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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Tax Nondiscrimination 
Act''.
SEC. 2. FOUR-YEAR EXTENSION OF INTERNET TAX MORATORIUM.
    (a) In General.--Subsection (a) of section 1101 of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended to read as follows:
    ``(a) Moratorium.--No State or political subdivision thereof may 
impose any of the following taxes during the period beginning November 
1, 2003, and ending November 1, 2007:
        ``(1) Taxes on Internet access.
        ``(2) Multiple or discriminatory taxes on electronic 
    commerce.''.
    (b) Conforming Amendments.--(1) Section 1101 of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended by striking subsection (d) 
and redesignating subsections (e) and (f) as subsections (d) and (e), 
respectively.
    (2) Section 1104(10) of the Internet Tax Freedom Act (47 U.S.C. 151 
note) is amended to read as follows:
        ``(10) Tax on internet access.--
            ``(A) In general.--The term `tax on Internet access' means 
        a tax on Internet access, regardless of whether such tax is 
        imposed on a provider of Internet access or a buyer of Internet 
        access and regardless of the terminology used to describe the 
        tax.
            ``(B) General exception.--The term `tax on Internet access' 
        does not include a tax levied upon or measured by net income, 
        capital stock, net worth, or property value.''.
    (3) Section 1104(2)(B)(i) of the Internet Tax Freedom Act (47 
U.S.C. 151 note) is amended by striking ``except with respect to a tax 
(on Internet access) that was generally imposed and actually enforced 
prior to October 1, 1998,''.
    (c) Internet Access Service; Internet Access.--
        (1) Internet access service.--Paragraph (3)(D) of section 
    1101(d) (as redesignated by subsection (b)(1) of this section) of 
    the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by 
    striking the second sentence and inserting ``The term `Internet 
    access service' does not include telecommunications services, 
    except to the extent such services are purchased, used, or sold by 
    a provider of Internet access to provide Internet access.''.
        (2) Internet access.--Section 1104(5) of that Act is amended by 
    striking the second sentence and inserting ``The term `Internet 
    access' does not include telecommunications services, except to the 
    extent such services are purchased, used, or sold by a provider of 
    Internet access to provide Internet access.''.
SEC. 3. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.
    The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended--
        (1) by redesignating section 1104 as section 1105; and
        (2) by inserting after section 1103 the following:

``SEC. 1104. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS.

    ``(a) Pre-October 1998 Taxes.--
        ``(1) In general.--Section 1101(a) does not apply to a tax on 
    Internet access that was generally imposed and actually enforced 
    prior to October 1, 1998, if, before that date--
            ``(A) the tax was authorized by statute; and
            ``(B) either--
              ``(i) a provider of Internet access services had a 
            reasonable opportunity to know, by virtue of a rule or 
            other public proclamation made by the appropriate 
            administrative agency of the State or political subdivision 
            thereof, that such agency has interpreted and applied such 
            tax to Internet access services; or
              ``(ii) a State or political subdivision thereof generally 
            collected such tax on charges for Internet access.
        ``(2) Termination.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        this subsection shall not apply after November 1, 2007.
            ``(B) State telecommunications service tax.--
                ``(i) Date for termination.--This subsection shall not 
            apply after November 1, 2006, with respect to a State 
            telecommunications service tax described in clause (ii).
                ``(ii) Description of tax.--A State telecommunications 
            service tax referred to in subclause (i) is a State tax--

                    ``(I) enacted by State law on or after October 1, 
                1991, and imposing a tax on telecommunications service; 
                and
                    ``(II) applied to Internet access through 
                administrative code or regulation issued on or after 
                December 1, 2002.''.

    ``(b) Pre-November 2003 Taxes.--
        ``(1) In general.--Section 1101(a) does not apply to a tax on 
    Internet access that was generally imposed and actually enforced as 
    of November 1, 2003, if, as of that date, the tax was authorized by 
    statute and--
            ``(A) a provider of Internet access services had a 
        reasonable opportunity to know by virtue of a public rule or 
        other public proclamation made by the appropriate 
        administrative agency of the State or political subdivision 
        thereof, that such agency has interpreted and applied such tax 
        to Internet access services; and
            ``(B) a State or political subdivision thereof generally 
        collected such tax on charges for Internet access.
        ``(2) Termination.--This subsection shall not apply after 
    November 1, 2005.''.

