FiscalNote/billsum · Datasets at Hugging Face

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SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provision.	Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization. Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law. Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law. Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.	A bill to limit the civil liability of business entities providing use of facilities to nonprofit organizations.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights Information Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The people of the United States consider the national and international protection and promotion of human rights and the rule of law the most important values of any democracy. The founding fathers defined human rights prominently in the Bill of Rights, giving those rights a special priority and protection in the Constitution. (2) Federal agencies are in possession of documents pertaining to gross human rights violations abroad which are needed by foreign authorities to document, investigate, and subsequently prosecute instances of continued and systematic gross human rights violations, including those directed against citizens of the United States. (3) The United States will continue to receive requests from foreign authorities for legal assistance regarding human rights violations, including the declassification of documents. In addition to requests by Guatemala and Honduras, a Spanish court magistrate, Baltasar Garzon, recently requested from the United States information on General Augusto Pinochet. Currently, the United States responds to declassification requests by following procedures outlined in Presidential directives and executive orders. The overwhelming interest of the United States in the protection and promotion of human rights nationally and internationally requires a significant strengthening of existing declassification procedures, including section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). (4) The expedient declassification of human rights documents in full compliance with United States security interests according to the procedures outlined in this Act will protect global human rights by strengthening the rule of law internationally, creating a crucial level of accountability of Federal agencies, and will result in significant saving of Government resources. (5) The commitment to the promotion and protection of human rights and democracy around the world has led the United States to undertake tremendous diplomatic, economic, and military efforts to end systematic gross human rights violations abroad, consistent with the national interests and international leadership role of the United States. In addition, countless humanitarian United States nongovernmental organizations and citizens of the United States promote human rights and democracy in foreign countries. These efforts are thwarted if the cycle of impunity for human rights violations is not broken in those countries, and the likelihood of the need for renewed United States engagements in those areas remains. (6) The United States therefore has a significant interest that newly established or reestablished democratic societies take credible steps to fully investigate and prosecute human rights violations. These steps can include the creation of a national or international truth commission or tribunal, the appointment of a human rights officer, or official national investigations led by credible sections of the civil society, including churches and nongovernmental organizations. (7) The United States has long provided international leadership to end impunity for gross human rights violations and to promote the rule of law around the world by establishing and supporting the Nuremberg and Tokyo War Crimes Tribunal; in addition, the United States has actively participated in, among others, the International War Crimes Tribunals on the former Yugoslavia and Rwanda. (8) The United States has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which in article 9 obligates parties to ``afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any [acts of, attempts of, or complicity in acts of torture], including the supply of all evidence at their disposal necessary for the proceedings.'' In addition, as a member State of the Organization of American States, the United States should seek to follow the December 8, 1998, recommendation of the Inter-American Commission on Human Rights ``that member States of the Organization of American States adopt legislative and such other measures as may be necessary to effectuate the right of free access to information in files and documents in the power of the State, particularly in cases of investigations to establish criminal responsibility for international crimes and serious violations of human rights.'' (9) The Guatemalan peace accords, which the Government of the United States firmly supports, included as an important and vital component an investigation and a report by the Commission for the Historical Clarification of Human Rights Violations and Acts of Violence which have Caused Suffering to the Guatemalan People (referred to in this Act as the ``Clarification Commission''). Despite the conclusion of this investigation, many questions, including the identity of perpetrators of human rights violations as well as the location of bodies of the ``disappeared'', remain unanswered. The Clarification Commission explicitly recommended that ``all available legal and material resources should be utilized [by the Guatemalan Government] to clarify the whereabouts of the disappeared and, in the case of death, to deliver the remains to the relatives.'' (10) Two days after presenting a parallel investigation, ``Guatemala: Never Again'', by the Historical Memory Recovery Project by the Archbishop of Guatemala, the director of the project, Bishop Juan Jose Gerardi, was assassinated. (11) President Clinton stated in Guatemala on March 10, 1999, that ``[f]or the United States, it is important that I state clearly that support for military forces or intelligence units which engaged in violent and widespread repression of the kind described in the report [by the Clarification Commission] was wrong, and the United States must not repeat that mistake. We must, and we will, instead, continue to support the peace and reconciliation process in Guatemala.'' (12) The National Commissioner for the Protection of Human Rights in the Republic of Honduras has been requesting documentation of the United States on human rights violations in Honduras since November 15, 1993. The Commissioner's request has been partly fulfilled, but aspects of it are still pending. SEC. 3. DEFINITIONS. In this Act: (1) Human rights record.--The term ``human rights record'' means a record in the possession, custody, or control of the United States Government containing information about gross violations of internationally recognized human rights committed after 1944. (2) Agency.--The term ``agency'' means any agency of the United States Government charged with the conduct of foreign policy or foreign intelligence, including, but not limited to, the Department of State, the Agency for International Development, the Department of Defense (and all of its components), the Central Intelligence Agency, the National Reconnaissance Office, the Department of Justice (and all of its components), the National Security Council, and the Executive Office of the President. (3) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' has the meaning given that term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS RECORDS REGARDING GUATEMALA AND HONDURAS. (a) In General.--Notwithstanding any other provision of law, the provisions of this Act shall govern the declassification and public disclosure of human rights records by agencies. (b) Identification of Records.--Not later than 120 days after the date of enactment of this Act, each agency shall identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for the purpose of declassifying and disclosing the records to the public. Except as provided in section 5, all records described in the preceding sentence shall be made available to the public not later than 30 days after a review under this section is completed. (c) Report to Congress.--Not later than 150 days after the date of enactment of this Act, the President shall report to Congress regarding each agency's compliance with the provisions of this Act. SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS. (a) In General.--An agency may postpone public disclosure of a human rights record or particular information in a human rights record only if the agency determines that there is clear and convincing evidence that-- (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States raised by public disclosure of the human rights record is of such gravity that it outweighs the public interest, and such public disclosure would reveal-- (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method-- (i) which is being utilized, or reasonably expected to be utilized, by the United States Government; (ii) which has not been officially disclosed; and (iii) the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the public disclosure of the human rights record would reveal the name or identity of a living individual who provided confidential information to the United States and would pose a substantial risk of harm to that individual; (3) the public disclosure of the human rights record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the human rights record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest. (b) Special Treatment of Certain Information.--It shall not be grounds for postponement of disclosure of a human rights record that an individual named in the human rights record was an intelligence asset of the United States Government, although the existence of such relationship may be withheld if the criteria set forth in subsection (a) are met. For purposes of the preceding sentence, the term an ``intelligence asset'' means a covert agent as defined in section 606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)). SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN OTHER COUNTRIES. In the event that an agency of the United States receives a request for human rights records from an entity created by the United Nations, the Organization of American States or a similar entity, a national truth commission or entity of similar nature, or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, the agency shall conduct a review of records as described in section 4 and shall declassify and publicly disclose such records in accordance with the standards and procedures set forth in this Act. SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS. (a) Duties of the Appeals Panel.--The Interagency Security Classification Appeals Panel or any other entity subsequently established by law or Executive order and charged with carrying out the functions currently carried out by such Panel (referred to in this Act as the ``Appeals Panel'') shall review all determinations by an agency to postpone public disclosure of any human rights record. (b) Determinations of the Appeals Panel.-- (1) In general.--The Appeals Panel shall direct that all human rights records be disclosed to the public, unless the Appeals Panel determines that there is clear and convincing evidence that-- (A) the record is not a human rights record; or (B) the human rights record or particular information in the human rights record qualifies for postponement of disclosure pursuant to section 5. (2) Treatment in cases of nondisclosure.--If the Appeals Panel concurs with an agency decision to postpone disclosure of a human rights record, the Appeals Panel shall determine, in consultation with the originating agency and consistent with the standards set forth in this Act, which, if any, of the alternative forms of disclosure described in paragraph (3) shall be made by the agency. (3) Alternative forms of disclosure.--The forms of disclosure described in this paragraph are as follows: (A) Disclosure of any reasonably segregable portion of the human rights record after deletion of the portions described in paragraph (1). (B) Disclosure of a record that is a substitute for information which is not disclosed. (C) Disclosure of a summary of the information contained in the human rights record. (4) Notification of determination.-- (A) In general.--Upon completion of its review, the Appeals Panel shall notify the head of the agency in control or possession of the human rights record that was the subject of the review of its determination and shall, not later than 14 days after the determination, publish the determination in the Federal Register. (B) Notice to president.--The Appeals Panel shall notify the President of its determination. The notice shall contain a written unclassified justification for its determination, including an explanation of the application of the standards contained in section 5. (5) General procedures.--The Appeals Panel shall publish in the Federal Register guidelines regarding its policy and procedures for adjudicating appeals. (c) Presidential Authority Over Appeals Panel Determination.-- (1) Public disclosure or postponement of disclosure.--The President shall have the sole and nondelegable authority to review any determination of the Appeals Panel under this Act, and such review shall be based on the standards set forth in section 5. Not later than 30 days after the Appeals Panel's determination and notification to the agency pursuant to subsection (b)(4), the President shall provide the Appeals Panel with an unclassified written certification specifying the President's decision and stating the reasons for the decision, including in the case of a determination to postpone disclosure, the standards set forth in section 5 which are the basis for the President's determination. (2) Record of presidential postponement.--The Appeals Panel shall, upon receipt of the President's determination, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to the postponement of disclosure of a human rights record. SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS. Upon completion of the review and disclosure of the human rights records relating to Guatemala and Honduras, the Information Security Policy Advisory Council, established pursuant to Executive Order No. 12958, shall report to Congress on the desirability and feasibility of declassification of human rights records relating to other countries. The report shall be available to the public. SEC. 9. RULES OF CONSTRUCTION. (a) Freedom of Information Act.--Nothing in this Act shall be construed to limit any right to file a request with any executive agency or seek judicial review of a decision pursuant to section 552 of title 5, United States Code. (b) Judicial Review.--Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. SEC. 10. CREATION OF POSITIONS. For purposes of carrying out the provisions of this Act, there shall be 2 additional positions in the Appeals Panel. The President shall appoint individuals who are not employees of the United States who have demonstrated substantial human rights expertise and who are able to meet the security requirements for the positions. The President shall seek recommendations with respect to such positions from nongovernmental human rights organizations.	Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public. Instructs the President to report to Congress regarding agency compliance. Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds. Requires any U.S. agency, upon request by an entity created by the United Nations, the Organization of American States (or similar entity), a national truth commission (or similar entity), or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, to review, declassify, and publicly disclose any human pertinent rights records. Directs the Information Security Policy Advisory Council to report to Congress on declassification of human rights records relating to other countries and to make such report available to the public. Creates two additional positions in the Panel in order to implement this Act.	Human Rights Information Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jackie Robinson Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball by Jackie Robinson, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design-- (A) on the obverse side of the coins minted under this Act shall be emblematic of Jackie Robinson; and (B) on the reverse side of such coins shall be emblematic of Jackie Robinson's association with and contributions to major league baseball. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Jackie Robinson Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning April 15, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 15, 1998. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 10(a), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Jackie Robinson Foundation (hereafter in this Act referred to as the Foundation'') for the purpose of-- (1) enhancing the programs of the Foundation in the field of education and youth leadership skills development; and (2) increasing the availability of scholarships for youth with the greatest need. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES. (a) Payment of Surcharges.