In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing American Families 
Effectively (SAFE) Act''.

                          TITLE I--IMMIGRATION

SEC. 101. VISAS.

    (a) Student.--No citizens from a country which is one the State 
Department's list of governments which have sponsored terrorism or on 
the State Department's list of governments which have been less than 
fully cooperative in anti-terrorism efforts shall be granted a visa 
permitting study in the United States.
    (b) Diversity Immigrant Program.--No citizen from a country on the 
State Department's list of governments which have sponsored terrorism 
or on the State Department's list of governments which have been less 
than fully cooperative in anti-terrorism efforts may be issued an 
immigrant visa under section 203(c) of the Immigration and Nationality 
Act (8 U.S.C. 1153(c)) (governing the diversity immigrant program).

             TITLE II--DATA SHARING; INTELLIGENCE GATHERING

SEC. 201. REQUIRING SHARING BY THE FEDERAL BUREAU OF INVESTIGATION OF 
              CERTAIN CRIMINAL RECORD EXTRACTS WITH OTHER FEDERAL 
              AGENCIES IN ORDER TO ENHANCE BORDER SECURITY.

    (a) In General.--Section 105 of the Immigration and Nationality Act 
(8 U.S.C. 1105), is amended--
            (1) in the section heading, by adding ``and data exchange'' 
        at the end;
            (2) by inserting ``(a) Liaison With Internal Security 
        Officers.--'' after ``105.'';
            (3) by striking ``the internal security of'' and inserting 
        ``the internal and border security of''; and
            (4) by adding at the end the following:
    ``(b) Criminal History Record Information.--The Attorney General 
and the Director of the Federal Bureau of Investigation shall provide 
the Secretary of State and the Commissioner access to the criminal 
history record information contained in the National Crime Information 
Center's Interstate Identification Index, Wanted Persons File, and to 
any other files maintained by the National Crime Information Center 
that may be mutually agreed upon by the Attorney General and the 
official to be provided access, for the purpose of determining whether 
a visa applicant or applicant for admission has a criminal history 
record indexed in any such file. Such access shall be provided by means 
of extracts of the records for placement in the Department of State's 
automated visa lookout database or other appropriate database, and 
shall be provided without any fee or charge. The Director of the 
Federal Bureau of Investigation shall provide periodic updates of the 
extracts at intervals mutually agreed upon by the Attorney General and 
the official provided access. Upon receipt of such updated extracts, 
the receiving official shall make corresponding updates to the 
official's databases and destroy previously provided extracts. Such 
access to any extract shall not be construed to entitle the Secretary 
of State to obtain the full content of the corresponding automated 
criminal history record. To obtain the full content of a criminal 
history record, the Secretary of State shall submit the applicant's 
fingerprints and any appropriate fingerprint processing fee authorized 
by law to the Criminal Justice Information Services Division of the 
Federal Bureau of Investigation.
    ``(c) Reconsideration.--The provision of the extracts described in 
subsection (b) may be reconsidered by the Attorney General and the 
receiving official upon the development and deployment of a more cost-
effective and efficient means of sharing the information.
    ``(d) Regulations.--For purposes of administering this section, the 
Secretary of State shall, prior to receiving access to National Crime 
Information Center data, promulgate final regulations--
            ``(1) to implement procedures for the taking of 
        fingerprints; and
            ``(2) to establish the conditions for the use of the 
        information received from the Federal Bureau of Investigation, 
        in order--
                    ``(A) to limit the redissemination of such 
                information;
                    ``(B) to ensure that such information is used 
                solely to determine whether to issue a visa to an 
                individual;
                    ``(C) to ensure the security, confidentiality, and 
                destruction of such information; and
                    ``(D) to protect any privacy rights of individuals 
                who are subjects of such information.''.
    (b) Clerical Amendment.--The table of contents of the Immigration 
and Nationality Act is amended by amending the item relating to section 
105 to read as follows:

``Sec. 105. Liaison with internal security officers and data 
                            exchange.''.
    (c) Effective Date and Implementation.--The amendments made by this 
section shall take effect on the date of the enactment of this Act and 
shall be fully implemented not later than 18 months after such date.
    (d) Reporting Requirement.--Not later than 2 years after the date 
of the enactment of this Act, the Attorney General and the Secretary of 
State, jointly, shall report to the Congress on the implementation of 
the amendments made by this section.
    (e) Construction.--Nothing in this section, or in any other law, 
shall be construed to limit the authority of the Attorney General or 
the Director of the Federal Bureau of Investigation to provide access 
to the criminal history record information contained in the National 
Crime Information Center's Interstate Identification Index, or to any 
other information maintained by such center, to any Federal agency or 
officer authorized to enforce or administer the immigration laws of the 
United States, for the purpose of such enforcement or administration, 
upon terms that are consistent with sections 212 through 216 of the 
National Crime Prevention and Privacy Compact Act of 1998 (42 U.S.C. 
14611 et seq.).