SEC. 4. ACCOUNTING RULE.

    The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by 
adding at the end the following:

``SEC. 1106. ACCOUNTING RULE.

    ``(a) In General.--If charges for Internet access are aggregated 
with and not separately stated from charges for telecommunications 
services or other charges that are subject to taxation, then the 
charges for Internet access may be subject to taxation unless the 
Internet access provider can reasonably identify the charges for 
Internet access from its books and records kept in the regular course 
of business.
    ``(b) Definitions.--In this section:
        ``(1) Charges for internet access.--The term `charges for 
    Internet access' means all charges for Internet access as defined 
    in section 1105(5).
        ``(2) Charges for telecommunications services.--The term 
    `charges for telecommunications services' means all charges for 
    telecommunications services, except to the extent such services are 
    purchased, used, or sold by a provider of Internet access to 
    provide Internet access.''.

SEC. 5. EFFECT ON OTHER LAWS.

    The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by 
section 4, is amended by adding at the end the following:

``SEC. 1107. EFFECT ON OTHER LAWS.

    ``(a) Universal Service.--Nothing in this Act shall prevent the 
imposition or collection of any fees or charges used to preserve and 
advance Federal universal service or similar State programs--
        ``(1) authorized by section 254 of the Communications Act of 
    1934 (47 U.S.C. 254); or
        ``(2) in effect on February 8, 1996.
    ``(b) 911 and E-911 Services.--Nothing in this Act shall prevent 
the imposition or collection, on a service used for access to 911 or E-
911 services, of any fee or charge specifically designated or presented 
as dedicated by a State or political subdivision thereof for the 
support of 911 or E-911 services if no portion of the revenue derived 
from such fee or charge is obligated or expended for any purpose other 
than support of 911 or E-911 services.
    ``(c) Non-Tax Regulatory Proceedings.--Nothing in this Act shall be 
construed to affect any Federal or State regulatory proceeding that is 
not related to taxation.''.
SEC. 6. EXCEPTION FOR VOICE AND OTHER SERVICES OVER THE INTERNET.
    The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by 
section 5, is amended by adding at the end the following:

``SEC. 1108. EXCEPTION FOR VOICE SERVICES OVER THE INTERNET.

    ``Nothing in this Act shall be construed to affect the imposition 
of tax on a charge for voice or similar service utilizing Internet 
Protocol or any successor protocol. This section shall not apply to any 
services that are incidental to Internet access, such as voice-capable 
e-mail or instant messaging.''.

SEC. 6A. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.

    The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by 
section 6, is amended by adding at the end the following:

``SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE.

    ``Nothing in this Act shall prohibit Texas or a political 
subdivision thereof from imposing or collecting the Texas municipal 
access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon 
2005) and the definition of access line as determined by the Public 
Utility Commission of Texas in its `Order Adopting Amendments to 
Section 26.465 As Approved At The February 13, 2003 Public Hearing', 
issued March 5, 2003, in Project No. 26412.''.
SEC. 7. GAO STUDY OF EFFECTS OF INTERNET TAX MORATORIUM ON STATE AND 
LOCAL GOVERNMENTS AND ON BROADBAND DEPLOYMENT.
    The Comptroller General shall conduct a study of the impact of the 
Internet tax moratorium, including its effects on the revenues of State 
and local governments and on the deployment and adoption of broadband 
technologies for Internet access throughout the United States, 
including the impact of the Internet Tax Freedom Act (47 U.S.C. 151 
note) on build-out of broadband technology resources in rural 
underserved areas of the country. The study shall compare deployment 
and adoption rates in States that tax broadband Internet access service 
with States that do not tax such service, and take into account other 
factors to determine whether the Internet Tax Freedom Act has had an 
impact on the deployment or adoption of broadband Internet access 
services. The Comptroller General shall report the findings, 
conclusions, and any recommendations from the study to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce no later than November 
1, 2005.

SEC. 8. EFFECTIVE DATE.

    The amendments made by this Act take effect on November 1, 2003.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
Internet Tax Nondiscrimination Act - (Sec. 2) Amends the Internet Tax Freedom Act to extend the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce until November 1, 2007.