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act shall be paid to the Foundation unless-- (1) all numismatic operation and program costs allocable to the program under which such coins are produced and sold have been recovered; and (2) the Foundation submits an audited financial statement which demonstrates to the satisfaction of the Secretary that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the Foundation has raised funds from private sources for such projects and purposes in an amount which is equal to or greater than the maximum amount the Foundation may receive from the proceeds of such surcharge. (b) Annual Audits.-- (1) Annual audits of recipients required.--The Foundation shall provide, as a condition for receiving any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the Foundation, of all such payments to the Foundation beginning in the first fiscal year of the Foundation in which any such amount is received and continuing until all such amounts received by the Foundation with respect to such surcharges are fully expended or placed in trust. (2) Minimum requirements for annual audits.--At a minimum, each audit of the Foundation pursuant to paragraph (1) shall report-- (A) the amount of payments received by the Foundation during the fiscal year of the Foundation for which the audit is conducted which are derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act; (B) the amount expended by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted; and (C) whether all expenditures by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted were for authorized purposes. (3) Responsibility of foundation to account for expenditures of surcharges.--The Foundation shall take appropriate steps, as a condition for receiving any payment of any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the Foundation in each fiscal year of the Foundation can be accounted for separately from all other revenues and expenditures of the Foundation. (4) Submission of audit report.--Not later than 90 days after the end of any fiscal year of the Foundation for which an audit is required under paragraph (1), the Foundation shall-- (A) submit a copy of the report to the Secretary; and (B) make a copy of the report available to the public. (5) Use of surcharges for audits.--The Foundation may use any amount received from payments derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act to pay the cost of an audit required under paragraph (1). (6) Waiver of subsection.--The Secretary may waive the application of any paragraph of this subsection to the Foundation for any fiscal year after taking into account the amount of surcharges which such Foundation received or expended during such year. (7) Availability of books and records.--The Foundation shall provide, as a condition for receiving any payment derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and workpapers belonging to or used by the Foundation, or by any independent public accountant who audited the Foundation in accordance with paragraph (1), which may relate to the receipt or expenditure of any such amount by the Foundation. (c) Use of Agents or Attorneys to Influence Commemorative Coin Legislation.--No portion of any payment to the Foundation from amounts derived from the proceeds of surcharges imposed on the sale of coins issued under this Act may be used, directly or indirectly, by the Foundation to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to the coins minted and issued under this Act.	Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.	Jackie Robinson Commemorative Coin Act
SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS INVESTMENTS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS. ``(a) Nonrecognition of Gain.--In the case of the sale of any capital asset with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any eligible small business investment purchased by the taxpayer during the 12-month period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Capital asset.--The term `capital asset' has the meaning given such term by section 1221 (determined without regard to paragraph (2) of such section), except that such term shall include gain derived from the bulk sale of inventory not in the ordinary course of a trade or business. ``(2) Investment property.--The term `investment property' means property that has the capacity to produce gross income from-- ``(A) interest, annuities, or royalties, not derived in the ordinary course of a trade or business, or ``(B) dividends. Such term shall not include expansion shares. ``(3) Purchase.--The term `purchase' has the meaning given such term by section 1043(b)(4). ``(4) Eligible small business investment.--Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, if-- ``(A) as of the date of issuance of such stock or partnership interest, such corporation or partnership is a qualified small business entity, and ``(B) such stock or partnership interest is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock). A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. ``(5) Qualified small business entity.-- ``(A) In general.--The term `qualified small business entity' means any domestic corporation or partnership if-- ``(i) for the taxable year of such entity in which the stock or partnership interest was issued and each prior taxable year, such entity (and any predecessor thereof) had gross receipts of less than $5,000,000, ``(ii) the primary activity of such entity (and any predecessor thereof) for the taxable year of such issuance and each prior taxable year was an activity listed in the Standard Industrial Classification Manual, 1987 (SIC), as published by the Office of Management and Budget, Executive Office of the President, as being-- ``(I) agriculture, forestry or fishing (Division A), ``(II) mining (Division B), ``(III) construction (Division C), ``(IV) manufacturing (Division D), ``(V) transportation, communications, electric, gas or sanitary service (Division E), ``(VI) wholesale trade (Division F), ``(VII) retail trade (Division (G), ``(VIII) personal services (Major Group 72, Division I), ``(IX) business services (Major Group 73, Division I), ``(X) automotive repair, services or parking (Major Group 75, Division I), ``(XI) miscellaneous repair services (Major Group 76, Division I), or ``(XII) engineering, accounting, research, management or related services (Major Group 87, Division I), ``(iii) such entity generates income from investment property only as an incidental effect of the management of a working capital pool aggregated and directed toward investing in any qualified small business entity, and ``(iv) the majority of full-time employees employed by such entity and the largest percentage, by dollar value, of independent contractors under contract to such entity are located in the United States. For purposes of clause (iii), ownership interests in entities controlled by such entity or directly involved in the primary activity referred to in clause (ii) with respect to such entity do not constitute investment property, and the Secretary may further define by regulation what constitutes an incidental holding of investment property. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subparagraph (A). ``(C) Special rules for determining gross receipts.--The rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply for purposes of subparagraph (A)(i). ``(c) Inapplicability to Certain Gain.--Subsection (a) shall not apply to any of the following types of gain: ``(1) Gain from the sale or other disposition of property received in lieu of salary, wages, or other compensation for services performed by the taxpayer, to the extent of the fair market value of the property at the time of receipt by the taxpayer. ``(2) Gain from the sale of property that is not held for the production of income. ``(3) Gain from investment property. ``(4) Gain that is treated or characterized as ordinary income for purposes of this title. ``(5) Gain, to the extent the gain is not recognized under section 1044 or 1202, notwithstanding that the gain is derived from the sale of expansion shares. ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 (without regard to any 5-year holding period requirement) shall apply for purposes of this section. ``(e) Prohibition of Basis Adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall not be applied to reduce the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 12-month period described in subsection (a). ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then-- ``(1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- ``(A) the taxpayer's cost of purchasing the eligible small business investment which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase any eligible small business investment within the 12-month period described in subsection (a), or ``(C) a failure to make such purchase within such 12-month period, and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise. ``(h) Termination.--Subsection (a) shall not apply to any taxable year beginning on or after January 1, 2004.'' (b) Report by Secretary.--Not later than December 31, 2001, the Secretary of the Treasury shall submit to each House of the Congress a report detailing the effects of section 1045 of such Code, as added by this Act. (c) Clerical Amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain to small business investments.'' (d) Effective Date.--The amendments made by this section shall apply to investments purchased after the date of the date of the enactment of this Act, for taxable years ending after such date.	Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.	To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Energy Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Appraisals. Sec. 4. Standardization. Sec. 5. Environmental reviews of major Federal actions on Indian lands. Sec. 6. BLM oil and gas fees. Sec. 7. Bonding requirements and nonpayment of attorneys' fees to promote Indian energy projects. Sec. 8. Tribal biomass demonstration project. Sec. 9. Tribal resource management plans. Sec. 10. Leases of restricted lands for the Navajo Nation. Sec. 11. Nonapplicability of certain rules. SEC. 3. APPRAISALS. (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following: ``SEC. 2607. APPRAISAL REFORMS. ``(a) Options to Indian Tribes.--With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by-- ``(1) the Secretary; ``(2) the affected Indian tribe; or ``(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. ``(b) Time Limit on Secretarial Review and Action.--Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall-- ``(1) review the appraisal; and ``(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. ``(d) Option to Indian Tribes To Waive Appraisal.-- ``(1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below. ``(2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. ``(3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. ``(e) Definition.--For purposes of this subsection, the term `appraisal' includes appraisals and other estimates of value. ``(f) Regulations.--The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal.''. (b) Conforming Amendment.--The table of contents of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: ``Sec. 2607. Appraisal reforms.''. SEC. 4. STANDARDIZATION. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS. Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following: ``(b) Review of Major Federal Actions on Indian Lands.-- ``(1) In general.--For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area. ``(2) Regulations.--The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. ``(3) Definitions.--In this subsection, each of the terms `Indian land' and `Indian tribe' has the meaning given that term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). ``(4) Clarification of authority.--Nothing in the Native American Energy Act, except section 7 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands.''. SEC. 6. BLM OIL AND GAS FEES. The Secretary of the Interior, acting through the Bureau of Land Management, shall not collect any fee for any of the following: (1) For an application for a permit to drill on Indian land. (2) To conduct any oil or gas inspection activity on Indian land. (3) On any oil or gas lease for nonproducing acreage on Indian land. SEC. 7. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO PROMOTE INDIAN ENERGY PROJECTS. (a) In General.--A plaintiff who obtains a preliminary injunction or administrative stay in an energy related action, but does not ultimately prevail on the merits of the energy related action, shall be liable for damages sustained by a defendant who-- (1) opposed the preliminary injunction or administrative stay; and (2) was harmed by the preliminary injunction or administrative stay. (b) Bond.--Unless otherwise specifically exempted by Federal law, a court may not issue a preliminary injunction and an agency may not grant an administrative stay in an energy related action until the plaintiff posts with the court or the agency a surety bond or cash equivalent-- (1) in an amount the court or agency decides is 30 percent of that amount that the court or agency considers is sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages, including but not limited to preliminary development costs, additional development costs, and reasonable attorney fees, that each defendant may sustain as a result of the preliminary injunction or administrative stay; (2) written by a surety licensed to do business in the State in which the Indian Land or other land where the activities are undertaken is situated; and (3) payable to each defendant opposing the preliminary injunction or administrative stay, in the event that the plaintiff does not prevail on the merits of the energy related action, Provided, that, if there is more than one plaintiff, the court or agency shall establish the amount of the bond required by this subsection for each plaintiff in a fair and equitable manner. (c) Limitation on Certain Payments.--Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an energy related action. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Administrative stay.--The term ``Administrative Stay'' means a stay or other temporary remedy issued by a Federal agency, including the Department of the Interior, the Department of Agriculture, the Department of Energy, the Department of Commerce, and the Environmental Protection Agency. (2) Indian land.--The term ``Indian Land'' has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1601). (3) Energy related action.--The term ``energy related action'' means a cause of action that-- (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action (as defined in section 702 of title 5, United States Code), to issue a permit, license, or other form of agency permission allowing: (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, or (ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail on the merits.--The phrase ``Ultimately prevail on the merits'' means, in a final enforceable judgment on the merits, the court rules in the plaintiff's favor on at least one cause of action which is an underlying rationale for the preliminary injunction, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. (5) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. SEC. 8. TRIBAL BIOMASS DEMONSTRATION PROJECT. The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 (25 U.S.C. 3115a) the following: ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. ``(a) In General.--For each of fiscal years 2014 through 2018, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. ``(b) Definitions.--The definitions in section 2 shall apply to this section. ``(c) Demonstration Projects.--In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). ``(d) Eligibility Criteria.--To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application-- ``(1) containing such information as the Secretary may require; and ``(2) that includes a description of-- ``(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and ``(B) the demonstration project proposed to be carried out by the Indian tribe. ``(e) Selection.--In evaluating the applications submitted under subsection (c), the Secretary-- ``(1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108- 278; and whether a proposed demonstration project would-- ``(A) increase the availability or reliability of local or regional energy; ``(B) enhance the economic development of the Indian tribe; ``(C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; ``(D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or ``(E) otherwise promote the use of woody biomass; and ``(2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. ``(f) Implementation.--The Secretary shall-- ``(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and ``(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. ``(g) Report.--Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period-- ``(1) each individual tribal application received under this section; and ``(2) each contract and agreement entered into pursuant to this section. ``(h) Incorporation of Management Plans.--In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. ``(i) Term.--A stewardship contract or other agreement entered into under this section-- ``(1) shall be for a term of not more than 20 years; and ``(2) may be renewed in accordance with this section for not more than an additional 10 years.''