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Q: SECTION 1. ENERGY ASSISTANCE FUND.

(a) Definitions.--In this section:
(1) Fund.--The term ''Fund'' means the Energy Assistance
Fund established by subsection (b).
(2) Secretary concerned.--The term ''Secretary concerned''
means, with respect to programs carried out by each Secretary--
(A) the Secretary of Agriculture;
(B) the Secretary of Energy;
(C) the Secretary of Housing and Urban Development;
(D) the Secretary of Transportation; and
(E) the Administrator of the Small Business
Administration.
(b) Establishment.--There is established in the Treasury of the
United States a revolving fund, to be known as the ''Energy Assistance
Fund'', consisting of such amounts as are appropriated to the Fund
under subsection (h)(1).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary concerned, the Secretary of the Treasury shall
transfer from the Fund to the Secretary concerned such amounts
as the Secretary concerned determines are necessary to provide
to carry out 1 or more qualified purposes described in
subsections (d), (e), and (f).
(2) Administrative expenses.--An amount not exceeding 10
percent of the amounts in the Fund shall be available for each
fiscal year to pay the administrative expenses necessary to
carry out this section.
(d) Low-Interest Loan Guarantees for Purchase and Installation of
Qualifying Energy Efficient Property.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons to purchase and install qualifying property,
the Secretary concerned may guarantee loans made to eligible
United States persons for the purchase and installation of
qualifying property.
(2) Qualifying property.--For the purpose of paragraph (1),
qualifying property means--
(A) any component which constitutes a qualified
energy efficiency improvement (as defined in section
25C(c) of the Internal Revenue Code of 1986);
(B) property to heat water for use in a dwelling
unit located in the United States and used a residence
by the person if at least half of the energy used by
such property for such purpose is derived from the sun;
(C) property which uses solar energy to generate
electricity for use in a dwelling unit located in the
United States and used by the person (in the case of an
individual) as a residence;
(D) qualified fuel cell property (as defined in
section 48(c)(1) of that Code) installed on or in
connection with a dwelling unit located in the United
States and used as a principal residence (within the
meaning of section 121 of that Code) by the person (in
the case of an individual); or
(E) a compliant stove (as defined in section
25E(c)(2) of that Code) which--
(i) is installed in a dwelling unit located
in the United States; and
(ii) replaces a noncompliant stove (as
defined in section 25E(c)(3) of that Code) used
in such dwelling unit.
(3) Eligibility.--To be eligible to receive a loan
guarantee under this subsection, a person that is an individual
shall have a household income of not to exceed 115 percent of
the national median household income, as determined by the
Secretary concerned.
(4) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(5) Amount.--The amount of a loan made to a person that is
guaranteed under this subsection shall equal the lesser of--
(A) 90 percent of the difference between--
(i) the cost incurred by the person for the
purchase and installation of the qualifying
property, as approved by the Secretary; and
(ii) the amount of any credit allowable to
the person with respect to such property under
section 25C, 25D, or 25E, of the Internal
Revenue Code of 1986; or
(B) $30,000.
(6) Term of loans.--A loan guaranteed under this subsection
shall have a term of not to exceed 15 years.
(e) Low-Interest Loan Guarantees for Purchase and Installation of
Idling Reduction and Advanced Insulation for Heavy Trucks.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons to purchase and install idling reduction
devices described in section 4053(9) of the Internal Revenue
Code of 1986 or advanced insulation described in section
4053(10) of such Code, the Secretary concerned may guarantee
loans made to United States persons for the purchase and
installation of such idling reduction devices and advanced
insulation.
(2) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(3) Amount.--
(A) In general.--The amount of a loan made to a
person that is guaranteed under this subsection shall
equal 90 percent of the difference between--
(i) the cost incurred by the person for the
purchase and installation of the idling
reduction devices and advanced insulation
described in subsection (a), as approved by the
Secretary concerned; and
(ii) 12 percent of the amount for which the
idling reduction devices or advanced insulation
was sold.
(B) Special rules.--In the case of any property
described in paragraphs (2), (3), or (4) of section
4051(a) of the Internal Revenue Code of 1986, the
amount determined under subparagraph (A) shall be zero.
(C) Determination of price.--Rules similar to the
rules of section 4052(b) of the Internal Revenue Code
of 1986 shall apply for purposes of subparagraph (B).
(4) Loan terms.--The Secretary concerned shall establish
terms for loans guaranteed under this subsection, as determined
by the Secretary concerned.
(f) Low-Interest Loan Guarantees for Purchase and Installation of
Alternative Refueling Stations.--
(1) In general.--To the extent that the Secretary concerned
has authority under other law to make or guarantee loans or
grants to persons for the purchase and installation of any
qualified alternative fuel vehicle refueling property (as
defined in section 30C(c) of the Internal Revenue Code of
1986), the Secretary concerned may guarantee loans made to
United States persons for the purchase and installation of any
such qualified alternative fuel vehicle refueling property
placed in service by the person during a taxable year.
(2) Use of loan.--The recipient of a loan guaranteed under
this subsection may use the loan only to fund improvements to
property owned by, and for the benefit of, the recipient.
(3) Amount.--The amount of a loan made to a person that is
guaranteed under this subsection shall equal 90 percent of the
difference between--
(A) the cost incurred by the person for the
purchase and installation of the qualified alternative
fuel vehicle refueling property described in paragraph
(1), as approved by the Secretary concerned; and
(B) the amount of any credit allowable to the
person under section 30C of the Internal Revenue Code
of 1986.
(4) Loan terms.--The Secretary concerned shall establish
terms for loans guaranteed under this subsection, as determined
by the Secretary concerned.
(g) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(h) Funding.--
(1) Mandatory funding.--
(A) In general.--Notwithstanding any other
provision of law, on October 1, 2009, out of any funds
in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Fund
for the cost of loans to carry out the purposes of the
Fund $1,000,000,000, to remain available until
expended.
(B) Receipt and acceptance.--The Fund shall be
entitled to receive, shall accept, and shall use to
carry out the purposes of the Fund the funds
transferred under subparagraph (A), without further
appropriation.
(2) Authorization of appropriations.--
(A) In general.--In addition to the amount made
available under paragraph (1), there are authorized to
be appropriated to the Fund such sums as are necessary
to carry out the purposes of the Fund.
(B) Additional funding.--To the extent that a
Secretary described in subsection (a) has authority
under other law to make or guarantee loans or grants
described in subsection (d)(1), (e)(1), or (f)(1), in
addition to any other funds made available to carry out
that authority under any other provision of law, there
are authorized to be appropriated to the Secretary such
sums as are necessary for the Secretary to provide
additional loans, loan guarantees, or grants under that
authority.

