative agency or officer acting under delegated Federal authority) with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal. The civil action shall be filed not later than 60 days after the decision or action described in this paragraph.
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(2) If a civil action referred to in paragraph (1) is filed, the Federal Energy Regulatory Commission shall file in the United States Court of Appeals for the District of Columbia Circuit the single administrative record compiled under subsection (e)(3) with respect to the liquefied natural gas import terminal named in the civil action. (g) Lead agency
With respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal, the Federal Energy Regulatory Commission shall be the lead Federal agency for purposes of complying with the National Environmental Policy Act of 1969 ( 42 U.S.C.
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4321 et seq. ).
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1. Establishment of commission
There is established in the legislative branch the Independent Commission on the 2004 Coup d’État in the Republic of Haiti (in this Act referred to as the Commission ). 2. Duties
(a) Duties
The Commission shall examine and evaluate the role of the United States Government in the February 2004 coup d’état in the Republic of Haiti.
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In carrying out the preceding sentence, the Commission shall examine and evaluate the following: (1) The extent to which the United States Government impeded the democratic process in Haiti, including the extent to which actions and policies of the United States Government contributed to the overthrow of the democratically-elected Government of Haiti. (2) The circumstances under which Haitian President Jean-Bertrand Aristide resigned his office and went into exile in the Central African Republic, including the role of the United States Government in such resignation and exile.
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(3) In the events leading up to the coup d’état, the extent to which the United States Government fulfilled its obligations under article 17 of the Organization of American States (OAS) Inter-American Democratic Charter requiring that each OAS member country come to the aid of another OAS government under attack. (4) The extent to which the United States Government impeded efforts by the international community, particularly efforts by Caribbean Community (CARICOM) countries, to prevent the overthrow of the democratically-elected Government of Haiti.
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(5) The role of the United States Government in influencing decisions regarding Haiti at the United Nations Security Council and in discussions between Haiti and other countries that were willing to assist in the preservation of the democratically-elected Government of Haiti by sending security forces to Haiti.
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