. SEC. 9. TRIBAL RESOURCE MANAGEMENT PLANS. Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. SEC. 10. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION. Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing Act''), is amended-- (1) by striking ``, except a lease for'' and inserting ``, including leases for''; (2) in subparagraph (A), by striking ``25'' the first place it appears and all that follows and inserting ``99 years;''; (3) in subparagraph (B), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years.''. SEC. 11. NONAPPLICABILITY OF CERTAIN RULES. No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.	Native American Energy Act - (Sec. 3) Amends the Energy Policy Act of 1992 to allow the Secretary of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval. Deems an appraisal that is conducted by an Indian tribe or by an appraiser under contract with an Indian tribe to be approved if the Secretary does not approve or disapprove of the appraisal within 60 days of receiving it. Gives tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent to do so that includes an express waiver of any claims they might have against the United States that result from forgoing the appraisal. (Sec. 4) Requires each agency within the Department of the Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 5) Amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area. (Sec. 6) Prohibits the Secretary from collecting a fee for: (1) applying for a permit to drill on Indian land, (2) oil or gas inspection activities on such lands, or (3) any oil or gas lease for nonproducing acreage on Indian land. (Sec. 7) Requires plaintiffs who obtain a preliminary injunction or administrative stay in Indian energy related actions to post bond. (Indian energy related actions are those concerned with energy activities undertaken on Indian land or by Indian tribes on other lands.) Subjects plaintiffs to liability for a defendant's harm should they not ultimately prevail on the merits of the energy related action. Prohibits plaintiffs in Indian energy related actions against the federal government from receiving certain federal payments for their fees or expenses. (Sec. 8) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes, from FY2014-FY2018, to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Requires the creation of at least four new demonstration projects during each of those fiscal years. Directs the Secretary, when reviewing project applications, to consider whether a proposed demonstration project will: increase the availability or reliability of local or regional energy, enhance the tribe's economic development, improve the connection of electric power transmission facilities serving the tribe with other electric transmission facilities, improve the forest health or watersheds of federal land or Indian forest land or rangeland, or otherwise promote woody biomass use. Directs the Secretary, to the extent practicable, to incorporate management plans in effect on Indian forest land or rangeland into demonstration project agreements affecting those lands. Prohibits the agreements from having a term that exceeds 20 years, but allows them to be renewed for up to ten additional years. (Sec. 9) Considers activities conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary to be a sustainable management practice when sustainability is federally required. (Sec. 10) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without the Secretary's approval, provided they are executed under tribal regulations approved by the Secretary. Allows the Navajo Nation to enter into mineral resource leases on their restricted lands without the Secretary's approval if they are executed under approved tribal regulations and do not exceed 25 years, though they may include a renewal option for one additional term not exceeding 25 years. (Sec. 11) Prohibits any Department of the Interior rule regarding hydraulic fracturing, used in oil and gas development or production, from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries.	Native American Energy Act
SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Insurance Relief Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Holocaust, including the murder of 6,000,000 European Jews, the systematic destruction of families and communities, and the wholesale theft of their assets, was one of the most tragic crimes in modern history. (2) When Holocaust survivors or heirs of Holocaust victims presented claims to insurance companies after World War II, many were rejected because the claimants did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis. (3) In many instances, insurance company records are the only proof of the existence of insurance policies belonging to Holocaust victims. (4) Holocaust survivors and their descendants have been fighting for decades to persuade insurance companies to settle unpaid insurance claims. (5) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as the ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, representatives of international Jewish organizations, and the State of Israel, to expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (6) On July 17, 2000, the United States and Germany signed an Executive Agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated the ICHEIC to resolve all insurance claims that were not paid or were nationalized during the Nazi era. (7) The ICHEIC's deadline for receiving claims applications is January 31, 2002. (8) Three years into the process of addressing the issue of unpaid insurance policies, companies continue to withhold thousands of names on dormant accounts. (9) As of June 15, 2001, more than 84 percent of the 72,675 claims applications filed with the ICHEIC remained idle because the claimants could not identify the company holding the policy. (10) Insurance companies doing business in the United States have a responsibility to ensure the disclosure of insurance policies of Holocaust victims that they or their related companies may have issued, to facilitate the rapid resolution of questions concerning these policies, and to eliminate the further victimization of policyholders and their families. (11) State legislatures in California, Florida, New York, Minnesota, Washington, and elsewhere have been challenged in efforts to implement laws that restrict the ability of insurers to engage in business transactions in those States until the insurers publish the names of Holocaust-era policyholders. (b) Purpose.--The purpose of this Act is to provide information about Holocaust-era insurance policies to Holocaust victims and their heirs and beneficiaries to enable them to expeditiously file their rightful claims under the policies. SEC. 3. HOLOCAUST INSURANCE REGISTRY. (a) Establishment and Maintenance.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2119. Holocaust Insurance Registry ``(a) Establishment.--The Archivist shall establish and maintain a collection of records that shall-- ``(1) be known as the Holocaust Insurance Registry; and ``(2) consist of the information provided to the Archivist under section 5 of the Holocaust Victims Insurance Relief Act of 2001. ``(b) Public Accessibility.--The Archivist shall make all such information publicly accessible and searchable by means of the Internet and by any other means the Archivist deems appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2119. Holocaust Insurance Registry.''. SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS. (a) Requirement.--An insurer shall cause to be filed with the Secretary of Commerce in accordance with subsection (b) the following information: (1) The first name, last name, date of birth, and domicile of the policyholder of each covered policy issued by the insurer or a related company of the insurer. (2) The name of the entity that issued the covered policy. (3) The name of the entity that is responsible for the liabilities of the entity that issued the covered policy. (b) Proper Filing.--A filing under subsection (a) shall be made not later than the earlier of 90 days after the date of the enactment of this Act or January 31, 2002, in an electronic format approved jointly by the Archivist of the United States and the Secretary of Commerce. SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST. The Secretary of Commerce shall provide to the Archivist of the United States any information filed with the Secretary under section 4(a) promptly after the filing of such information. SEC. 6. PENALTY. The Secretary of Commerce shall assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of section 4, as determined by the Secretary. SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES. To the extent or in the amounts provided in advance in appropriation Acts, the Archivist of the United States may use amounts received by the Government as civil penalties under section 6 to maintain the Holocaust Insurance Registry. SEC. 8. NOTIFICATION. (a) Initial Notification.--Not later than 180 days after the date of the enactment of this Act and periodically afterward, the Secretary of Commerce shall notify each State's commissioner of insurance of the identity of each insurer that has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. (b) Requests by States.--On request by the commissioner of insurance of a State concerning an insurer operating in that State, the Secretary of Commerce shall inform the commissioner of insurance whether the insurer has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES. (a) Preemption.--Nothing in this Act preempts the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution. (b) Sense of Congress.--It is the sense of the Congress that if any litigation challenging any State law described in subsection (a) is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs. SEC. 10. DEFINITIONS. In this Act: (1) Commissioner of insurance.--The term ``commissioner of insurance'' means the highest ranking officer of a State responsible for regulating insurance. (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, or property insurance policy that was-- (A) in effect at any time after January 30, 1933, and before December 31, 1945; and (B) issued to a policyholder domiciled in any area of the European Continent that was occupied or controlled by Nazi Germany or by any ally or sympathizer of Nazi Germany at any time during the period described in subparagraph (A). (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance in United States interstate or foreign commerce, if the person or a related company of the person issued a covered policy, regardless of when the related company became a related company of the insurer. (4) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act.	Holocaust Victims Insurance Relief Act of 2001 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry to consist of information on holders and issuers (and related liable entities) of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period.Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day an insurer fails to comply; and (3) notify each State's commissioner of insurance of the identity of any insurer that has failed to file such information or to satisfy any penalty.	To provide for the establishment of the Holocaust Insurance Registry by the Archivist of the United States and to require certain disclosures by insurers to the Secretary of Commerce.
SECTION 1. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. (a) In General.--Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS''; and (2) by adding at the end the following: ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 5545. FINDINGS. ``Congress finds the following: ``(1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 5 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. ``(2) School counselors, school social workers, and school psychologists are needed to help these children and to provide a variety of crucial support services. ``(3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 561 to 1. ``(4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. ``(5) According to the Institute of Medicine of the National Academy of Sciences, the maximum recommended ratio of-- ``(A) students to school counselors is 250 to 1; ``(B) students to school psychologists is 1,000 to 1; and ``(C) students to school social workers is 800 to 1. ``(6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, no school-based mental health and student service provider is available to assist students in times of crisis, or at any other time. ``(7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation's youth will retire. ``(8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal's office, reduced the use of weapons, force, and threats, and increased students' feelings of safety. ``SEC. 5546. PURPOSES. ``The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, and school social workers to achieve each of the following: ``(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the Institute of Medicine of the National Academy of Sciences in its 1997 report `Schools and Health: Our Nation's Investment': ``(A) 1 school counselor for every 250 students; ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 school social worker for every 800 students. ``(2) To provide school-based mental health and student services. ``(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students classroom preparedness and ability to learn. ``(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``(5) To support parental involvement in improving the school behavior and academic success of their children. ``SEC. 5547. DEFINITIONS. ``In this chapter, the following definitions apply: ``(1) Child.--The term `child' means an individual who is not less than 5 years old and not more than 17 years old. ``(2) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``(3) Mental health and student service provider.--The term `mental health and student service provider' means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist, or a qualified school social worker. ``(4) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. ``(5) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(6) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(7) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; ``(B) possesses State licensure or certification in school psychology in the State in which the individual works; or ``(C) possesses national certification by the National School Psychology Certification Board. ``(8) School social worker.--The term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; ``(B) is licensed or certified by the State in which services are provided; or ``(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. ``(9) State.--The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER GRANT PROGRAM. ``(a) In General.--In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. ``(b) Allocation of Funds.--From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall-- ``(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and ``(2) make available in the form of grants to each eligible State an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and ``(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. ``(c) Minimum Grant.--Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. ``(d) Reallocation.--The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. ``(e) Application by State.-- ``(1) In general.--To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary may not approve an application under this subsection unless the State submitting the application-- ``(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, and school social workers; and ``(B) provides an assurance that the State will provide the matching amount required under subsection (g). ``(f) Use of Funds by State.-- ``(1) In general.--In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. ``(2) Administrative costs.--In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State's responsibilities under this chapter. ``(3) Allocation of funds.--In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(4) Minimum grant.--Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. ``(5) Source of data.--For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(6) Application by local educational agencies.--A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(g) Matching Funds.-- ``(1) In general.--As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. ``(2) Local contribution.--In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. ``(3) Form.--The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. ``(h) Funds To Be Supplementary.--Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. ``(i) Data Collection and Report.-- ``(1) In general.--For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. ``(2) Report.--Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter-- ``(A) the number of school counselors, school psychologists, and school social workers employed by local educational agency; and ``(B) the ratio of students to school counselors, the ratio of students to school psychologists, and the ratio of students to school social workers. ``(3) Source of funds.--A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. ``(4) Publication.--The Secretary shall make data received under this subsection publicly available on an annual basis. ``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2004 through 2008.''