SEC. 202. AUTHORIZED DISCLOSURE.

    Section 2510(7) of title 18, United States Code, is amended by 
inserting ``, and (for purposes only of section 2517 as it relates to 
foreign intelligence information) any Federal law enforcement, 
intelligence, national security, national defense, protective, 
immigration personnel, or the President or Vice President of the United 
States'' after ``such offenses''.

SEC. 203. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE OF NON-UNITED 
              STATES PERSONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE.

    (a) Including Agents of a Foreign Power.--(1) Section 105(e)(1) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1805(e)(1)) is amended by inserting ``or an agent of a foreign power, 
as defined in section 101(b)(1)(A),'' after ``or (3),''.
    (2) Section 304(d)(1) of such Act (50 U.S.C. 1824(d)(1)) is amended 
by inserting ``or an agent of a foreign power, as defined in section 
101(b)(1)(A),'' after ``101(a),''.
    (b) Period of Order.--Such section 304(d)(1) is further amended by 
striking ``forty-five'' and inserting ``90''.

            TITLE III--EXPANSION OF FBI LINGUISTIC CAPACITY

SEC. 301. EMPLOYMENT OF TRANSLATORS BY THE FEDERAL BUREAU OF 
              INVESTIGATION.

    (a) Authority.--The Director of the Federal Bureau of Investigation 
is authorized to expedite the employment of personnel as translators to 
support counterterrorism investigations and operations without regard 
to applicable Federal personnel requirements and limitations.
    (b) Security Requirements.--The Director of the Federal Bureau of 
Investigation shall establish such security requirements as are 
necessary for the personnel employed as translators.
    (c) Report.--The Attorney General shall report to the Committees on 
the Judiciary of the House of Representatives and the Senate on--
            (1) the number of translators employed by the FBI and other 
        components of the Department of Justice;
            (2) any legal or practical impediments to using translators 
        employed by other Federal State, or local agencies, on a full, 
        part-time, or shared basis; and
            (3) the needs of the FBI for specific translation services 
        in certain languages, and recommendations for meeting those 
        needs.

                       TITLE IV--CRIMINAL JUSTICE

SEC. 401. STATUTE OF LIMITATION FOR PROSECUTING TERRORISM OFFENSES.