A: Establishes in the Treasury the Energy Assistance Fund.

Directs the Secretary of the Treasury, upon request of the Secretary concerned, to transfer amounts from the Fund to that Secretary to make or guarantee low-interest loans or grants to U.S. persons to purchase and install: (1) qualifying energy efficient property in their principal dwelling (i.e., solar powered property to heat water or generate electricity, fuel cells, or compliant stoves); (2) idling reduction devices or advanced insulation in heavy trucks; and (3) qualified alternative fuel vehicle refueling property at a station.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Broadband Opportunity and
Affordability Act''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The adoption of broadband service results in enhanced
economic development and public safety for communities across
the Nation, improved health care and educational opportunities,
and a better quality of life for all Americans.
(2) Continued progress in the adoption of broadband service
is vital to ensuring that the United States remains competitive
and continues to create business opportunities and job growth.
(3) The price of broadband service is a barrier to adoption
for low-income households and can be an impediment to full
participation in the emerging broadband economy.

SEC. 3. PILOT PROGRAM TO EXPAND LIFELINE PROGRAM TO INCLUDE BROADBAND
SERVICE.

Section 254(j) of the Communications Act of 1934 (47 U.S.C. 254(j))
is amended to read as follows:
''(j) Lifeline Assistance.--
''(1) Impact of section on lifeline assistance program.--
Except as provided in paragraph (2), nothing in this section
shall affect the collection, distribution, or administration of
the Lifeline program.
''(2) Pilot program to expand lifeline program to include
broadband service.--As soon as practicable after the date of
enactment of the Broadband Opportunity and Affordability Act,
the Commission shall implement a 2-year pilot program to expand
the Lifeline program to reduce the cost of broadband service
for low-income consumers that will--
''(A) apply to such broadband service as the
Commission may determine to be appropriate for purposes
of the pilot program;
''(B) provide such levels of support as the
Commission may determine to be appropriate for such
purposes;
''(C) be available to such consumers as the
Commission may determine to be appropriate for such
purposes under such eligibility criteria as the
Commission may determine to be appropriate for such
purposes; and
''(D) reimburse broadband service providers for
each customer served, subject to prior authorization
from the Commission to participate in the pilot
program.
''(3) Criteria for pilot program.--In developing the pilot
program required by paragraph (2), the Commission shall
consider--
''(A) whether State matching funds must be provided
as a condition of eligibility for low-income households
within a State;
''(B) the prevailing market rate for broadband
service and the prevailing speed of broadband service
adopted by households, using information that the
Commission routinely collects or that is publicly
available; and
''(C) how to ensure that the program is neutral as
to the types of technology used to provide broadband
service in order to promote competition from broadband
service providers to qualify for participation in the
pilot program.
''(4) Status report.--After the pilot program has been
operational for 18 months, the Commission shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Energy and Commerce on the status of the pilot program.
''(5) Lifeline program defined.--In this subsection, the
term 'Lifeline program' means the service described in section
54.401(a) of the Commission's regulations (47 C.F.R.
54.401(a)).''.