. (b) Clerical Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by amending the items relating to subpart 14 of title V to read as follows: ``Subpart 14--Grants to Improve the Mental Health of Children ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ``Sec. 5541. Grants for the integration of schools and mental health systems. ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``Sec. 5545. Findings. ``Sec. 5546. Purposes. ``Sec. 5547. Definitions. ``Sec. 5548. School-based mental health and student service provider grant program. ``Sec. 5549. Authorization of appropriations.''.	Amends the Elementary and Secondary Education Act of 1965 to establish a program to assist States and local educational agencies (LEAs) to recruit, train, and hire additional school-based mental health and student service providers, including additional school counselors, psychologists, and social workers (in order to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of one school counselor for every 250 students, one psychologist for every 1,000 students, and one social worker for every 800 students, as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health). Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate funds from Federal and State shares of program costs to LEAs according to specified formulae.	To amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for assistance in hiring additional school-based mental health and student service providers.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gallatin Land Consolidation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the land north of Yellowstone National Park possesses outstanding natural characteristics and wildlife habitats that make the land a valuable addition to the National Forest System; (2) it is in the interest of the United States to establish a logical and effective ownership pattern for the Gallatin National Forest, reducing long-term costs for taxpayers and increasing and improving public access to the forest; (3) it is in the interest of the United States for the Secretary of Agriculture to enter into an Option Agreement for the acquisition of land owned by Big Sky Lumber Co. to accomplish the purposes of this Act; and (4) other private property owners are willing to enter into exchanges that further improve the ownership pattern of the Gallatin National Forest. SEC. 3. DEFINITIONS. In this Act: (1) BLM land.--The term ``BLM land'' means approximately 2,000 acres of Bureau of Land Management land (including all appurtenances to the land) that is proposed to be acquired by BSL, as depicted in Exhibit B to the Option Agreement. (2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an Oregon joint venture, and its successors and assigns, and any other entities having a property interest in the BSL land. (3) BSL land.--The term ``BSL land'' means approximately 54,000 acres of land (including all appurtenances to the land except as provided in section 4(e)(1)(D)(i)) owned by BSL that is proposed to be acquired by the Secretary of Agriculture, as depicted in Exhibit A to the Option Agreement. (4) Eastside national forests.--The term ``Eastside National Forests'' means national forests east of the Continental Divide in the State of Montana, including the Beaverhead National Forest, Deerlodge National Forest, Helena National Forest, Custer National Forest, and Lewis and Clark National Forest. (5) National forest system land.--The term ``National Forest System land'' means approximately 29,000 acres of land (including all appurtenances to the land) owned by the United States in the Gallatin National Forest, Flathead National Forest, Deerlodge National Forest, Helena National Forest, Lolo National Forest, and Lewis and Clark National Forest that is proposed to be acquired by BSL, as depicted in Exhibit B to the Option Agreement. (6) Option agreement.--The term ``Option Agreement'' means-- (A) the document signed by BSL, dated July 29, 1998 and entitled ``Option Agreement for the Acquisition of Big Sky Lumber Co. Lands Pursuant to the Gallatin Range Consolidation and Protection Act of 1993''; (B) the exhibits and maps attached to the document described in subparagraph (A); and (C) an exchange agreement to be entered into between the Secretary and BSL and made part of the document described in subparagraph (A). (7) Secretary.--The ``Secretary'' means the Secretary of Agriculture. SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION. (a) In General.--Notwithstanding any other provision of law, and subject to the terms and conditions of the Option Agreement-- (1) if BSL offers title acceptable to the Secretary to the BSL land-- (A) the Secretary shall accept a warranty deed to the BSL land and a quit claim deed to agreed to mineral interests in the BSL land; (B) the Secretary shall convey to BSL, subject to valid existing rights and to other terms, conditions, reservations, and exceptions as may be agreed to by the Secretary and BSL, fee title to the National Forest System land; and (C) the Secretary of the Interior shall convey to BSL, by patent or otherwise, subject to valid existing rights and other terms, conditions, reservations, and exceptions as may be agreed to by the Secretary of the Interior and BSL, fee title to the BLM land; (2) if BSL places title in escrow acceptable to the Secretary to 11\1/2\ sections of the BSL land in the Taylor Fork area as set forth in the Option Agreement-- (A) the Secretary shall place Federal land in the Bangtail and Doe Creek areas of the Gallatin National Forest, as identified in the Option Agreement, in escrow pending conveyance to the Secretary of the Taylor Fork land, as identified in the Option Agreement in escrow; (B) the Secretary, subject to the availability of funds, shall purchase 7\1/2\ sections of BSL land in the Taylor Fork area held in escrow and identified in the Option Agreement at a purchase price of $4,150,000; and (C) the Secretary shall acquire the 4 Taylor Fork sections identified in the Option Agreement remaining in escrow, and any of the 6 sections referred to in subparagraph (B) for which funds are not available, by providing BSL with timber sale receipts from timber sales on the Gallatin National Forest and other eastside national forests in the State of Montana in accordance with subsection (c); and (3)(A) as funds or timber sale receipts are received by BSL-- (i) the deeds to an equivalent value of BSL Taylor Fork land held in escrow shall be released and conveyed to the Secretary; and (ii) the escrow of deeds to an equivalent value of Federal land shall be released to the Secretary in accordance with the terms of the Option Agreement; or (B) if funds or timber sale receipts are not provided to BSL as provided in the Option Agreement, BSL shall be entitled to receive patents and deeds to an equivalent value of the Federal land held in escrow. (b) Valuation.-- (1) In general.--The property and other assets exchanged or conveyed by BSL and the United States under subsection (a) shall be approximately equal in value, as determined by the Secretary. (2) Difference in value.--To the extent that the property and other assets exchanged or conveyed by BSL or the United States under subsection (a) are not approximately equal in value, as determined by the Secretary, the values shall be equalized in accordance with methods identified in the Option Agreement. (c) Timber Sale Program.-- (1) In general.--The Secretary shall implement a timber sale program, according to the terms and conditions identified in the Option Agreement and subject to compliance with applicable environmental laws (including regulations), judicial decisions, memoranda of understanding, small business set-aside rules, and acts beyond the control of the Secretary, to generate sufficient timber receipts to purchase the portions of the BSL land in Taylor Fork identified in the Option Agreement. (2) Implementation.--In implementing the timber sale program-- (A) the Secretary shall provide BSL with a proposed annual schedule of timber sales; (B) as set forth in the Option Agreement, receipts generated from the timber sale program shall be deposited by the Secretary in a special account established by the Secretary and paid by the Secretary to BSL; (C) receipts from the Gallatin National Forest shall not be subject to the Act of May 23, 1908 (16 U.S.C. 500); and (D) the Secretary shall fund the timber sale program at levels determined by the Secretary to be commensurate with the preparation and administration of the identified timber sale program. (d) Rights-of-Way.--As specified in the Option Agreement-- (1) the Secretary, under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to BSL such easements in or other rights-of-way over National Forest System land for access to the land acquired by BSL under this Act for all lawful purposes; and (2) BSL shall convey to the United States such easements in or other rights-of-way over land owned by BSL for all lawful purposes, as may be agreed to by the Secretary and BSL. (e) Quality of Title.-- (1) Determination.--The Secretary shall review the title for the BSL land described in subsection (a) and, within 45 days after receipt of all applicable title documents from BSL, determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied and the quality of the title is otherwise acceptable to the Secretary of Agriculture; (B) all draft conveyances and closing documents have been received and approved; (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary; and (D) the title includes both the surface and subsurface estates without reservation or exception (except as specifically provided in this Act), including-- (i) minerals, mineral rights, and mineral interests (including severed oil and gas surface rights), subject to and excepting other outstanding or reserved oil and gas rights; (ii) timber, timber rights, and timber interests (except those reserved subject to section 251.14 of title 36, Code of Federal Regulations, by BSL and agreed to by the Secretary); (iii) water, water rights, ditch, and ditch rights; (iv) geothermal rights; and (v) any other interest in the property. (2) Conveyance of title.-- (A) In general.--If the quality of title does not meet Federal standards or is otherwise determined to be unacceptable to the Secretary of Agriculture, the Secretary shall advise BSL regarding corrective actions necessary to make an affirmative determination under paragraph (1). (B) Title to subsurface estate.--Title to the subsurface estate shall be conveyed by BSL to the Secretary in the same form and content as that estate is received by BSL from Burlington Resources Oil & Gas Company Inc. and Glacier Park Company. (f) Timing of Implementation.-- (1) Land-for-land exchange.--The Secretary shall accept the conveyance of land described in subsection (a) not later than 45 days after the Secretary has made an affirmative determination of quality of title. (2) Land-for-timber sale receipt exchange.--As provided in subsection (c) and the Option Agreement, the Secretary shall make timber receipts described in subsection (a)(3) available not later than December 31 of the fifth full calendar year that begins after the date of enactment of this Act. (3) Purchase.--The Secretary shall complete the purchase of BSL land under subsection (a)(3)(B) not later than 30 days after the date on which appropriated funds are made available and an affirmative determination of quality of title is made with respect to the BSL land. SEC. 5. OTHER FACILITATED EXCHANGES. (a) Authorized Exchanges.-- (1) In general.--The Secretary shall enter into the following land exchanges if the landowners are willing: (A) Wapiti land exchange, as outlined in the documents entitled ``Non-Federal Lands in Facilitated Exchanges'' and ``Federal Lands in Facilitated Exchanges'' and dated July 1998. (B) Eightmile/West Pine land exchange as outlined in the documents entitled ``Non-Federal Lands in Facilitated Exchanges'' and ``Federal Lands in Facilitated Exchanges'' and dated July 1998. (2) Equal Value.--Before entering into an exchange under paragraph (1), the Secretary shall determine that the parcels of land to be exchanged are of approximately equal value, based on an appraisal. (b) Section 1 of the Taylor Fork Land.-- (1) In general.--The Secretary is encouraged to pursue a land exchange with the owner of section 1 of the Taylor Fork land after completing a full public process and an appraisal. (2) Report.--The Secretary shall report to Congress on the implementation of paragraph (1) not later than 180 days after the date of enactment of this Act. SEC. 6. GENERAL PROVISIONS. (a) Minor Corrections.-- (1) In general.--The Option Agreement shall be subject to such minor corrections and supplemental provisions as may be agreed to by the Secretary and BSL. (2) Notification.--The Secretary shall notify the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and each member of the Montana congressional delegation of any changes made under this subsection. (3) Boundary adjustment.-- (A) In general.--The boundary of the Gallatin National Forest is adjusted in the Wineglass and North Bridger area, as described on maps dated July 1998, upon completion of the conveyances. (B) No limitation.--Nothing in this subsection limits the authority of the Secretary to adjust the boundary pursuant to section 11 of the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 521). (C) Allocation of land and water conservation fund moneys.--For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), boundaries of the Gallatin National Forest shall be considered to be the boundaries of the National Forest as of January 1, 1965. (b) Public Availability.--The Option Agreement-- (1) shall be on file and available for public inspection in the office of the Supervisor of the Gallatin National Forest; and (2) shall be filed with the county clerk of each of Gallatin County, Park County, Madison County, Granite County, Broadwater County, Meagher County, Flathead County, and Missoula County, Montana. (c) Compliance With Option Agreement.--The Secretary, the Secretary of the Interior, and BSL shall comply with the terms and conditions of the Option Agreement except to the extent that any provision of the Option Agreement conflicts with this Act. (d) Status of Land.--All land conveyed to the United States under this Act shall be added to and administered as part of the Gallatin National Forest and Deerlodge National Forest, as appropriate, in accordance with the Act of March 1, 1911 (5 U.S.C. 515 et seq.), and other laws (including regulations) pertaining to the National Forest System. (e) Management.-- (1) Public process.--Not later than 30 days after the date of completion of the land-for-land exchange under section 4(f)(1), the Secretary shall initiate a public process to amend the Gallatin National Forest Plan and the Deerlodge National Forest Plan to integrate the acquired land into the plans. (2) Process time.--The amendment process under paragraph (1) shall be completed as soon as practicable, and in no event later than 540 days after the date on which the amendment process is initiated. (3) Limitation.--An amended management plan shall not permit surface occupancy on the acquired land for access to reserved or outstanding oil and gas rights or for exploration or development of oil and gas. (4) Interim management.--Pending completion of the forest plan amendment process under paragraph (1), the Secretary shall-- (A) manage the acquired land under the standards and guidelines in the applicable land and resource management plans for adjacent land managed by the Forest Service; and (B) maintain all existing public access to the acquired land. (f) Restoration.-- (1) In general.--The Secretary shall implement a restoration program including reforestation and watershed enhancements to bring the acquired land and surrounding national forest land into compliance with Forest Service standards and guidelines. (2) State and local conservation corps.--In implementing the restoration program, the Secretary shall, when practicable, use partnerships with State and local conservation corps, including the Montana Conservation Corps, under the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). (g) Implementation.--The Secretary of Agriculture shall ensure that sufficient funds are made available to the Gallatin National Forest to carry out this Act. (i) Revocations.--Notwithstanding any other provision of law, any public orders withdrawing lands identified in the Option Agreement from all forms of appropriation under the public land laws are revoked upon conveyance of the lands by the Secretary. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate October 2, 1998. Attest: GARY SISCO, Secretary.	Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. (BSL) for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana. Directs the Secretary of Agriculture to: (1) implement a timber sale program to fund the purchase of specified (Taylor Fork) BSL land; (2) enter into specified land exchanges (Wapiti and Eightmile-West Pine); and (3) implement a restoration program for lands acquired under this Act. Encourages the Secretary to pursue a specified land exchange (section 1 of the Taylor Fork land). Authorizes appropriations.	Gallatin Land Consolidation Act of 1998