    (a) In General.--Section 3286 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3286. Terrorism offenses
    ``(a) An indictment may be found or an information instituted at 
any time without limitation for any Federal terrorism offense or any of 
the following offenses:
            ``(1) A violation of, or an attempt or conspiracy to 
        violate, section 32 (relating to destruction of aircraft or 
        aircraft facilities), 37(a)(1) (relating to violence at 
        international airports), 175 (relating to biological weapons), 
        229 (relating to chemical weapons), 351(a)-(d) (relating to 
        congressional, cabinet, and Supreme Court assassination and 
        kidnaping), 792 (relating to harboring terrorists), 831 
        (relating to nuclear materials), 844(f) or (i) when it relates 
        to bombing (relating to arson and bombing of certain property), 
        1114(1) (relating to protection of officers and employees of 
        the United States), 1116, if the offense involves murder 
        (relating to murder or manslaughter of foreign officials, 
        official guests, or internationally protected persons), 1203 
        (relating to hostage taking), 1751(a)-(d) (relating to 
        Presidential and Presidential staff assassination and 
        kidnaping), 2332(a)(1) (relating to certain homicides and other 
        violence against United States nationals occurring outside of 
        the United States), 2332a (relating to use of weapons of mass 
        destruction), 2332b (relating to acts of terrorism transcending 
        national boundaries) of this title.
            ``(2) Section 236 (relating to sabotage of nuclear 
        facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 
        2284);
            ``(3) Section 601 (relating to disclosure of identities of 
        covert agents) of the National Security Act of 1947 (50 U.S.C. 
        421).
            ``(4) Section 46502 (relating to aircraft piracy) of title 
        49.
    ``(b) An indictment may be found or an information instituted 
within 15 years after the offense was committed for any of the 
following offenses:
            ``(1) Section 175b (relating to biological weapons), 842(m) 
        or (n) (relating to plastic explosives), 930(c) if it involves 
        murder (relating to possessing a dangerous weapon in a Federal 
        facility), 956 (relating to conspiracy to injure property of a 
        foreign government), 1030(a)(1), 1030(a)(5)(A), or 1030(a)(7) 
        (relating to protection of computers), 1362 (relating to 
        destruction of communication lines, stations, or systems), 1366 
        (relating to destruction of an energy facility), 1992 (relating 
        to trainwrecking), 2152 (relating to injury of fortifications, 
        harbor defenses, or defensive sea areas), 2155 (relating to 
        destruction of national defense materials, premises, or 
        utilities), 2156 (relating to production of defective national 
        defense materials, premises, or utilities), 2280 (relating to 
        violence against maritime navigation), 2281 (relating to 
        violence against maritime fixed platforms), 2339A (relating to 
        providing material support to terrorists), 2339B (relating to 
        providing material support to terrorist organizations), or 
        2340A (relating to torture).
            ``(2) Any of the following provisions of title 49: the 
        second sentence of section 46504 (relating to assault on a 
        flight crew with a dangerous weapon), section 46505(b)(3), 
        (relating to explosive or incendiary devices, or endangerment 
        of human life by means of weapons, on aircraft), section 46506 
        if homicide or attempted homicide is involved, or section 
        60123(b) (relating to destruction of interstate gas or 
        hazardous liquid pipeline facility) of title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 213 of title 18, United States Code, is amended by amending the 
item relating to section 3286 to read as follows:

``3286. Terrorism offenses.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of enactment of this section.

SEC. 402. ALTERNATIVE MAXIMUM PENALTIES FOR TERRORISM CRIMES.

    Section 3559 of title 18, United States Code, is amended by adding 
after subsection (d) the following:
    ``(e) Authorized Terms of Imprisonment for Terrorism Crimes.--A 
person convicted of any Federal terrorism offense may be sentenced to 
imprisonment for any term of years or for life, notwithstanding any 
maximum term of imprisonment specified in the law describing the 
offense. The authorization of imprisonment under this subsection is 
supplementary to, and does not limit, the availability of any other 
penalty authorized by the law describing the offense, including the 
death penalty, and does not limit the applicability of any mandatory 
minimum term of imprisonment, including any mandatory life term, 
provided by the law describing the offense.''.

SEC. 403. PENALTIES FOR TERRORIST CONSPIRACIES.

    Chapter 113B of title 18, United States Code, is amended--
            (1) by inserting after section 2332b the following:
``Sec. 2332c. Attempts and conspiracies
    ``(a) Except as provided in subsection (c), any person who attempts 
or conspires to commit any Federal terrorism offense shall be subject 
to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(b) Except as provided in subsection (c), any person who attempts 
or conspires to commit any offense described in section 25(2) shall be 
subject to the same penalties as those prescribed for the offense, the 
commission of which was the object of the attempt or conspiracy.
    ``(c) A death penalty may not be imposed by operation of this 
section.''; and
            (2) in the table of sections at the beginning of the 
        chapter, by inserting after the item relating to section 2332b 
        the following new item:

``2332c. Attempts and conspiracies.''.

                        TITLE V--PROBABLE CAUSE

SEC. 501. PROBABLE CAUSE.