Changes the definition of "tax on Internet access" to: (1) mean a tax on Internet access regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax; and (2) exclude a tax levied upon or measured by net income, capital stock, net worth, or property value.

Changes the definition of "Internet access service" to exclude telecommunications services (current law), except to the extent such services are purchased, used, or sold by an Internet access provider to provide Internet access.

(Sec. 3) Extends: (1) through November 1, 2007, the Internet access taxing authority of States that had a tax on Internet access prior to October 1, 1998; and (2) through November 1, 2005, the Internet access taxing authority of States that had a tax on Internet access as of November 1, 2003.

Terminates after November 1, 2006, the authority of a State to tax Internet access with respect to a State telecommunications service tax: (1) enacted by State law on or after October 1, 1991, and imposing a tax on telecommunications service; and (2) applied to Internet access through administrative code or regulation issued on or after December 1, 2002.

(Sec. 4) Permits subjecting Internet access charges to taxation if they are aggregated with telecommunications service charges and the provider cannot identify them from regular business records.

(Sec. 5) Specifies that nothing in this Act shall prevent the imposition of fees to preserve and advance Federal universal service (or similar State programs) or 911 or E-911 services.

(Sec. 6) Specifies that nothing in this Act shall be construed to affect any Federal or state regulatory proceeding that is not related to taxation or the imposition of a tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol (except for services that are incidental to Internet access, such as voice-capable e-mail or instant messaging).

(Sec. 6A) Exempts the State of Texas, or its political subdivisions, from the Internet tax moratorium with respect to the imposition or collection of the Texas municipal access line fee.

(Sec. 7) Directs the Comptroller General to study and report to specified congressional committees on the impact of the Internet tax moratorium on State and local government revenues and on the deployment and adoption of broadband technologies for Internet access throughout the United States.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space Tourism Promotion Act of 
2001''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) humans have long had a yearning to travel in space and 
        experience conditions beyond Earth's atmosphere;
            (2) forty years of human space flight experience have 
        demonstrated the feasibility of safe travel to and from space 
        as well as the ability of humans to live and work in space;
            (3) the Nation's human space flight program has developed 
        technologies and operational procedures that the private sector 
        could make use of to enable American citizens to experience 
        space travel;
            (4) space tourism has the potential to become a significant 
        industry and a powerful stimulus for advances in space 
        transportation;
            (5) the Federal Government could play an important role in 
        stimulating the development of space tourism by means of 
        guaranteed loans, tax credits, expeditious establishment of a 
        straightforward and predictable regulatory structure, and 
        research and development in technologies that may enable the 
        private sector to develop operational passenger-carrying space 
        transportation systems and on-orbit habitations;
            (6) as the agency of the Federal Government primarily 
        responsible for the development of America's commercial sector, 
        the Department of Commerce, and in particular its Office of 
        Space Commercialization, should have the lead role in 
        encouraging the growth of space tourism;
            (7) as the agency of the Federal Government currently 
        responsible for regulating America's commercial space 
        transportation industry, the Federal Aviation Administration, 
        and in particular its Office of Commercial Space 
        Transportation, should have the lead role in establishing the 
        regulatory structure necessary to ensure the safety of United 
        States space tourism;
            (8) as the agency of the Federal Government responsible for 
        carrying out the major share of the Nation's civil space 
        activities, the National Aeronautics and Space Administration 
        should continue its traditional role of conducting research and 
        development related to new space technologies and systems and 
        facilitating their transfer to the private sector;
            (9) it is an appropriate role for the Federal Government to 
        undertake measures to encourage the development of space 
        tourism in the United States; and
            (10) at the same time, it is an inappropriate role and a 
        misallocation of taxpayer-provided resources for the Federal 
        Government to compete with the private sector in the provision 
        of transportation vehicles or facilities for space tourism.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) terms that are defined in the Federal Credit Reform Act 
        of 1990 have the meaning given those terms in that Act; and
            (2) the term ``space tourism'' means travel to, from, or 
        within outer space, or to the surface of a body in space other 
        than Earth, or habitation in outer space, for the purpose of 
        recreation.

SEC. 4. LOAN GUARANTEES.