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Debris Act Amendments of 2012''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1951 et seq.), as in effect immediately before the enactment of this Act. SEC. 3. SHORT TITLE AMENDMENT. Section 1 (33 U.S.C. 1951 note) is amended by striking ``Research, Prevention, and Reduction''. SEC. 4. PURPOSE. Section 2 (33 U.S.C. 1951) is amended to read as follows: ``SEC. 2. PURPOSE. ``The purpose of this Act is to address the adverse impacts of marine debris on the United States economy, the marine environment, and navigation safety through identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.''. SEC. 5. NOAA MARINE DEBRIS PROGRAM. (a) Name of Program.-- (1) In general.--Section 3 (33 U.S.C. 1952) is amended-- (A) in the section heading by striking ``prevention and removal''; and (B) in subsection (a)-- (i) by striking ``Prevention and Removal Program to reduce and prevent'' and inserting ``Program to identify, determine sources of, assess, prevent, reduce, and remove''; (ii) by inserting ``the economy of the United States,'' after ``marine debris on''; and (iii) by inserting a comma after ``environment''. (2) Conforming amendment.--Paragraph (7) of section 7 (33 U.S.C. 1956) is amended by striking ``Prevention and Removal''. (b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is amended to read as follows: ``(b) Program Components.--The Administrator, acting through the Program and subject to the availability of appropriations, shall-- ``(1) identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety; ``(2) provide national and regional coordination to assist States, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris; ``(3) undertake efforts to reduce adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including-- ``(A) research and development of alternatives to gear posing threats to the marine environment, and methods for marking gear used in specific fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and ``(B) development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery; and ``(4) undertake outreach and education of the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identify, determine sources of, assess, prevent, reduce, and remove marine debris and its adverse impacts on the United States economy, the marine environment, and navigational safety, including outreach and education activities through public- private initiatives.''. (c) Repeal.--Section 2204 of the Marine Plastic Pollution Research and Control Act of 1987 and the item relating to that section in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 (33 U.S.C. 1915) are repealed. (d) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C. 1952(c)) is amended-- (1) in paragraph (1), by striking ``section 2(1)'' and inserting ``section 2''; (2) by repealing paragraph (5); and (3) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6). SEC. 6. REPEAL OF OBSOLETE PROVISIONS. Section 4 (33 U.S.C. 1953) is amended-- (1) by striking ``(a) Strategy.--''; and (2) by repealing subsections (b) and (c). SEC. 7. AMENDMENTS TO DEFINITIONS. (a) Interagency Marine Debris Coordinating Committee.-- (1) In general.--Except as provided in subsection (b), section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is redesignated and moved to replace and appear as section 5 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1954). (2) Clerical amendment.--The item relating to section 2203 in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 is repealed. (b) Biennial Progress Reports.--Section 5(c)(2) (33 U.S.C. 1954(c)(2)), as in effect immediately before the enactment of this Act-- (1) is redesignated as subsection (e) of section 5, as redesignated and moved by the amendment made by subsection (a) of this section; and (2) is amended-- (A) by striking ``Annual progress reports.--'' and all that follows through ``thereafter'' and inserting ``Biennial Progress Reports.--Bienially''; (B) by inserting ``Natural'' before ``Resources''; (C) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5) of such subsection; and (D) by moving such subsection 2 ems to the left. SEC. 8. CONFIDENTIALITY OF SUBMITTED INFORMATION. Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the fishing industry''. SEC. 9. MARINE DEBRIS DEFINITION. Section 7 (33 U.S.C. 1956) is amended-- (1) by redesignating paragraph (3) as paragraph (9), and moving such paragraph to appear after paragraph (8); and (2) by inserting after paragraph (2) the following: ``(3) Marine debris.--The term `marine debris' means any persistent solid material that is manufactured or processed and directly or indirectly, and intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 9 (33 U.S.C. 1958) is amended-- (1) by striking ``are'' and inserting ``is''; (2) by striking ``2006 through 2010'' and all that follows through ``(1)'' and inserting ``through fiscal year 2015''; (3) in paragraph (1), by striking ``$10,000,000'' and inserting ``$4,900,000''; and (4) by striking ``; and'' and all that follows through the end of paragraph (2) and inserting a period. Passed the House of Representatives August 1, 2012. Attest: KAREN L. HAAS, Clerk.	Marine Debris Act Reauthorization Amendments of 2012 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act. (Sec. 3) Renames such Act as the Marine Debris Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove the occurrence and adverse impacts of marine debris on the U.S. economy, the marine environment, and navigation safety. (Sec. 5) Revises Program components, including by requiring the Administrator of NOAA to provide national and regional coordination to assist states, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. Amends the Marine Plastic Pollution Research and Control Act of 1987 to repeal the plastic pollution public education program. (Sec. 7) Replaces provisions of the Marine Debris Program concerning interagency coordination with provisions establishing the Interagency Marine Debris Coordinating Committee under the Marine Plastic Pollution Research and Control Act of 1987. Requires such Committee to submit biennial (currently annual) progress reports. (Sec. 8) Requires the Administrator to ensure the confidentiality of information submitted into the federal information clearinghouse on marine debris. (Currently, the Administrator is required to take steps to ensure the confidentiality of only such information that is submitted by the fishing industry.) (Sec. 9) Defines the term "marine debris" as any persistent solid material that is manufactured or processed and disposed of or abandoned into the marine environment or the Great Lakes.	To reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Needs Assessment and Program Evaluation Act of 2001''. SEC. 2. FINDINGS, PURPOSES. (a) Findings.--Congress finds that-- (1) the United States and the Indian tribes have a unique legal and political government-to-government relationship; (2) pursuant to the Constitution, treaties, statutes, Executive orders, court decisions, and course of conduct, the United States has a trust obligation to provide certain services to Indian tribes and to Indians; (3) Federal departments and agencies charged with administering programs and providing services to, or for the benefit of, Indians have not furnished Congress with adequate information necessary to assess such programs on the needs of Indians and Indian tribes; (4) such lack of information has hampered the ability of Congress to determine the nature, type, and magnitude of such needs as well as its ability to respond to them; and (5) Congress cannot properly fulfill its obligation to Indian tribes and Indian people unless and until it has an adequate store of information related to the needs of Indians nationwide. (b) Purposes.--The purposes of this Act are to-- (1) ensure that Indian needs for Federal programs and services are known in a more certain and predictable fashion; (2) require that Federal departments and agencies carefully review and monitor the effectiveness of the programs and services provided to Indians; (3) provide for more efficient and effective cooperation and coordination of, and accountability from, the Federal departments and agencies providing programs and services, including technical and business development assistance, to Indians; and (4) provide Congress with reliable information regarding Indian needs and the evaluation of Federal programs and services provided to Indians nationwide. SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT. (a) Indian Tribal Needs Assessments.-- (1) Immediate assessment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall contract with an appropriate entity, in consultation and coordination with the Indian tribes, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, the Secretary of Veterans Affairs, the Attorney General, the Administrator of the Environmental Protection Agency, and the heads of any other relevant Federal departments or agencies, for the development of a uniform method and criteria, and uniform procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians by each such department or agency. The needs assessment shall address, but not be limited to, the following: (i) The location of the service area of each program. (ii) The size of the service area of each program. (iii) The total population of each tribe located in the service area. (iv) The total population of members of other tribes located in the service area. (v) The availability of similar programs within the geographical area to tribes or tribal members. (vi) The socio-economic conditions that exist within the service area. (B) Consultation.--The contractor shall consult with tribal governments in establishing and conducting the needs assessment required under subparagraph (A). (2) Ongoing federal needs assessments.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, each Federal department or agency, in coordination with the Secretary of the Interior, shall conduct an Indian Needs Assessment (in this Act referred to as the ``INA'') aimed at determining the actual needs of Indian tribes and Indians eligible for programs and services administered by such department or agency. (B) Submission to congress.--Not later than February 1 of any year in which an INA is required to be conducted under subparagraph (A), a copy of the INA shall be submitted to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (b) Federal Agency Indian Tribal Program Evaluation.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall develop a uniform method and criteria, and uniform procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning-- (A) the annual expenditures of the department or agency for programs and services for which Indians are eligible, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; (B) services or programs specifically for the benefit of Indians, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; and (C) the department or agency method of delivery of such services and funding, including a detailed explanation of the outreach efforts of each agency or department to Indian tribes. (2) Submission to Congress.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal department or agency responsible for providing services or programs to, or for the benefit of, Indian tribes or Indians shall file an Annual Indian Program Evaluation (in this Act referred to as the ``AIPE'') with the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (c) Annual Listing of Tribal Eligible Programs.--Not later than February 1 of each calendar year, each Federal department or agency described in subsection (b)(2), shall develop and publish in the Federal Register a list of all programs and services offered by such department or agency for which Indian tribes or their members are or may be eligible, and shall provide a brief explanation of the program or service. (d) Confidentiality.--Any information received, collected, or gathered from Indian tribes concerning program function, operations, or need in order to conduct an INA or an AIPE shall be used only for the purposes of this Act set forth in section 2(b). SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall develop and submit to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate a report detailing the coordination of Federal program and service assistance for which Indian tribes and their members are eligible. (b) Strategic Plan.--Not later than 30 months after the date of enactment of this Act, the Secretary of the Interior, in consultation and coordination with the Indian tribes, shall file a Strategic Plan for the Coordination of Federal Assistance for Indians (in this Act referred to as the ``Strategic Plan''). (c) Contents of Strategic Plan.--The Strategic Plan required under subsection (b) shall contain the following: (1) Identification of reforms necessary to the laws, regulations, policies, procedures, practices, and systems of the Federal departments or agencies involved. (2) Proposals for implementing the reforms identified in the Strategic Plan. (3) Any other recommendations that are consistent with the purposes of this Act set forth in section 2(b). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2002 and each fiscal year thereafter, such sums as are necessary to carry out this Act.	Indian Needs Assessment and Program Evaluation Act of 2001 - Directs the Secretary of the Interior to contract with an appropriate entity to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide.Requires Federal departments and agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies.Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) Federal annual expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) Federal methods of delivery of services and funding.Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file Annual Indian Program Evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible.Directs the Secretary to file a Strategic Plan for the Coordination of Federal Assistance for Indians.	A bill to provide for periodic Indian needs assessments, to require Federal Indian program evaluations, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kidney Disease Educational Benefits Act of 2002''. SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES. (a) Coverage of Kidney Disease Education Services.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (U), by striking ``and'' at the end; (ii) in subparagraph (V)(iii), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(W) kidney disease education services (as defined in subsection (ww));''; and (B) by adding at the end the following new subsection: ``Kidney Disease Education Services ``(ww)(1) The term `kidney disease education services' means educational services that are-- ``(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; ``(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and ``(C) designed-- ``(i) to provide comprehensive information regarding-- ``(I) the management of comorbidities; ``(II) the prevention of uremic complications; and ``(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis in a center or at home (including vascular access options), and transplantation); and ``(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. ``(2) The term `qualified person' means-- ``(A) a physician (as described in subsection (r)(1)); ``(B) an individual who-- ``(i) is-- ``(I) a registered nurse; ``(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); ``(III) a clinical social worker (as defined in subsection (hh)(1)); or ``(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)); and ``(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) meet the requirements of subparagraph (A) or (B). ``(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. ``(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services. ``(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). ``(6) Not later than April 1, 2003, and annually thereafter, the Secretary shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in paragraph (1)) and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of this subsection.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``, (2)(W)'', after ``(2)(S)''. (3) Payment to renal dialysis facilities.--Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(12) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act.	Kidney Disease Educational Benefits Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide coverage for kidney disease education services furnished, upon the managing physician's referral, to an individual with kidney disease who will require dialysis or a kidney transplant. Requires such services to: (1) impart comprehensive information regarding management, prevention, and options regarding treatment of kidney disease; and (2) ensure that such individuals have the opportunity to participate actively in the choice of therapy.	A bill to amend title XVIII of the Social Security Act to provide coverage for kidney disease education services under the medicare program, and for other purposes.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2003''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by inserting after paragraph (28) the following new paragraph: ``(29) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.	Public Safety and Protection Investment Act of 2003 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security devices.	To amend the Internal Revenue Code of 1986 to allow businesses to expense qualified security devices.