    Notwithstanding any other provision of law or regulation probable 
cause shall be the maximum standard for authorizing an investigation, 
or issuing a search warrant, related to investigations of suspected 
terrorists.
[A]: Securing American Families Effectively (SAFE) Act - Prohibits the granting of a visa permitting study in the United States, or the issuance of an immigration visa under the diversity immigrant program, to citizens from a country which is on the State Department's list of governments which have sponsored terrorism or which have been less than fully cooperative in anti-terrorism efforts.Amends the Immigration and Nationality Act to require the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to provide the Secretary of State and the Commissioner of the Immigration and Naturalization Service access to criminal history record information.Increases: (1) the scope of persons authorized to disclose and use intercepted communications relating to foreign intelligence information; and (2) the period of electronic surveillance orders for non-U.S. persons under the Foreign Intelligence Surveillance Act of 1978.Authorizes: (1) the FBI Director to expedite the employment of translators; (2) an indictment at any time without limitation for any Federal terrorism offense; and (3) alternative maximum penalties for terrorism crimes.Provides that any person who attempts or conspires to commit any Federal terrorism offense shall be subject to the same penalties as prescribed for the terrorism offense, with exceptions.Makes probable cause the maximum standard for authorizing an investigation, or issuing a search warrant related to an investigation, of suspected terrorists.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Invest in Energy Security Act''.

SEC. 2. STRATEGIC PETROLEUM RESERVE.

    (a) Petroleum Acquisition for the Strategic Petroleum Reserve.--
Section 301(e)(1) of the Energy Policy Act of 2005 (42 U.S.C. 6240 
note) is amended to read as follows:
            ``(1) In general.--The Secretary shall, as expeditiously as 
        practical, without incurring excessive cost or appreciably 
        affecting the price of petroleum products to consumers, acquire 
        petroleum in quantities sufficient to fill the available 
        capacity of the Strategic Petroleum Reserve, subject to the 
        following limitations:
                    ``(A) Suspension of royalty-in-kind transfers to 
                the strategic petroleum reserve.--No later than 
                September 30, 2008, the Secretary shall sell 13,000,000 
                barrels of petroleum received under the royalty-in-kind 
                program. Beginning October 1, 2008, the Secretary shall 
                suspend acquisition of petroleum for the Strategic 
                Petroleum Reserve under the Royalty-In-Kind program, 
                subject to resumption as provided in subparagraph (B).
                    ``(B) Resumption of petroleum acquisition for the 
                strategic petroleum reserve.--The Secretary may resume 
                acquisition of petroleum for the Strategic Petroleum 
                Reserve 30 days after notification to Congress that--
                            ``(i)(I) the Secretary projects that the 
                        United States will fall short of its 
                        commitments under the International Energy 
                        Program within a period of 24 months from the 
                        date of the projection; or
                            ``(II) the weighted average price of 
                        petroleum for the most recent 90 day period is 
                        at least 25 percent less than the 24-month 
                        historical average price; and
                            ``(ii) that resumption of Strategic 
                        Petroleum Reserve fill will not have an 
                        appreciable effect on the price of petroleum 
                        products to consumers within the following 12-
                        month period after the resumption of 
                        acquisition.
                    ``(C) Future suspension of strategic petroleum 
                reserve petroleum acquisition.--During any period in 
                which the Secretary is acquiring petroleum for the 
                Strategic Petroleum Reserve, the Secretary shall 
                suspend acquisition activities if--
                            ``(i) the monthly weighted average price of 
                        petroleum increases by more than 20 percent 
                        over any period of 6 months or less; or
                            ``(ii) the Secretary determines that 
                        continued Strategic Petroleum Reserve fill may 
                        have an appreciable impact on prices of 
                        petroleum products in future months.''.
    (b) Revised Procedures.--No later than 60 days after the date of 
the enactment of this section, the Secretary shall publish revised 
procedures under section 301(e)(2) of the Energy Policy Act of 2005 
consistent with the provisions contained in the amendment made by 
subsection (a).

SEC. 3. ENERGY INDEPENDENCE AND SECURITY FUND.