    (a) Authority.--
            (1) In general.--The Secretary of Commerce may guarantee up 
        to 85 percent of the value of loans for the purpose of 
        developing transportation systems, habitation facilities, or 
        other infrastructure required for space tourism.
            (2) Limitation.--The maximum aggregate amount of loan 
        commitments that may be guaranteed under this section by the 
        Secretary of Commerce at any one time shall be $2,000,000,000.
            (3) Administrative fee.--The Secretary of Commerce is 
        authorized to collect from any borrower, and to the extent 
        provided for in advance in appropriations Acts to use, an 
        amount not to exceed 0.5 percent of the amount borrowed, for 
        covering the administrative expenses and other annual costs to 
        the Department of Commerce of the loan guarantee.
    (b) Terms and Conditions.--A loan guaranteed under this section 
shall be on such terms and conditions as the Secretary of Commerce may 
prescribe.
    (c) Term of Loans.--Loans guaranteed under this section shall be 
for a term of not to exceed 20 years, or 100 percent of the useful life 
of the substantial portion of the physical assets to be financed by the 
loans, whichever is shorter, as determined by the Secretary of 
Commerce.
    (d) Lien on Interests in Assets.--Upon providing a loan guarantee 
to a borrower under this section, the Secretary of Commerce shall have 
liens which shall be superior to all other liens on assets of the 
borrower equal to 85 percent of the unpaid balance of the loan subject 
to the guarantee.
    (e) Protection.--No loan shall be guaranteed under this section 
unless the Secretary of Commerce determines that the borrower is 
responsible and that adequate provision is made for servicing the loan 
on reasonable terms and for protecting the interests of the United 
States.
    (f) Validity.--A loan guarantee under this section shall be 
conclusive evidence that such guarantee has been properly obtained, and 
that the underlying loan qualifies for such guarantee. In an action for 
fraud or material misrepresentation by the holder of a loan guaranteed 
under this section, such guarantee shall be presumed to be valid, 
legal, and enforceable.
    (g) Forbearance.--The Secretary of Commerce may approve an 
agreement, between the parties to a loan guaranteed under this section, 
that provides for forbearance for the benefit of the borrower if the 
forbearance will result in no cost to the Federal Government.
    (h) Administration and Oversight Responsibility.--The Office of 
Space Commercialization shall be responsible for the administration and 
oversight of this section on behalf of the Department of Commerce.

SEC. 5. CAPITAL GAINS EXCLUSION.

    (a) In General.--Part I of subchapter P of chapter 1 of the 
Internal Revenue Code of 1986 (relating to items specifically excluded 
from gross income) is amended by adding at the end the following new 
section:

``SEC. 1203. EXCLUSION OF GAINS FOR QUALIFIED SPACE TOURISM 
              CORPORATIONS.

    ``(a) In General.--Gross income shall not include gain on the sale 
or exchange of any stock of a qualified space tourism corporation held 
for more than one year.
    ``(b) Qualified Space Tourism Corporation.--For purposes of 
subsection (a), the term `qualified space tourism corporation' means, 
with respect to any taxable year, a domestic corporation which is a C 
corporation if--
            ``(1) such corporation is organized exclusively for 
        providing to unrelated persons any service of space tourism (as 
        defined in section 3 of the Space Tourism Promotion Act of 
        2001), and
            ``(2) such corporation derives at least 75 percent of its 
        gross receipts from the active conduct of a trade or business 
        of providing a service described in paragraph (1).
    ``(c) Certain Purchases by Corporations of Its Own Stock.--For 
purposes of this section, rules similar to the rules of section 
1202(c)(3) shall apply.
    ``(d) Related Person.--Persons shall be treated as related to each 
other if such persons would be treated as a single employer under the 
regulations prescribed under section 52(b). In the case of a 
corporation which is a member of an affiliated group of corporations 
filing a consolidated return, such corporation shall be treated as 
providing services related to space tourism to an unrelated person if 
such services are provided to such a person by another member of such 
group.
    ``(e) Termination.--This section shall not apply to sales or 
exchanges after December 31, 2011.''.
    (b) Clerical Amendment.--The table of sections for part I of 
subchapter P of such Code is amended by adding at the end the following 
new item:

                              ``Sec. 1203. Exclusion of gains for 
                                        qualified space tourism 
                                        corporations.''
    (c) Effective Date.--The amendments made by this section shall 
apply to sales and exchanges in taxable years beginning after December 
31, 2001.