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (2) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (3) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic and community influences from an interdisciplinary, family- centered and community-based approach. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by title I of Public Law 106-525, is amended-- (1) in section 401(b)(2) (42 U.S.C. 281(b)(2)), by adding at the end the following: ``(H) The National Center for Social Work Research.''; and (2) in part E (42 U.S.C. 287 et seq.), by adding at the end the following: ``Subpart 7--National Center for Social Work Research ``SEC. 485J. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of targeted research on social work methods and outcomes related to problems of significant social concern. The Center shall promote research and training designed to inform social work practice, thus increasing the knowledge base which promotes a healthier America. In addition, the Center shall provide policymakers with empirically-based research information to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. ``SEC. 485K. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485J, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, the association of socioeconomic status, gender, ethnicity, age, and geographical location and health, the social work care of persons with and families of individuals with acute and chronic illnesses, child abuse, neglect, and youth violence, and child and family care to address problems of significant social concern especially in underserved populations and underserved geographical areas. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485L. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary of Health and Human Services, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, the Director of the Division of Epidemiology and Services Research, the Assistant Secretary of Health and Human Services for the Administration for Children and Families, the Assistant Secretary of Education for the Office of Educational Research and Improvement, the Assistant Secretary of Housing and Urban Development for Community Planning and Development, and the Assistant Attorney General for Office of Justice Programs (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485M-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485M. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485L(g). ``SEC. 485N. QUARTERLY REPORT. ``The Director of the Center shall prepare a quarterly report to Congress with a summary of findings and policy implications from research conducted or supported through the Center. ``SEC. 485O. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this subpart, there is authorized to be appropriated $30,000,000 for each of the fiscal years 2002 through 2006.''.	National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research (and a related advisory council) to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern.Sets forth reporting requirements.	To amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research.
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Protection of Privacy Act''. SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION IMPACTS ON INDIVIDUAL PRIVACY. (a) In General.--Title 5, United States Code, is amended by adding after section 553 the following new section: ``Sec. 553a. Privacy impact analysis in rulemaking ``(a) Initial Privacy Impact Analysis.-- ``(1) In general.--Whenever an agency is required by section 553 of this title, or any other law, to publish a general notice of proposed rulemaking for any proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, the agency shall prepare and make available for public comment an initial privacy impact analysis. Such analysis shall describe the impact of the proposed rule on the privacy of individuals. The initial privacy impact analysis or a summary shall be signed by the senior agency official with primary responsibility for privacy policy and be published in the Federal Register at the time of the publication of a general notice of proposed rulemaking for the rule. ``(2) Contents.--Each initial privacy impact analysis required under this subsection shall contain the following: ``(A) A description and assessment of the extent to which the proposed rule will impact the privacy interests of individuals, including the extent to which the proposed rule-- ``(i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; ``(ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; ``(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and ``(iv) provides security for such information. ``(B) A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant privacy impact of the proposed rule on individuals. ``(b) Final Privacy Impact Analysis.-- ``(1) In general.--Whenever an agency promulgates a final rule under section 553 of this title, after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States, the agency shall prepare a final privacy impact analysis, signed by the senior agency official with primary responsibility for privacy policy. ``(2) Contents.--Each final privacy impact analysis required under this subsection shall contain the following: ``(A) A description and assessment of the extent to which the final rule will impact the privacy interests of individuals, including the extent to which the proposed rule-- ``(i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; ``(ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; ``(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and ``(iv) provides security for such information. ``(B) A summary of the significant issues raised by the public comments in response to the initial privacy impact analysis, a summary of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such issues. ``(C) A description of the steps the agency has taken to minimize the significant privacy impact on individuals consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the privacy interests of individuals was rejected. ``(3) Availability to public.--The agency shall make copies of the final privacy impact analysis available to members of the public and shall publish in the Federal Register such analysis or a summary thereof. ``(c) Procedure for Waiver or Delay of Completion.--An agency head may waive or delay the completion of some or all of the requirements of subsections (a) and (b) to the same extent as the agency head may, under section 608, waive or delay the completion of some or all of the requirements of sections 603 and 604, respectively. ``(d) Procedures for Gathering Comments.--When any rule is promulgated which may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals, the head of the agency promulgating the rule or the official of the agency with statutory responsibility for the promulgation of the rule shall assure that individuals have been given an opportunity to participate in the rulemaking for the rule through techniques such as-- ``(1) the inclusion in an advance notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals; ``(2) the publication of a general notice of proposed rulemaking in publications of national circulation likely to be obtained by individuals; ``(3) the direct notification of interested individuals; ``(4) the conduct of open conferences or public hearings concerning the rule for individuals, including soliciting and receiving comments over computer networks; and ``(5) the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by individuals. ``(e) Periodic Review of Rules.-- ``(1) In general.--Each agency shall carry out a periodic review of the rules promulgated by the agency that have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals. Under such periodic review, the agency shall determine, for each such rule, whether the rule can be amended or rescinded in a manner that minimizes any such impact while remaining in accordance with applicable statutes. For each such determination, the agency shall consider the following factors: ``(A) The continued need for the rule. ``(B) The nature of complaints or comments received from the public concerning the rule. ``(C) The complexity of the rule. ``(D) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. ``(E) The length of time since the rule was last reviewed under this subsection. ``(F) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the rule was last reviewed under this subsection. ``(2) Plan required.--Each agency shall carry out the periodic review required by paragraph (1) in accordance with a plan published by such agency in the Federal Register. Each such plan shall provide for the review under this subsection of each rule promulgated by the agency not later than 10 years after the date on which such rule was published as the final rule and, thereafter, not later than 10 years after the date on which such rule was last reviewed under this subsection. The agency may amend such plan at any time by publishing the revision in the Federal Register. ``(3) Annual publication.--Each year, each agency shall publish in the Federal Register a list of the rules to be reviewed by such agency under this subsection during the following year. The list shall include a brief description of each such rule and the need for and legal basis of such rule and shall invite public comment upon the determination to be made under this subsection with respect to such rule. ``(f) Judicial Review.-- ``(1) In general.--For any rule subject to this section, an individual who is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b). ``(2) Jurisdiction.--Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b). ``(3) Limitations.-- ``(A) An individual may seek such review during the period beginning on the date of final agency action and ending 1 year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of 1 year, such lesser period shall apply to an action for judicial review under this subsection. ``(B) In the case where an agency delays the issuance of a final privacy impact analysis pursuant to subsection (c), an action for judicial review under this section shall be filed not later than-- ``(i) 1 year after the date the analysis is made available to the public; or ``(ii) where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the analysis is made available to the public. ``(4) Relief.--In granting any relief in an action under this subsection, the court shall order the agency to take corrective action consistent with this section and chapter 7, including, but not limited to-- ``(A) remanding the rule to the agency; and ``(B) deferring the enforcement of the rule against individuals, unless the court finds that continued enforcement of the rule is in the public interest. ``(5) Rule of construction.--Nothing in this subsection shall be construed to limit the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the requirements of this subsection. ``(6) Record of agency action.--In an action for the judicial review of a rule, the privacy impact analysis for such rule, including an analysis prepared or corrected pursuant to paragraph (4), shall constitute part of the entire record of agency action in connection with such review. ``(7) Exclusivity.--Compliance or noncompliance by an agency with the provisions of this section shall be subject to judicial review only in accordance with this subsection. ``(8) Savings clause.--Nothing in this subsection bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise permitted by law. ``(g) Definition.--For purposes of this section, the term `personally identifiable information' means information that can be used to identify an individual, including such individual's name, address, telephone number, photograph, social security number or other identifying information. It includes information about such individual's medical or financial condition.''. (b) Periodic Review Transition Provisions.-- (1) Initial plan.--For each agency, the plan required by subsection (e) of section 553a of title 5, United States Code (as added by subsection (a)), shall be published not later than 180 days after the date of the enactment of this Act. (2) In the case of a rule promulgated by an agency before the date of the enactment of this Act, such plan shall provide for the periodic review of such rule before the expiration of the 10-year period beginning on the date of the enactment of this Act. For any such rule, the head of the agency may provide for a 1-year extension of such period if the head of the agency, before the expiration of the period, certifies in a statement published in the Federal Register that reviewing such rule before the expiration of the period is not feasible. The head of the agency may provide for additional 1-year extensions of the period pursuant to the preceding sentence, but in no event may the period exceed 15 years. (c) Congressional Review.--Section 801(a)(1)(B) of title 5, United States Code, is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (2) by inserting after clause (ii) the following new clause: ``(iii) the agency's actions relevant to section 553a;''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 553 the following new item: ``553a. Privacy impact analysis in rulemaking.''. Passed the House of Representatives October 7, 2002. Attest: Clerk.	Federal Agency Protection of Privacy Act - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or for an interpretative rule involving the internal revenue laws, to prepare, make available for public comment, and publish an initial analysis describing the rule's impact on the privacy of individuals; and (2) when promulgating the final rule, to prepare, make publicly available, and publish a final privacy impact analysis that includes a summary of the significant issues raised by and changes made pursuant to public comments on the initial analysis. Allows an agency head to waive or delay the completion of some or all of such requirements to the same extent such agency head may waive or delay completion of requirements for initial and final regulatory flexibility analyses.Requires the head of an agency promulgating a rule that may have a significant privacy impact on individuals or on a substantial number of individuals to use specified techniques to assure that individuals have been given an opportunity to participate in the rulemaking.Requires each agency to: (1) carry out a periodic review of promulgated rules that have such impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years after the rule was published as a final rule; and (3) publish annually a list of the rules to be reviewed.Sets forth provisions governing judicial review of agency compliance with this Act.Requires submission of an agency's actions under this Act for congressional review.	To amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes.

SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provision.

Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization. Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law. Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law. Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State.