    (a) Establishment.--There is hereby established in the Treasury of 
the United States the ``Energy Independence and Security Fund'' 
(hereinafter in this section referred to as ``the Fund'').
    (b) Administration.--The Secretary of Energy shall be responsible 
for administering the Fund for the purpose of carrying out this 
section.
    (c) Deposits.--All proceeds from sales of petroleum from the 
Strategic Petroleum Reserve, as authorized in section 301(e)(1) of the 
Energy Policy Act of 2005 (as amended by section 2 of this Act), after 
deduction of the direct administrative costs associated with such 
sales, shall be deposited in the Fund.
    (d) Distribution of Funds.--The Secretary shall make available for 
obligation, without further appropriation and without fiscal year 
limitation, the following amounts from the Fund:
            (1) Advanced research projects agency--energy.--For fiscal 
        year 2008, the Secretary shall transfer $100,000,000 to the 
        ``Energy Transformation Acceleration Fund'', as authorized in 
        section 5012(m) of the America COMPETES Act (42 U.S.C. 
        16538(m)), to remain available until expended. Of the funds 
        transferred, the Secretary shall further allocate the amounts 
        made available for obligation as follows:
                    (A) $50,000,000 shall be available for university-
                based research projects.
                    (B) $10,000,000 shall be available for program 
                direction expenses.
            (2) Rural wind energy.--For fiscal year 2008, the Secretary 
        shall transfer $15,000,000 to the account ``Energy Efficiency 
        and Renewable Energy'', to remain available until expended, for 
        necessary expenses for a program to support the development of 
        infrastructure necessary for deployment of wind energy systems 
        in rural areas, as authorized in section 931(f)(1) of the 
        Energy Policy Act of 2005 (42 U.S.C. 16231(f)(1)).
            (3) Solar energy research and development.--For fiscal year 
        2008, the Secretary shall transfer $30,000,000 to the account 
        ``Energy Efficiency and Renewable Energy'', to remain available 
        until expended, for necessary expenses for a program to 
        accelerate the research, development, demonstration, and 
        deployment of solar energy technologies, as authorized by 
        section 931(a)(2)(A) of the Energy Policy Act of 2005 (42 
        U.S.C. 16231(a)(2)(A)).
            (4) Low income weatherization.--For fiscal year 2008, the 
        Secretary shall transfer $100,000,000 to the account 
        ``Weatherization Assistance Program'', to remain available 
        until expended, for necessary expenses for a program to 
        weatherize low income housing, as authorized by section 411 of 
        the Energy Independence and Security Act of 2007 (Public Law 
        110-140).
            (5) Marine and hydrokinetic renewable electric energy.--For 
        fiscal year 2008, the Secretary shall transfer $30,000,000 to 
        the account ``Energy Efficiency and Renewable Energy'', to 
        remain available until expended, for necessary expenses for a 
        program to accelerate the research, development, demonstration, 
        and deployment of ocean and wave energy, including hydrokinetic 
        renewable energy, as authorized by section 931 of the Energy 
        Policy Act of 2005 (42 U.S.C. 16231) and section 636 of the 
        Energy Independence and Security Act of 2007 (Public Law 110-
        140).
            (6) Industrial energy efficiency research and 
        development.--For fiscal year 2008, the Secretary shall 
        transfer $110,000,000 to the account ``Energy Efficiency and 
        Renewable Energy'', to remain available until expended, for 
        necessary expenses for a program to accelerate the research, 
        development, demonstration, and deployment of new technologies 
        to improve the energy efficiency and reduce greenhouse gas 
        emissions from industrial processes, as authorized in section 
        911(a)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 
        16191(a)(2)(C)) and in section 452 of the Energy Independence 
        and Security Act of 2007 (Public Law 110-140).
            (7) Building energy efficiency research and development.--
        For fiscal year 2008, the Secretary shall transfer $70,000,000 
        to the account ``Energy Efficiency and Renewable Energy'', to 
        remain available until expended, for necessary expenses for a 
        program to accelerate the research, development, demonstration, 
        and deployment of new technologies to improve the energy 
        efficiency and reduce greenhouse gas emissions from buildings, 
        as authorized in section 422 of the Energy Independence and 
        Security Act of 2007 (Public Law 110-140).
            (8) Energy storage for transportation and electric power 
        applications.--For fiscal year 2008, the Secretary shall 
        transfer $30,000,000 to the account ``Energy Efficiency and 
        Renewable Energy'', to remain available until expended, for 
        necessary expenses for a program to accelerate the research, 
        development, demonstration, and deployment of new materials for 
        improving the energy efficiency of transportation, electric 
        power and other technologies, as authorized by section 641 of 
        the Energy Independence and Security Act of 2007 (Public Law 
        110-140).
            (9) Geothermal energy development.--(A) For fiscal year 
        2008, the Secretary shall transfer $30,000,000 to the account 
        ``Energy Efficiency and Renewable Energy'', to remain available 
        until expended, for necessary expenses for a program for 
        geothermal research and development activities to be managed by 
        the National Renewable Energy Laboratory, as authorized by 
        section 931(a)(2)(C) of the Energy Policy Act of 2005 (42 
        U.S.C. 16231(a)(2)(C)); and
            (B) For fiscal year 2008, the Secretary shall transfer 
        $30,000,000 to the account ``Fossil Energy Research and 
        Development'', to remain available until expended, for 