SEC. 4. EXPANSION OF LINK UP PROGRAM REPORT.

(a) In General.--Within 180 days after the date of enactment of
this Act, the Federal Communications Commission shall initiate a notice
of inquiry with public notice and opportunity for comment, to
determine--
(1) whether the Link Up program could be expanded to reduce
the cost of initiating broadband service through providing
support for computer ownership;
(2) what equipment would be supported by such an expansion;
(3) how much support would be available with such an
expansion; and
(4) the eligibility criteria for consumers to qualify for
such an expansion.
(b) Report.--The Commission shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce containing the
Commission's findings, conclusions, and recommendations from the
inquiry.
(c) Link Up Program Defined.--In this section, the term ''Link Up
program'' means the service described in section 54.411(a) of the
Commission's regulations (47 U.S.C. 54.411(a)).

A: Broadband Opportunity and Affordability Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to implement a two-year pilot program to expand the Lifeline program to reduce the cost of broadband service for low-income consumers.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Religious Liberty Protection Act of
1999''.

SEC. 2. PROTECTION OF RELIGIOUS EXERCISE.

(a) General Rule.--Except as provided in subsection (b), a
government shall not substantially burden a person's religious
exercise--
(1) in a program or activity, operated by a government,
that receives Federal financial assistance; or
(2) in any case in which the substantial burden on the
person's religious exercise affects, or in which a removal of
that substantial burden would affect, commerce with foreign
nations, among the several States, or with Indian tribes,
even if the burden results from a rule of general applicability.
(b) Exception.--A government may substantially burden a person's
religious exercise if the government demonstrates that application of
the burden to the person--
(1) is in furtherance of a compelling governmental
interest; and
(2) is the least restrictive means of furthering that
compelling governmental interest.
(c) Remedies of the United States.--Nothing in this section shall
be construed to authorize the United States to deny or withhold Federal
financial assistance as a remedy for a violation of this Act. However,
nothing in this subsection shall be construed to deny, impair, or
otherwise affect any right or authority of the Attorney General or the
United States or any agency, officer, or employee thereof under other
law, including section 4(d) of this Act, to institute or intervene in
any action or proceeding.

SEC. 3. ENFORCEMENT OF CONSTITUTIONAL RIGHTS.

(a) Procedure.--If a claimant produces prima facie evidence to
support a claim alleging a violation of the Free Exercise Clause or a
violation of a provision of this Act enforcing that clause, the
government shall bear the burden of persuasion on any element of the
claim; however, the claimant shall bear the burden of persuasion on
whether the challenged government practice, law, or regulation burdens
or substantially burdens the claimant's exercise of religion.
(b) Land Use Regulation.--
(1) Limitation on land use regulation.--
(A) Where, in applying or implementing any land use
regulation or exemption, or system of land use
regulations or exemptions, a government has the
authority to make individualized assessments of the
proposed uses to which real property would be put, the
government may not impose a substantial burden on a
person's religious exercise, unless the government
demonstrates that application of the burden to the
person is in furtherance of a compelling governmental
interest and is the least restrictive means of
furthering that compelling governmental interest.
(B) No government shall impose or implement a land
use regulation in a manner that does not treat
religious assemblies or institutions on equal terms
with nonreligious assemblies or institutions.
(C) No government shall impose or implement a land
use regulation that discriminates against any assembly
or institution on the basis of religion or religious
denomination.
(D) No government with zoning authority shall
unreasonably exclude from the jurisdiction over which
it has authority, or unreasonably limit within that
jurisdiction, assemblies or institutions principally
devoted to religious exercise.
(2) Full faith and credit.--Adjudication of a claim of a
violation of the Free Exercise Clause or this subsection in a
non-Federal forum shall be entitled to full faith and credit in
a Federal court only if the claimant had a full and fair
adjudication of that claim in the non-Federal forum.
(3) Nonpreemption.--Nothing in this subsection shall
preempt State law that is equally or more protective of
religious exercise.

SEC. 4. JUDICIAL RELIEF.