A bill to limit the civil liability of business entities providing use of facilities to nonprofit organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights Information Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The people of the United States consider the national and international protection and promotion of human rights and the rule of law the most important values of any democracy. The founding fathers defined human rights prominently in the Bill of Rights, giving those rights a special priority and protection in the Constitution. (2) Federal agencies are in possession of documents pertaining to gross human rights violations abroad which are needed by foreign authorities to document, investigate, and subsequently prosecute instances of continued and systematic gross human rights violations, including those directed against citizens of the United States. (3) The United States will continue to receive requests from foreign authorities for legal assistance regarding human rights violations, including the declassification of documents. In addition to requests by Guatemala and Honduras, a Spanish court magistrate, Baltasar Garzon, recently requested from the United States information on General Augusto Pinochet. Currently, the United States responds to declassification requests by following procedures outlined in Presidential directives and executive orders. The overwhelming interest of the United States in the protection and promotion of human rights nationally and internationally requires a significant strengthening of existing declassification procedures, including section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). (4) The expedient declassification of human rights documents in full compliance with United States security interests according to the procedures outlined in this Act will protect global human rights by strengthening the rule of law internationally, creating a crucial level of accountability of Federal agencies, and will result in significant saving of Government resources. (5) The commitment to the promotion and protection of human rights and democracy around the world has led the United States to undertake tremendous diplomatic, economic, and military efforts to end systematic gross human rights violations abroad, consistent with the national interests and international leadership role of the United States. In addition, countless humanitarian United States nongovernmental organizations and citizens of the United States promote human rights and democracy in foreign countries. These efforts are thwarted if the cycle of impunity for human rights violations is not broken in those countries, and the likelihood of the need for renewed United States engagements in those areas remains. (6) The United States therefore has a significant interest that newly established or reestablished democratic societies take credible steps to fully investigate and prosecute human rights violations. These steps can include the creation of a national or international truth commission or tribunal, the appointment of a human rights officer, or official national investigations led by credible sections of the civil society, including churches and nongovernmental organizations. (7) The United States has long provided international leadership to end impunity for gross human rights violations and to promote the rule of law around the world by establishing and supporting the Nuremberg and Tokyo War Crimes Tribunal; in addition, the United States has actively participated in, among others, the International War Crimes Tribunals on the former Yugoslavia and Rwanda. (8) The United States has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which in article 9 obligates parties to ``afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any [acts of, attempts of, or complicity in acts of torture], including the supply of all evidence at their disposal necessary for the proceedings.'' In addition, as a member State of the Organization of American States, the United States should seek to follow the December 8, 1998, recommendation of the Inter-American Commission on Human Rights ``that member States of the Organization of American States adopt legislative and such other measures as may be necessary to effectuate the right of free access to information in files and documents in the power of the State, particularly in cases of investigations to establish criminal responsibility for international crimes and serious violations of human rights.'' (9) The Guatemalan peace accords, which the Government of the United States firmly supports, included as an important and vital component an investigation and a report by the Commission for the Historical Clarification of Human Rights Violations and Acts of Violence which have Caused Suffering to the Guatemalan People (referred to in this Act as the ``Clarification Commission''). Despite the conclusion of this investigation, many questions, including the identity of perpetrators of human rights violations as well as the location of bodies of the ``disappeared'', remain unanswered. The Clarification Commission explicitly recommended that ``all available legal and material resources should be utilized [by the Guatemalan Government] to clarify the whereabouts of the disappeared and, in the case of death, to deliver the remains to the relatives.'' (10) Two days after presenting a parallel investigation, ``Guatemala: Never Again'', by the Historical Memory Recovery Project by the Archbishop of Guatemala, the director of the project, Bishop Juan Jose Gerardi, was assassinated. (11) President Clinton stated in Guatemala on March 10, 1999, that ``[f]or the United States, it is important that I state clearly that support for military forces or intelligence units which engaged in violent and widespread repression of the kind described in the report [by the Clarification Commission] was wrong, and the United States must not repeat that mistake. We must, and we will, instead, continue to support the peace and reconciliation process in Guatemala.'' (12) The National Commissioner for the Protection of Human Rights in the Republic of Honduras has been requesting documentation of the United States on human rights violations in Honduras since November 15, 1993. The Commissioner's request has been partly fulfilled, but aspects of it are still pending. SEC. 3. DEFINITIONS. In this Act: (1) Human rights record.--The term ``human rights record'' means a record in the possession, custody, or control of the United States Government containing information about gross violations of internationally recognized human rights committed after 1944. (2) Agency.--The term ``agency'' means any agency of the United States Government charged with the conduct of foreign policy or foreign intelligence, including, but not limited to, the Department of State, the Agency for International Development, the Department of Defense (and all of its components), the Central Intelligence Agency, the National Reconnaissance Office, the Department of Justice (and all of its components), the National Security Council, and the Executive Office of the President. (3) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' has the meaning given that term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS RECORDS REGARDING GUATEMALA AND HONDURAS. (a) In General.--Notwithstanding any other provision of law, the provisions of this Act shall govern the declassification and public disclosure of human rights records by agencies. (b) Identification of Records.--Not later than 120 days after the date of enactment of this Act, each agency shall identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for the purpose of declassifying and disclosing the records to the public. Except as provided in section 5, all records described in the preceding sentence shall be made available to the public not later than 30 days after a review under this section is completed. (c) Report to Congress.--Not later than 150 days after the date of enactment of this Act, the President shall report to Congress regarding each agency's compliance with the provisions of this Act. SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS. (a) In General.--An agency may postpone public disclosure of a human rights record or particular information in a human rights record only if the agency determines that there is clear and convincing evidence that-- (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States raised by public disclosure of the human rights record is of such gravity that it outweighs the public interest, and such public disclosure would reveal-- (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method-- (i) which is being utilized, or reasonably expected to be utilized, by the United States Government; (ii) which has not been officially disclosed; and (iii) the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the public disclosure of the human rights record would reveal the name or identity of a living individual who provided confidential information to the United States and would pose a substantial risk of harm to that individual; (3) the public disclosure of the human rights record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the human rights record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest. (b) Special Treatment of Certain Information.--It shall not be grounds for postponement of disclosure of a human rights record that an individual named in the human rights record was an intelligence asset of the United States Government, although the existence of such relationship may be withheld if the criteria set forth in subsection (a) are met. For purposes of the preceding sentence, the term an ``intelligence asset'' means a covert agent as defined in section 606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)). SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN OTHER COUNTRIES. In the event that an agency of the United States receives a request for human rights records from an entity created by the United Nations, the Organization of American States or a similar entity, a national truth commission or entity of similar nature, or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, the agency shall conduct a review of records as described in section 4 and shall declassify and publicly disclose such records in accordance with the standards and procedures set forth in this Act. SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS. (a) Duties of the Appeals Panel.--The Interagency Security Classification Appeals Panel or any other entity subsequently established by law or Executive order and charged with carrying out the functions currently carried out by such Panel (referred to in this Act as the ``Appeals Panel'') shall review all determinations by an agency to postpone public disclosure of any human rights record. (b) Determinations of the Appeals Panel.-- (1) In general.--The Appeals Panel shall direct that all human rights records be disclosed to the public, unless the Appeals Panel determines that there is clear and convincing evidence that-- (A) the record is not a human rights record; or (B) the human rights record or particular information in the human rights record qualifies for postponement of disclosure pursuant to section 5. (2) Treatment in cases of nondisclosure.--If the Appeals Panel concurs with an agency decision to postpone disclosure of a human rights record, the Appeals Panel shall determine, in consultation with the originating agency and consistent with the standards set forth in this Act, which, if any, of the alternative forms of disclosure described in paragraph (3) shall be made by the agency. (3) Alternative forms of disclosure.--The forms of disclosure described in this paragraph are as follows: (A) Disclosure of any reasonably segregable portion of the human rights record after deletion of the portions described in paragraph (1). (B) Disclosure of a record that is a substitute for information which is not disclosed. (C) Disclosure of a summary of the information contained in the human rights record. (4) Notification of determination.-- (A) In general.--Upon completion of its review, the Appeals Panel shall notify the head of the agency in control or possession of the human rights record that was the subject of the review of its determination and shall, not later than 14 days after the determination, publish the determination in the Federal Register. (B) Notice to president.--The Appeals Panel shall notify the President of its determination. The notice shall contain a written unclassified justification for its determination, including an explanation of the application of the standards contained in section 5. (5) General procedures.--The Appeals Panel shall publish in the Federal Register guidelines regarding its policy and procedures for adjudicating appeals. (c) Presidential Authority Over Appeals Panel Determination.-- (1) Public disclosure or postponement of disclosure.--The President shall have the sole and nondelegable authority to review any determination of the Appeals Panel under this Act, and such review shall be based on the standards set forth in section 5. Not later than 30 days after the Appeals Panel's determination and notification to the agency pursuant to subsection (b)(4), the President shall provide the Appeals Panel with an unclassified written certification specifying the President's decision and stating the reasons for the decision, including in the case of a determination to postpone disclosure, the standards set forth in section 5 which are the basis for the President's determination. (2) Record of presidential postponement.--The Appeals Panel shall, upon receipt of the President's determination, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to the postponement of disclosure of a human rights record. SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS. Upon completion of the review and disclosure of the human rights records relating to Guatemala and Honduras, the Information Security Policy Advisory Council, established pursuant to Executive Order No. 12958, shall report to Congress on the desirability and feasibility of declassification of human rights records relating to other countries. The report shall be available to the public. SEC. 9. RULES OF CONSTRUCTION. (a) Freedom of Information Act.--Nothing in this Act shall be construed to limit any right to file a request with any executive agency or seek judicial review of a decision pursuant to section 552 of title 5, United States Code. (b) Judicial Review.--Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. SEC. 10. CREATION OF POSITIONS. For purposes of carrying out the provisions of this Act, there shall be 2 additional positions in the Appeals Panel. The President shall appoint individuals who are not employees of the United States who have demonstrated substantial human rights expertise and who are able to meet the security requirements for the positions. The President shall seek recommendations with respect to such positions from nongovernmental human rights organizations.

Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public. Instructs the President to report to Congress regarding agency compliance. Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds. Requires any U.S. agency, upon request by an entity created by the United Nations, the Organization of American States (or similar entity), a national truth commission (or similar entity), or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, to review, declassify, and publicly disclose any human pertinent rights records. Directs the Information Security Policy Advisory Council to report to Congress on declassification of human rights records relating to other countries and to make such report available to the public. Creates two additional positions in the Panel in order to implement this Act.

Human Rights Information Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Jackie Robinson Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball by Jackie Robinson, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design-- (A) on the obverse side of the coins minted under this Act shall be emblematic of Jackie Robinson; and (B) on the reverse side of such coins shall be emblematic of Jackie Robinson's association with and contributions to major league baseball. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Jackie Robinson Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning April 15, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 15, 1998. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 10(a), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Jackie Robinson Foundation (hereafter in this Act referred to as the Foundation'') for the purpose of-- (1) enhancing the programs of the Foundation in the field of education and youth leadership skills development; and (2) increasing the availability of scholarships for youth with the greatest need. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES. (a) Payment of Surcharges.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act shall be paid to the Foundation unless-- (1) all numismatic operation and program costs allocable to the program under which such coins are produced and sold have been recovered; and (2) the Foundation submits an audited financial statement which demonstrates to the satisfaction of the Secretary that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the Foundation has raised funds from private sources for such projects and purposes in an amount which is equal to or greater than the maximum amount the Foundation may receive from the proceeds of such surcharge. (b) Annual Audits.-- (1) Annual audits of recipients required.--The Foundation shall provide, as a condition for receiving any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the Foundation, of all such payments to the Foundation beginning in the first fiscal year of the Foundation in which any such amount is received and continuing until all such amounts received by the Foundation with respect to such surcharges are fully expended or placed in trust. (2) Minimum requirements for annual audits.--At a minimum, each audit of the Foundation pursuant to paragraph (1) shall report-- (A) the amount of payments received by the Foundation during the fiscal year of the Foundation for which the audit is conducted which are derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act; (B) the amount expended by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted; and (C) whether all expenditures by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted were for authorized purposes. (3) Responsibility of foundation to account for expenditures of surcharges.--The Foundation shall take appropriate steps, as a condition for receiving any payment of any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the Foundation in each fiscal year of the Foundation can be accounted for separately from all other revenues and expenditures of the Foundation. (4) Submission of audit report.--Not later than 90 days after the end of any fiscal year of the Foundation for which an audit is required under paragraph (1), the Foundation shall-- (A) submit a copy of the report to the Secretary; and (B) make a copy of the report available to the public. (5) Use of surcharges for audits.--The Foundation may use any amount received from payments derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act to pay the cost of an audit required under paragraph (1). (6) Waiver of subsection.--The Secretary may waive the application of any paragraph of this subsection to the Foundation for any fiscal year after taking into account the amount of surcharges which such Foundation received or expended during such year. (7) Availability of books and records.--The Foundation shall provide, as a condition for receiving any payment derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and workpapers belonging to or used by the Foundation, or by any independent public accountant who audited the Foundation in accordance with paragraph (1), which may relate to the receipt or expenditure of any such amount by the Foundation. (c) Use of Agents or Attorneys to Influence Commemorative Coin Legislation.--No portion of any payment to the Foundation from amounts derived from the proceeds of surcharges imposed on the sale of coins issued under this Act may be used, directly or indirectly, by the Foundation to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to the coins minted and issued under this Act.

Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths.