        necessary expenses for a program of advanced geothermal 
        drilling and resource characterization to be managed by the 
        National Energy Technology Laboratory.
            (10) Carbon capture and storage.--For fiscal year 2008, the 
        Secretary shall transfer $385,000,000 to the account ``Fossil 
        Energy Research and Development'', to remain available until 
        expended, for necessary expenses for a program of demonstration 
        projects of carbon capture and storage, as authorized by 
        sections 702 and 703 of the Energy Independence and Security 
        Act of 2007 (Public Law 110-140). Notwithstanding any other 
        provision of law, one of the demonstration projects shall be a 
        component of the FutureGen project.
            (11) Nonconventional domestic natural gas and petroleum 
        production and environmental research.--
                    (A) For fiscal year 2008, the Secretary shall 
                transfer $50,000,000 to the ``Ultra-Deepwater and 
                Unconventional Natural Gas and Other Petroleum Research 
                Fund'', to remain available until expended, as 
                authorized by section 999H(e) of the Energy Policy Act 
                of 2005 (42 U.S.C. 16378(e)).
                    (B) For fiscal year 2008, the Secretary shall 
                transfer $15,000,000 to the account ``Fossil Energy 
                Research and Development'', to remain available until 
                expended, for necessary expenses for a program of 
                environmental research in support of small producers of 
                domestic petroleum and natural gas, for regulatory 
                analysis and for support for the stripper well 
                consortium.
            (12) Hydrogen research and development.--For fiscal year 
        2008, the Secretary shall transfer $5,000,000 to the account 
        ``Energy Efficiency and Renewable Energy'', to remain available 
        until expended, for necessary expenses for the Department's H-
        Prize Program, as authorized by section 654 of the Energy 
        Independence and Security Act of 2007 (Public Law 110-140).
    (e) Amendments.--(1) Section 999F of the Energy Policy Act of 2005 
(42 U.S.C. 16376) is amended by striking ``2014'' and inserting 
``2017''.
    (2) Section 999B(e) of that Act (42 U.S.C.16372(e)) is amended by 
striking paragraph (3) and inserting the following:
            ``(3) Publication.--The Secretary shall publish in the 
        Federal Register the annual plan, along with any written 
        comments received under paragraph (2)(A) and (B).''.
    (3) Section 999H(b) of that Act (42 U.S.C.16378(b)) is amended by 
inserting ``, and shall be exempt from subchapter II of chapter 15 of 
title 31, United States Code'' after ``available until expended''.
    (f) Transfer Procedures.--The Secretary shall make an initial 
transfer from the Fund no later than 30 days after the initial deposit 
of monies into the Fund. The Secretary shall make additional transfers 
no later than 30 days after subsequent deposits, until the full amounts 
authorized for fiscal 2008 have been transferred. To the extent that 
any transfer in fiscal 2008 is less than the authorized total, the 
transfers shall be made on a pro rata basis.
    (g) Management and Oversight.--
            (1) Additionality of fiscal year 2008 transfers.--All 
        amounts transferred under subsection (d)(1) shall be in 
        addition to, and shall not be substituted for, any funds 
        appropriated for the same or similar purposes in the 
        Consolidated Appropriations Act, 2008.
            (2) Program plans and performance measures.--The Secretary 
        shall prepare and publish in the Federal Register a plan for 
        the proposed use of all funds authorized in subsection (d). The 
        plan also shall identify how the use of these funds will be 
        additive to, and not displace annual appropriations. The plans 
        also shall identify performance measures to assess the 
        additional benefits that may be realized from the application 
        of the additional funding provided under this section. The 
        initial plan shall be published in the Federal Register within 
        90 days from enactment of this section, and shall be updated 
        annually and submitted to Congress together with the 
        President's budget.
            (3) Congressional oversight and review.--Nothing in this 
        section shall limit or restrict the review and oversight of 
        program plans by the appropriate committees of Congress. 
        Nothing in this section shall limit or restrict the authority 
        of Congress to set alternative spending limitations in annual 
        appropriations Acts.
            (4) Apportionment.--All transactions of the Fund shall be 
        exempt from apportionment under the provisions of subchapter II 
        of chapter 15 of title 31, United States Code.
            (5) Use of other transactions authority.--(A) Any 
        solicitation for research, development, or demonstration 
        project proposals to be funded under this section shall provide 
        for and encourage the use of Other Transactions Authority, 
        including Technology Investment Agreements as authorized by 
        section 646(g) of the Department of Energy Organization Act (42 
        U.S.C. 7256) and Part 603 of the Department of Energy 
        Acquisition Regulation.
            (B) Any solicitation for a commercial demonstration project 
        under this section shall require the use of Other Transactions 
        Authority, including Technology Investment Agreements, as 
        authorized by section 646(g) of the Department of Energy 
        Organization Act (42 U.S.C. 7256) and Part 603 of the 
        Department of Energy Acquisition Regulation.
[A]: Invest in Energy Security Act - Amends the Energy Policy Act of 2005 governing petroleum acquisition for the Strategic Petroleum Reserve (SPR) to direct the Secretary of Energy to: (1) sell specified quantities of petroleum received under the royalty-in-kind program; and (2) suspend petroleum acquisition for the SPR under such program.