(a) Cause of Action.--A person may assert a violation of this Act
as a claim or defense in a judicial proceeding and obtain appropriate
relief against a government. Standing to assert a claim or defense
under this section shall be governed by the general rules of standing
under article III of the Constitution.
(b) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended--
(1) by inserting ''the Religious Liberty Protection Act of
1998,'' after ''Religious Freedom Restoration Act of 1993,'';
and
(2) by striking the comma that follows a comma.
(c) Prisoners.--Any litigation under this Act in which the claimant
is a prisoner shall be subject to the Prison Litigation Reform Act of
1995 (including provisions of law amended by that Act).
(d) Authority of United States To Enforce This Act.--The United
States may sue for injunctive or declaratory relief to enforce
compliance with this Act.

SEC. 5. RULES OF CONSTRUCTION.

(a) Religious Belief Unaffected.--Nothing in this Act shall be
construed to authorize any government to burden any religious belief.
(b) Religious Exercise Not Regulated.--Nothing in this Act shall
create any basis for restricting or burdening religious exercise or for
claims against a religious organization, including any religiously
affiliated school or university, not acting under color of law.
(c) Claims to Funding Unaffected.--Nothing in this Act shall create
or preclude a right of any religious organization to receive funding or
other assistance from a government, or of any person to receive
government funding for a religious activity, but this Act may require
government to incur expenses in its own operations to avoid imposing a
burden or a substantial burden on religious exercise.
(d) Other Authority To Impose Conditions on Funding Unaffected.--
Nothing in this Act shall--
(1) authorize a government to regulate or affect, directly
or indirectly, the activities or policies of a person other
than a government as a condition of receiving funding or other
assistance; or
(2) restrict any authority that may exist under other law
to so regulate or affect, except as provided in this Act.
(e) Governmental Discretion in Alleviating Burdens on Religious
Exercise.--A government may avoid the preemptive force of any provision
of this Act by changing the policy that results in the substantial
burden on religious exercise, by retaining the policy and exempting the
burdened religious exercise, by providing exemptions from the policy
for applications that substantially burden religious exercise, or by
any other means that eliminates the substantial burden.
(f) Effect on Other Law.--In a claim under section 2(a)(2) of this
Act, proof that a substantial burden on a person's religious exercise,
or removal of that burden, affects or would affect commerce, shall not
establish any inference or presumption that Congress intends that any
religious exercise is, or is not, subject to any other law.
(g) Broad Construction.--This Act should be construed in favor of a
broad protection of religious exercise, to the maximum extent permitted
by its terms and the Constitution.
(h) Severability.--If any provision of this Act or of an amendment
made by this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of this
Act, the amendments made by this Act, and the application of the
provision to any other person or circumstance shall not be affected.

SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED.

Nothing in this Act shall be construed to affect, interpret, or in
any way address that portion of the first amendment to the Constitution
prohibiting laws respecting an establishment of religion (referred to
in this section as the ''Establishment Clause''). Granting government
funding, benefits, or exemptions, to the extent permissible under the
Establishment Clause, shall not constitute a violation of this Act. As
used in this section, the term ''granting'', used with respect to
government funding, benefits, or exemptions, does not include the
denial of government funding, benefits, or exemptions.

SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM RESTORATION ACT.

(a) Definitions.--Section 5 of the Religious Freedom Restoration
Act of 1993 (42 U.S.C. 2000bb-2) is amended--
(1) in paragraph (1), by striking ''a State, or subdivision
of a State'' and inserting ''a covered entity or a subdivision
of such an entity'';
(2) in paragraph (2), by striking ''term'' and all that
follows through ''includes'' and inserting ''term 'covered
entity' means''; and
(3) in paragraph (4), by striking all after ''means,'' and
inserting ''any exercise of religion, whether or not compelled
by, or central to, a system of religious belief, and includes
(A) the use, building, or conversion of real property by a
person or entity intending that property for religious
exercise; and (B) any conduct protected as exercise of religion
under the first amendment to the Constitution.''.
(b) Conforming Amendment.--Section 6(a) of the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb-3(a)) is amended by striking
''and State''.

SEC. 8. DEFINITIONS.