SEC. 6. ESTABLISHMENT OF REGULATORY STANDARDS.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Transportation shall issue 
regulations to govern--
            (1) activities necessary to ensure the safe operation of 
        passenger-carrying launch and reentry vehicles and spacecraft 
        for space tourism, to the extent to which regulatory procedures 
        have not previously been established by law; and
            (2) activities related to the provision of and safe 
        operation of habitable facilities in outer space for space 
        tourism purposes.
    (b) Orbital Debris Avoidance.--Not later than 2 years after the 
date of the enactment of this Act, the Secretary of Transportation 
shall issue regulations to prevent, to the extent practicable, the 
growth of orbital debris resulting from activities associated with 
space tourism.
    (c) Legal Regime.--Activities taking place on space tourism 
habitation facilities and passenger-carrying launch and reentry 
vehicles and spacecraft for space tourism licensed or otherwise 
regulated by the Secretary of Transportation shall be governed by the 
laws of the United States.

SEC. 7. USE OF FEDERAL FACILITIES.

    (a) Prohibition Against Certain Uses of Federal Facilities.--
            (1) In general.--Launch, reentry, and space travel vehicles 
        owned by the Federal Government shall not be used for the 
        transport of any individuals other than those engaged in or 
        supporting the conduct of official business of the United 
        States or the conduct of scientific or engineering research and 
        development, except in emergency situations.
            (2) International space station.--The United States portion 
        of the International Space Station shall not be visited or 
        occupied by any individuals other than those engaged in or 
        supporting the conduct of official business of the United 
        States or the conduct of scientific or engineering research and 
        development, and those authorized by relevant international 
        agreements, except in emergency situations.
    (b) Use of Other Federal Facilities.--The use of other Federal 
facilities and infrastructure, such as launch ranges and data relay 
satellites, shall be made available to commercial entities engaged in 
space tourism on a cost-reimbursable basis to the extent that excess 
capacity exists at the time the commercial entity requests the use of 
such facilities and infrastructure.
Space Tourism Promotion Act of 2001 - Authorizes the Secretary of Commerce to guarantee up to 85 percent of the value of loans for developing transportation systems, habitation facilities, or other infrastructure required for space tourism.Amends the Internal Revenue Code of 1986 to exclude from gross income gain on the sale or exchange of any stock of a qualified space tourism corporation held for more than a year.Requires the Secretary of Transportation to issue regulations to: (1) govern activities necessary to ensure the safe operation of passenger-carrying launch and reentry vehicles and spacecraft for space tourism and activities related to the provision and safe operation of habitable facilities in outer space for space tourism; and (2) prevent the growth of orbital debris resulting from activities associated with space tourism.Prohibits: (1) the use of launch, reentry, and space travel vehicles owned by the Government for the transport of any individuals other than those engaged in or supporting the conduct of official business or scientific or engineering research and development (R&D), except in emergencies; and (2) the U.S. portion of the International Space Station from being visited or occupied by any individuals other than those engaged in or supporting the conduct of such business or R&D and those authorized by relevant international agreements, except in emergencies.Requires the use of other Federal facilities and infrastructure, such as launch ranges and data relay satellites, to be made available to commercial entities engaged in space tourism on a cost-reimbursable basis to the extent that excess capacity exists.

SECTION 1. FINDINGS.

    The Congress finds the following:
            (1) California's rapid population growth and the lack of 
        understanding about the environmental impacts of this growth 
        have caused a number of serious present and potential barriers 
        to future economic development of California.
            (2) California has great environmental complexity and 
        diversity and a great variety of human interventions in its 
        ecosystem.
            (3) Future environmental policies for California must be 
        informed by careful cost-benefit analysis that considers the 
        serious risks, and the benefits, of environmental policy.
            (4) The California Urban Environmental Research and 
        Education Center promotes coordination of and collaboration on 
        environmentally sound economic development in California and 
        ensures that continued sustainable economic development can 
        occur.
            (5) Due to the closing of many military facilities and 
        installations in California, such Center can provide important 
        assistance to the process of converting defense resources to 
        non-defense uses.
            (6) The Center is in a position to develop model incentives 
        and remove market barriers so as to motivate greater private 
        sector involvement and investment in the solution of 
        environmental problems.