Authorizes the Secretary to resume such acquisition upon notifying Congress that specified circumstances exist, and to suspend acquisition again if certain other circumstances arise.



Establishes the Energy Independence and Security Fund to receive all proceeds from sales of SPR petroleum.

Allocates amounts from such Fund for: (1) the Energy Transformation Acceleration Fund for university-based research projects and program direction expenses; (2) Energy Efficiency and Renewable Energy account for rural wind energy systems; (3) solar energy technologies; (4) weatherization assistance for low-income housing; (5) ocean and wave energy, including hydrokinetic renewable energy; (6) technologies to improve the energy efficiency and reduce greenhouse gas emissions from industrial processes and from buildings; (7) improvements to the energy efficiency of transportation and electric power; (8) geothermal research and development managed by the National Renewable Energy Laboratory; (9) advanced geothermal drilling and resource characterization managed by National Energy Technology Laboratory; (10) carbon capture and storage; (11) Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund; (12) environmental research in support of small producers of domestic petroleum and natural gas, for regulatory analysis and for support for the stripper well consortium; and (13) the H-Prize Program of the Department of Energy.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Miccosukee Settlement Act of 1997''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds and declares that--
            (1) there is pending before the United States District 
        Court for the Southern District of Florida a lawsuit by the 
        Miccosukee Tribe which involves the taking of certain tribal 
        lands in connection with the construction of highway interstate 
        75 by the Florida Department of Transportation;
            (2) the pendency of this lawsuit clouds title of certain 
        lands used in the maintenance and operation of the highway and 
        hinders proper planning for future maintenance and operations;
            (3) the Florida Department of Transportation, with the 
        concurrence of the board of trustees of the Internal 
        Improvements Trust Fund of the State of Florida, and the 
        Miccosukee Tribe have executed an agreement for the purpose of 
        resolving the dispute and settling the lawsuit, which agreement 
        requires consent of the Congress in connection with 
        contemplated land transfers;
            (4) the settlement agreement is in the interests of the 
        Miccosukee Tribe in that the tribe will receive certain 
        monetary payments, new reservation land to be held in trust by 
        the United States, and other benefits;
            (5) land received by the United States pursuant to the 
        settlement agreement is in consideration of Miccosukee Indian 
        Reservation land lost by the Miccosukee Tribe by virtue of 
        transfer to the Florida Department of Transportation under the 
        settlement agreement, and such United States land therefore 
        shall be held in trust by the United States for the use and 
        benefit of the Miccosukee Tribe as Miccosukee Indian 
        Reservation land in compensation for the consideration given by 
        the tribe in the settlement agreement; and
            (6) Congress shares with the parties to the settlement 
        agreement a desire to resolve the dispute and settle the 
        lawsuit.

SEC. 3. DEFINITIONS.