As used in this Act--
(1) the term ''religious exercise'' means any exercise of
religion, whether or not compelled by, or central to, a system
of religious belief, and includes (A) the use, building, or
conversion of real property by a person or entity intending
that property for religious exercise; and (B) any conduct
protected as exercise of religion under the first amendment to
the Constitution;
(2) the term ''Free Exercise Clause'' means that portion of
the first amendment to the Constitution that proscribes laws
prohibiting the free exercise of religion and includes the
application of that proscription under the 14th amendment to
the Constitution;
(3) the term ''land use regulation'' means a law or
decision by a government that limits or restricts a private
person's uses or development of land, or of structures affixed
to land, where the law or decision applies to one or more
particular parcels of land or to land within one or more
designated geographical zones, and where the private person has
an ownership, leasehold, easement, servitude, or other property
interest in the regulated land, or a contract or option to
acquire such an interest;
(4) the term ''program or activity'' means a program or
activity as defined in paragraph (1) or (2) of section 606 of
the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a);
(5) the term ''demonstrates'' means meets the burdens of
going forward with the evidence and of persuasion; and
(6) the term ''government''--
(A) means--
(i) a State, county, municipality, or other
governmental entity created under the authority
of a State;
(ii) any branch, department, agency,
instrumentality, subdivision, or official of an
entity listed in clause (i); and
(iii) any other person acting under color
of State law; and
(B) for the purposes of sections 3(a) and 5,
includes the United States, a branch, department,
agency, instrumentality or official of the United
States, and any person acting under color of Federal
law.

Passed the House of Representatives July 15, 1999.

Attest:

JEFF TRANDAHL,

Clerk.

A:
Religious Liberty Protection Act of 1999 - Prohibits a government (defined as a State, an entity created under State authority, the United States, an instrumentality or official of the United States, or any person acting under color of State or Federal law) from substantially burdening a person's religious exercise: (1) in a government-operated program or activity receiving Federal financial assistance; or (2) in any case in which the burden affects, or in which removal of the burden would affect, international or interstate commerce or commerce with Indian tribes. Allows a substantial burden if the government demonstrates that it is the least restrictive means of furthering a compelling governmental interest. (Sec. 3) Places the burden of persuasion, when a claimant alleges a violation of the Free Exercise Clause or this Act, on: (1) the claimant regarding whether a substantial burden exists; and (2) the State regarding any other element of the claim. Prohibits a State, when applying a land use regulation or exemption in which the State has the authority to make individual assessments of proposed uses, from imposing a substantial burden unless the State demonstrates a that the burden is the least restrictive means of furthering a compelling governmental interest. Prohibits a State from: (1) imposing a land use regulation in a way that does not treat religious assemblies or institutions on equal terms with nonreligious assemblies or institutions; (2) imposing a land use regulation that discriminates against any assembly or institution on the basis of religion or religious denomination; or (3) unreasonably excluding or limiting from a jurisdiction assemblies or institutions principally devoted to religious exercise. Declares that adjudication of a claim of a violation of the Free Exercise Clause or this paragraph in a non-Federal forum shall be entitled to full faith and credit in a Federal court only if the claimant had a full and fair adjudication of that claim in the non-Federal forum. Declares that this Act does not preempt State law that is equally or more protective of religious exercise. (Sec. 4) Empowers a person to assert a violation of this Act as a claim or defense in a judicial proceeding and obtain appropriate relief against a government, with standing governed by general standing rules under article III of the Constitution. Amends Federal law to add a reference to the Religious Liberty Protection Act of 1998 (sic) to provisions allowing the award of attorney's fees. Applies the Prison Litigation Reform Act of 1995 to litigation under this Act by prisoners. Empowers the United States to sue for injunctive or declaratory relief to enforce this Act. (Sec. 5) Declares that this Act does not: (1) authorize a State to burden any religious belief; (2) create any basis for burdening religious exercise or for claims against a religious organization not acting under color of law; (3) create or preclude a right of any religious organization to receive government funding or assistance or of any person to receive government funding for a religious activity (but allows this Act to require government to incur expenses in its own operations to avoid imposing a burden or a substantial burden on religious exercise); (4) authorize a government to regulate or affect, directly or indirectly, the activities or policies of a person other than a government as a condition of receiving funding or other assistance; or (5) restrict any authority that may exist under other law to so regulate or affect, except as provided in this Act. Declares that this Act should be construed in favor of broad protection of religious exercise, to the maximum extent permitted by its terms and the Constitution. (Sec. 6) Declares that nothing in this Act shall be construed to affect, interpret, or address the Establishment Clause of the Constitution (prohibiting laws respecting an establishment of religion). (Sec. 7) Amends the Religious Freedom Restoration Act of 1993 to end its applicability to the States and to make it applicable only to the Federal Government, the District of Columbia, Puerto Rico, and U.S. territories and possessions. Redefines exercise of religion to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution. (Sec. 8) Defines, for this Act, religious exercise to mean any exercise of religion, whether or not compelled by or central to a system of religious belief, including: (1) the use, building, or converting of real property for religious exercise; and (2) any conduct protected as a religious exercise under the first amendment to the Constitution.
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