SEC. 2. CENTER.

    (a) Support.--The Administrator of the Environmental Protection 
Agency shall continue to support the development and expansion of the 
California Urban Environmental Research and Education Center.
    (b) Cooperative Agreement.--
            (1) Authority.--If the California State University, Hayward 
        consents and provides the matching funds required by paragraph 
        (2), the Administrator shall enter into a series of cooperative 
        agreements with the California State University, Hayward to 
        provide continuing support for the Center. The California State 
        University, Hayward shall work in close cooperation with the 
        other universities of the California State University system 
        (including the California State Universities at Sacramento, San 
        Jose, San Francisco, and Sonoma) in the research and policy 
        analysis performed under any such cooperative agreement.
            (2) Matching funds.--In any cooperative agreement described 
        in paragraph (1), the California State University, Hayward, 
        shall guarantee matching funds or in-kind resources equal to 20 
        percent of the funds received by the Center from the 
        Administrator. The Center and the California State University, 
        Hayward shall, to the maximum extent practicable, solicit 
        additional funds or in-kind contributions from State, local, 
        and private sector sources to increase the ability of the 
        Center to conduct applied research and education projects under 
        this Act.
            (3) Membership.--A university in the California State 
        University system or a university in California which is not a 
        university in the California State University system may become 
        a member of the Center under such guidelines and conditions as 
        are reasonable and mutually agreeable to the Center and the 
        university.
    (c) Governing Board.--
            (1) Initial appointments.--For the two-year period 
        beginning on the date of the establishment of the Center, the 
        Center shall have a Governing Board composed of the following:
                    (A) The Executive Director of the Center.
                    (B) One member appointed by the President of the 
                California State University, Hayward.
                    (C) One member appointed by the President of the 
                California State University, Sacramento.
                    (D) One member appointed by the President of the 
                California State University, San Jose.
                    (E) One member appointed by the President of the 
                California State University, San Francisco.
                    (F) One member appointed by the President of the 
                California State University, Sonoma.
            (2) Subsequent appointments.--After the two-year period 
        referred to in paragraph (1), the composition of the Governing 
        Board shall be determined by the sitting members of the 
        Governing Board, in consultation with the Presidents of each 
        university of the California State University system, except as 
        provided in subsection (d)(1).
            (3) Chair.--The Executive Director shall serve as chair of 
        the Governing Board for the first five years after the 
        establishment of the Center. Subsequently, the Governing Board 
        shall elect a chair from among its members.
            (4) Duties.--It shall be the duty of the Governing Board--
                    (A) to establish criteria for membership in the 
                Center;
                    (B) to establish criteria and requirements for the 
                contribution of matching funds or in kind contributions 
                by member universities and those applying for 
                membership in the Center;
                    (C) to establish guidelines for fair representation 
                on the Governing Board of universities that are not 
                universities of the California State University system;
                    (D) to establish how scholarships, fellowships, and 
                grants will be awarded by the Center;
                    (E) to advise the Executive Director of the Center 
                on matters pertaining to the management of the Center's 
                internal projects and administration, with respect to 
                the management of grants; and
                    (F) to perform such other duties, with respect to 
                the management of grants, as the Governing Board 
                considers necessary to carry out the functions of the 
                Center under this Act.
    (d) Executive Director; Staff.--
            (1) Executive director.--The Center shall have an Executive 
        Director who shall be appointed for a five-year term. The 
        President of the California State University, Hayward shall 
        make the initial appointment of an Executive Director for a 
        five-year term beginning on the date of the establishment of 
        the Center, and shall make an appointment for the second five-
        year term. The Governing Board shall appoint each Executive 
        Director appointed after the initial two appointments.
            (2) Budget.--The Executive Director shall annually submit 
        to the Governing Board a budget which includes projected staff 
        requirements and other projected expenses. The Governing Board 
        shall review and advise on the budget each year.
    (e) Principal Office.--(1) The principal office of the Center shall 
be located in northern California.
    (2) Before the end of the two-year period beginning on the date of 
the establishment of the Center, the Governing Board shall consider the 
establishment of a second office and conference facility to be located 
in southern California, convenient to member universities.