    For the purposes of this Act--
            (1) the terms ``Miccosukee Tribe'' and ``tribe'' mean the 
        Miccosukee Tribe of Indians of Florida, a tribe of American 
        Indians recognized by the United States and organized under 
        section 16 of the Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 
        476), and recognized by the State of Florida pursuant to 
        chapter 285, Florida Statutes;
            (2) the term ``Miccosukee land'' means land held in trust 
        by the United States for the use and benefit of the Miccosukee 
        Tribe as Miccosukee Indian Reservation land which is identified 
        pursuant to the settlement agreement for transfer to the 
        Florida Department of Transportation;
            (3) the term ``Florida Department of Transportation'' means 
        the executive branch department and agency of the State of 
        Florida responsible for, among other matters, the construction 
        and maintenance of surface vehicle roads, existing pursuant to 
        section 20.23, Florida Statutes, with authority to execute the 
        settlement agreement pursuant to section 334.044, Florida 
        Statutes;
            (4) the term ``board of trustees of the Internal 
        Improvements Trust Fund'' means the agency of the State of 
        Florida holding legal title to and responsible for trust 
        administration of certain lands of the State of Florida, 
        consisting of the Florida Governor, Attorney General, 
        Commissioner of Agriculture, Commissioner of Education, 
        Controller, Secretary of State, and Treasurer sitting as 
        trustees;
            (5) the term ``State of Florida'' means all agencies or 
        departments of the State of Florida, including the Florida 
        Department of Transportation and the board of trustees of the 
        Internal Improvements Trust Fund, as well as the State itself 
        as a governmental entity;
            (6) the term ``Secretary'' means the United States 
        Secretary of the Interior;
            (7) the term ``land transfers'' means those lands 
        identified in the settlement agreement for transfer from the 
        United States to the Florida Department of Transportation and 
        those lands identified in the settlement agreement for transfer 
        from the State of Florida to the United States;
            (8) the term ``lawsuit'' means the action in the United 
        States District Court for the Southern District of Florida, 
        entitled Miccosukee Tribe of Indians of Florida v. State of 
        Florida and Florida Department of Transportation, et al., 
        docket number 91-6285-Civ-Paine; and
            (9) the terms ``settlement agreement'' and ``agreement'' 
        mean those documents entitled ``settlement agreement'' (with 
        incorporated exhibits), which identifies the lawsuit in the 
        first paragraph, which was signed on page 15 therein on August 
        28, 1996, by Ben G. Watts (Secretary of the Florida Department 
        of Transportation) and Billy Cypress (Chairman of the 
        Miccosukee Tribe), and thereafter concurred in by the board of 
        trustees of the Internal Improvements Trust Fund of the State 
        of Florida.

SEC. 4. AUTHORITY OF SECRETARY.

    As trustee for the Miccosukee Tribe, the Secretary shall:
            (1) Aid and assist in the fulfillment of the settlement 
        agreement at all times and in all reasonable manner, and 
        cooperate with and assist the Miccosukee Tribe for this 
        purpose.
            (2) Upon finding that the settlement agreement is legally 
        sufficient and that the State of Florida and its agencies have 
        the necessary authority to fulfill the agreement, sign the 
        settlement agreement on behalf of the United States, and have a 
        representative of the Bureau of Indian Affairs sign the 
        settlement agreement as well.
            (3) Upon finding that all necessary conditions precedent to 
        the transfer of Miccosukee land to the Florida Department of 
        Transportation as provided in the settlement agreement have 
        been or will be met so that the agreement has been or will be 
        fulfilled but for the execution of this land transfer and 
        related land transfers, transfer ownership of the Miccosukee 
        land to the Florida Department of Transportation as provided in 
        the settlement agreement, including in such transfer solely and 
        exclusively that Miccosukee land identified in the settlement 
        agreement for such transfer and no other land.
            (4) Upon finding that all necessary conditions precedent to 
        the transfer of Florida land to the United States have been or 
        will be met so that the agreement has been or will be fulfilled 
        but for the execution of this land transfer and related land 
        transfers, receive and accept in trust for the use and benefit 
        of the Miccosukee Tribe ownership of all land identified in the 
        settlement agreement for transfer to the United States, 
        constituting thereby Indian Reservation lands of the Miccosukee 
        Tribe.

            Passed the House of Representatives November 13, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
[A]:
Miccosukee Settlement Act of 1997 - Directs the Secretary of the Interior, as trustee for the Miccosukee Tribe, to assist in the fulfillment of the settlement agreement concerning the transfer of: (1) certain Miccosukee tribal land to the Florida Department of Transportation; and (2) certain Florida land to the United States to be received and accepted in trust for the use and benefit of the Miccosukee Tribe, constituting thereby Indian Reservation lands of the Miccosukee Tribe.