SEC. 3. FUNCTIONS.

    (a) In General.--The overall objective of the Center shall be to 
promote and foster sustainable economic development throughout the 
State of California, using the resources and skills of its universities 
and colleges whenever possible. The Center shall achieve such objective 
by engaging in the following functions:
            (1) To develop an ongoing program of applied environmental 
        research, education, and outreach that can be used by the 
        Federal Government, State and local governments, and the 
        private sector to ensure that future government policies to 
        encourage economic development in California are grounded on 
        sound, sustainable environmental and economic principles.
            (2) To foster public-private partnerships to find solutions 
        to the environmental problems of California and ways of 
        removing market barriers to private sector development.
            (3) To bring together researchers from the member 
        universities and colleges of the Center to focus on the most 
        important environmental problems of California related to 
        sustainable economic development, with the aim of analysis and 
        synthesis of policy implications and dissemination of policy 
        oriented research findings to managers in the public and 
        private sectors.
            (4) To support the following activities:
                    (A) The coordination and funding of research 
                activities of universities for collaborative collection 
                and evaluation of data on California's geology, 
                hydrology, soils, biology, weather and climate, natural 
                hazards, demography, infrastructure, resource use, 
                land-use patterns, land-ownership patterns, business 
                development, environmental equity, and regulatory 
                zones.
                    (B) The analysis of public policy implications of 
                economic development programs that affect the ecology 
                of California.
                    (C) The conduct of seminars and other educational 
                programs for policy makers in the Federal Government, 
                State and local governments, and the private sector on 
                the implications of the findings and conclusions 
                derived from the Center's activities. The Center shall 
                use electronic technology, such as computer networks 
                and video conferencing, to convey the cumulative 
                findings and conclusions derived from the Center's 
                activities and to foster an exchange of ideas.
                    (D) The conduct, not more than once each year, of a 
                national conference on ecology and sustainable economic 
                development for business and labor leaders to foster an 
                exchange of ideas and information.
                    (E) The provision of ready access to the Center's 
                collective expertise for policy makers in the Federal 
                Government and State and local governments, and for 
                representatives of private- and public-sector 
                organizations, through meetings, publications, special 
                reports, video, electronic mail, computer networks, and 
                other means to share up-to-date information on research 
                findings and policy development for sustainable 
                economic development.
                    (F) The minimization of duplication and waste in 
                applied research and demonstration programs within the 
                areas of the Center's expertise.
                    (G) The development of educational programs, 
                curricula, and instructional materials for colleges, 
                universities, and other educational institutions to 
                impart the knowledge and skills required to implement 
                environmentally sustainable economic development, for 
                the purpose of equipping students for jobs in the 
                public and private sectors.
                    (H) The development of bachelors and masters degree 
                programs for individuals who have lost or may lose 
                employment as a result of cutbacks in defense spending 
                to prepare such individuals for employment as 
                environmental professionals, and the development of 
                certification programs in environmental sciences and 
                studies for such individuals.
                    (I) The preparation of minority students for 
                environmental professions, including the development of 
                an enriched curriculum in the environmental sciences at 
                the baccalaureate and post-graduate levels for 
                underrepresented minority students to prepare such 
                students for careers in various environmental areas, 
                such as environmental health and the clean-up of 
                military installations and facilities.
                    (J) The development and administration of a 
                repository of information on key environmental and 
                related economic development issues that can be readily 
                accessed by private- and public-sector entities, 
                including imposition, if necessary, of a fee for users 
                of the repository to cover the cost of its operation.
            (5) To work closely with other university research centers 
        for which funds have been provided by the Environmental 
        Protection Agency to help establish a National Environmental 
        Outreach Program to assist the Federal Government, State and 
        local governments, and the private sector in programs and 
        projects designed to promote environmentally sound economic 
        development.
            (6) To work closely with Federally-funded research centers, 
        such as the Lawrence-Livermore National Research Laboratory, to 
        foster the transfer and application of environmental technology 
        to the private sector.
            (7) To help incubate or expand small, environmentally 
        related businesses where market barriers exist to such 
        incubation or expansion.
            (8) To assist small businesses in meeting environmental 
        regulations by providing short courses and conferences and to 
        develop methods and models by which small businesses may 
        finance ``green'' investment where private-sector funds are 
        otherwise not generally available.
            (9) To work closely, as requested, with public-sector 
        officials, private-sector businesses, and individuals seeking 
        alternative uses for military installations and facilities that 
        have been or are about to be closed to assist in planning the 
        environmental aspects of the conversion and clean-up of the 
        installations and facilities, and to help with the economic 
        development aspects of the closing of the installations and 
        facilities.
            (10) During its first year, to develop a plan, in 
        conjunction with other universities to extend the activities of 
        the Center throughout the State within 3 years. The plan shall 
        pay particular attention to the need for environmentally sound 
        conversion and economic use of military installations and 
        facilities throughout the State.
    (b) Scholarships, Fellowships, and Grants.--
            (1) Scholarships.--The Center may provide for the award of 
        undergraduate scholarships for individuals studying in 
        environmental fields at universities that are members of the 
        Center. Individuals who have lost or may lose employment as a 
        result of the closing of a military installation or facility in 
        the State of California shall have preference over other 
        individuals in the award of scholarships under this paragraph.
            (2) Fellowships.--The Center may provide for the award of 
        graduate assistantships and fellowships at the Center to 
        encourage study in fields related to sustainable economic 
        development. Preference shall be given to those who have been 
        or are about to be laid off as a result of military base 
        closings in California.
            (3) Research grants.--The Center may award research grants 
        to faculty at universities and colleges, both public and 
        private, to encourage research critical to the achievement of 
        the functions described in subsection (a).

SEC. 4. REPORT.

    The Center shall annually submit to the Administrator a report on 
the activities of the Center and on any changing budget needs. The 
Center shall include in the first report submitted under this 
subsection a statement of any additional funds that may be required to 
extend the activities of the Center throughout the State.

SEC. 5. GIFTS AND DONATIONS.

    The Center may receive funds and other property donated, 
bequeathed, or devised to the Center with or without a condition of 
restriction, for the purpose of furthering the activities of the 
Center. All funds donated, bequeathed, or devised to the Center shall 
be retained in a separate account. Each annual report submitted 
pursuant to section 4 shall include an accounting of the funds and 
property donated, bequeathed, or devised to the Center during the year 
covered by the annual report.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``Center'' means the California Urban 
        Environmental Research and Education Center established 
        pursuant to section 2.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Administrator for provision to the Center to carry out this Act 
$4,500,000 for fiscal year 1998 and such sums as may be necessary for 
each of fiscal years 1999 through 2002.
    (b) Availability.--Funds appropriated pursuant to the authority of 
subsection (a) shall remain available until expended.
    (c) Matching Funds.--In addition to amounts provided as described 
in section 2(b)(2), the Center shall make a good faith effort to match 
the amount of funds appropriated pursuant to this section with funding 
from State and local governments and the private sector.

Directs the Administrator of the Environmental Protection Agency to enter into a series of cooperative agreements with the California State University, Hayward, to provide continuing support for the California Urban Environmental Research and Education Center if the University consents and provides matching funds or in-kind resources equal to 20 percent of funds provided by the Administrator. 
States requirements regarding university membership in the Center, the Governing Board, and the Center's principal office. 
Declares the overall objective of the Center to be to promote sustainable economic development throughout California by engaging in specified functions, including:  (1) developing an ongoing program of applied environmental research, education, and outreach; (2) fostering public-private partnerships to find solutions to environmental problems of California; (3) bringing together university and college researchers to focus on California's most important environmental problems; (4) supporting specified activities related to data evaluation, economic development analysis, the development and conduct of educational programs and conferences, providing ready access to the Center's expertise, the minimization of duplication and waste in research and demonstration programs, and the development and administration of an environmental and economic development information repository; (5) working closely with EPA- and other federally-funded research centers; (6) assisting environmentally-related and other small businesses; and (7) assisting in military base conversion. 
Authorizes the Center to provide undergraduate scholarships for individuals studying in environmental fields, assistantships and fellowships for graduate students to encourage study in fields related to sustainable economic development, and research grants to college and university faculty. 
Authorizes appropriations.