Jackie Robinson Commemorative Coin Act

SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS INVESTMENTS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS. ``(a) Nonrecognition of Gain.--In the case of the sale of any capital asset with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any eligible small business investment purchased by the taxpayer during the 12-month period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Capital asset.--The term `capital asset' has the meaning given such term by section 1221 (determined without regard to paragraph (2) of such section), except that such term shall include gain derived from the bulk sale of inventory not in the ordinary course of a trade or business. ``(2) Investment property.--The term `investment property' means property that has the capacity to produce gross income from-- ``(A) interest, annuities, or royalties, not derived in the ordinary course of a trade or business, or ``(B) dividends. Such term shall not include expansion shares. ``(3) Purchase.--The term `purchase' has the meaning given such term by section 1043(b)(4). ``(4) Eligible small business investment.--Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, if-- ``(A) as of the date of issuance of such stock or partnership interest, such corporation or partnership is a qualified small business entity, and ``(B) such stock or partnership interest is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock). A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. ``(5) Qualified small business entity.-- ``(A) In general.--The term `qualified small business entity' means any domestic corporation or partnership if-- ``(i) for the taxable year of such entity in which the stock or partnership interest was issued and each prior taxable year, such entity (and any predecessor thereof) had gross receipts of less than $5,000,000, ``(ii) the primary activity of such entity (and any predecessor thereof) for the taxable year of such issuance and each prior taxable year was an activity listed in the Standard Industrial Classification Manual, 1987 (SIC), as published by the Office of Management and Budget, Executive Office of the President, as being-- ``(I) agriculture, forestry or fishing (Division A), ``(II) mining (Division B), ``(III) construction (Division C), ``(IV) manufacturing (Division D), ``(V) transportation, communications, electric, gas or sanitary service (Division E), ``(VI) wholesale trade (Division F), ``(VII) retail trade (Division (G), ``(VIII) personal services (Major Group 72, Division I), ``(IX) business services (Major Group 73, Division I), ``(X) automotive repair, services or parking (Major Group 75, Division I), ``(XI) miscellaneous repair services (Major Group 76, Division I), or ``(XII) engineering, accounting, research, management or related services (Major Group 87, Division I), ``(iii) such entity generates income from investment property only as an incidental effect of the management of a working capital pool aggregated and directed toward investing in any qualified small business entity, and ``(iv) the majority of full-time employees employed by such entity and the largest percentage, by dollar value, of independent contractors under contract to such entity are located in the United States. For purposes of clause (iii), ownership interests in entities controlled by such entity or directly involved in the primary activity referred to in clause (ii) with respect to such entity do not constitute investment property, and the Secretary may further define by regulation what constitutes an incidental holding of investment property. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subparagraph (A). ``(C) Special rules for determining gross receipts.--The rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply for purposes of subparagraph (A)(i). ``(c) Inapplicability to Certain Gain.--Subsection (a) shall not apply to any of the following types of gain: ``(1) Gain from the sale or other disposition of property received in lieu of salary, wages, or other compensation for services performed by the taxpayer, to the extent of the fair market value of the property at the time of receipt by the taxpayer. ``(2) Gain from the sale of property that is not held for the production of income. ``(3) Gain from investment property. ``(4) Gain that is treated or characterized as ordinary income for purposes of this title. ``(5) Gain, to the extent the gain is not recognized under section 1044 or 1202, notwithstanding that the gain is derived from the sale of expansion shares. ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 (without regard to any 5-year holding period requirement) shall apply for purposes of this section. ``(e) Prohibition of Basis Adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall not be applied to reduce the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 12-month period described in subsection (a). ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then-- ``(1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- ``(A) the taxpayer's cost of purchasing the eligible small business investment which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase any eligible small business investment within the 12-month period described in subsection (a), or ``(C) a failure to make such purchase within such 12-month period, and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise. ``(h) Termination.--Subsection (a) shall not apply to any taxable year beginning on or after January 1, 2004.'' (b) Report by Secretary.--Not later than December 31, 2001, the Secretary of the Treasury shall submit to each House of the Congress a report detailing the effects of section 1045 of such Code, as added by this Act. (c) Clerical Amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain to small business investments.'' (d) Effective Date.--The amendments made by this section shall apply to investments purchased after the date of the date of the enactment of this Act, for taxable years ending after such date.

Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock.

To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Energy Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Appraisals. Sec. 4. Standardization. Sec. 5. Environmental reviews of major Federal actions on Indian lands. Sec. 6. BLM oil and gas fees. Sec. 7. Bonding requirements and nonpayment of attorneys' fees to promote Indian energy projects. Sec. 8. Tribal biomass demonstration project. Sec. 9. Tribal resource management plans. Sec. 10. Leases of restricted lands for the Navajo Nation. Sec. 11. Nonapplicability of certain rules. SEC. 3. APPRAISALS. (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following: ``SEC. 2607. APPRAISAL REFORMS. ``(a) Options to Indian Tribes.--With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by-- ``(1) the Secretary; ``(2) the affected Indian tribe; or ``(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. ``(b) Time Limit on Secretarial Review and Action.--Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall-- ``(1) review the appraisal; and ``(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. ``(d) Option to Indian Tribes To Waive Appraisal.-- ``(1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below. ``(2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. ``(3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. ``(e) Definition.--For purposes of this subsection, the term `appraisal' includes appraisals and other estimates of value. ``(f) Regulations.--The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal.''. (b) Conforming Amendment.--The table of contents of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: ``Sec. 2607. Appraisal reforms.''. SEC. 4. STANDARDIZATION. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS. Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following: ``(b) Review of Major Federal Actions on Indian Lands.-- ``(1) In general.--For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area. ``(2) Regulations.--The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. ``(3) Definitions.--In this subsection, each of the terms `Indian land' and `Indian tribe' has the meaning given that term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). ``(4) Clarification of authority.--Nothing in the Native American Energy Act, except section 7 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands.''. SEC. 6. BLM OIL AND GAS FEES. The Secretary of the Interior, acting through the Bureau of Land Management, shall not collect any fee for any of the following: (1) For an application for a permit to drill on Indian land. (2) To conduct any oil or gas inspection activity on Indian land. (3) On any oil or gas lease for nonproducing acreage on Indian land. SEC. 7. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO PROMOTE INDIAN ENERGY PROJECTS. (a) In General.--A plaintiff who obtains a preliminary injunction or administrative stay in an energy related action, but does not ultimately prevail on the merits of the energy related action, shall be liable for damages sustained by a defendant who-- (1) opposed the preliminary injunction or administrative stay; and (2) was harmed by the preliminary injunction or administrative stay. (b) Bond.--Unless otherwise specifically exempted by Federal law, a court may not issue a preliminary injunction and an agency may not grant an administrative stay in an energy related action until the plaintiff posts with the court or the agency a surety bond or cash equivalent-- (1) in an amount the court or agency decides is 30 percent of that amount that the court or agency considers is sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages, including but not limited to preliminary development costs, additional development costs, and reasonable attorney fees, that each defendant may sustain as a result of the preliminary injunction or administrative stay; (2) written by a surety licensed to do business in the State in which the Indian Land or other land where the activities are undertaken is situated; and (3) payable to each defendant opposing the preliminary injunction or administrative stay, in the event that the plaintiff does not prevail on the merits of the energy related action, Provided, that, if there is more than one plaintiff, the court or agency shall establish the amount of the bond required by this subsection for each plaintiff in a fair and equitable manner. (c) Limitation on Certain Payments.--Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an energy related action. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Administrative stay.--The term ``Administrative Stay'' means a stay or other temporary remedy issued by a Federal agency, including the Department of the Interior, the Department of Agriculture, the Department of Energy, the Department of Commerce, and the Environmental Protection Agency. (2) Indian land.--The term ``Indian Land'' has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1601). (3) Energy related action.--The term ``energy related action'' means a cause of action that-- (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action (as defined in section 702 of title 5, United States Code), to issue a permit, license, or other form of agency permission allowing: (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, or (ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail on the merits.--The phrase ``Ultimately prevail on the merits'' means, in a final enforceable judgment on the merits, the court rules in the plaintiff's favor on at least one cause of action which is an underlying rationale for the preliminary injunction, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. (5) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. SEC. 8. TRIBAL BIOMASS DEMONSTRATION PROJECT. The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 (25 U.S.C. 3115a) the following: ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. ``(a) In General.--For each of fiscal years 2014 through 2018, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. ``(b) Definitions.--The definitions in section 2 shall apply to this section. ``(c) Demonstration Projects.--In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). ``(d) Eligibility Criteria.--To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application-- ``(1) containing such information as the Secretary may require; and ``(2) that includes a description of-- ``(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and ``(B) the demonstration project proposed to be carried out by the Indian tribe. ``(e) Selection.--In evaluating the applications submitted under subsection (c), the Secretary-- ``(1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108- 278; and whether a proposed demonstration project would-- ``(A) increase the availability or reliability of local or regional energy; ``(B) enhance the economic development of the Indian tribe; ``(C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; ``(D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or ``(E) otherwise promote the use of woody biomass; and ``(2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. ``(f) Implementation.--The Secretary shall-- ``(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and ``(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. ``(g) Report.--Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period-- ``(1) each individual tribal application received under this section; and ``(2) each contract and agreement entered into pursuant to this section. ``(h) Incorporation of Management Plans.--In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. ``(i) Term.--A stewardship contract or other agreement entered into under this section-- ``(1) shall be for a term of not more than 20 years; and ``(2) may be renewed in accordance with this section for not more than an additional 10 years.''. SEC. 9. TRIBAL RESOURCE MANAGEMENT PLANS. Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. SEC. 10. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION. Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing Act''), is amended-- (1) by striking ``, except a lease for'' and inserting ``, including leases for''; (2) in subparagraph (A), by striking ``25'' the first place it appears and all that follows and inserting ``99 years;''; (3) in subparagraph (B), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years.''. SEC. 11. NONAPPLICABILITY OF CERTAIN RULES. No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status.

Native American Energy Act - (Sec. 3) Amends the Energy Policy Act of 1992 to allow the Secretary of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval. Deems an appraisal that is conducted by an Indian tribe or by an appraiser under contract with an Indian tribe to be approved if the Secretary does not approve or disapprove of the appraisal within 60 days of receiving it. Gives tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent to do so that includes an express waiver of any claims they might have against the United States that result from forgoing the appraisal. (Sec. 4) Requires each agency within the Department of the Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 5) Amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area. (Sec. 6) Prohibits the Secretary from collecting a fee for: (1) applying for a permit to drill on Indian land, (2) oil or gas inspection activities on such lands, or (3) any oil or gas lease for nonproducing acreage on Indian land. (Sec. 7) Requires plaintiffs who obtain a preliminary injunction or administrative stay in Indian energy related actions to post bond. (Indian energy related actions are those concerned with energy activities undertaken on Indian land or by Indian tribes on other lands.) Subjects plaintiffs to liability for a defendant's harm should they not ultimately prevail on the merits of the energy related action. Prohibits plaintiffs in Indian energy related actions against the federal government from receiving certain federal payments for their fees or expenses. (Sec. 8) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes, from FY2014-FY2018, to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Requires the creation of at least four new demonstration projects during each of those fiscal years. Directs the Secretary, when reviewing project applications, to consider whether a proposed demonstration project will: increase the availability or reliability of local or regional energy, enhance the tribe's economic development, improve the connection of electric power transmission facilities serving the tribe with other electric transmission facilities, improve the forest health or watersheds of federal land or Indian forest land or rangeland, or otherwise promote woody biomass use. Directs the Secretary, to the extent practicable, to incorporate management plans in effect on Indian forest land or rangeland into demonstration project agreements affecting those lands. Prohibits the agreements from having a term that exceeds 20 years, but allows them to be renewed for up to ten additional years. (Sec. 9) Considers activities conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary to be a sustainable management practice when sustainability is federally required. (Sec. 10) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without the Secretary's approval, provided they are executed under tribal regulations approved by the Secretary. Allows the Navajo Nation to enter into mineral resource leases on their restricted lands without the Secretary's approval if they are executed under approved tribal regulations and do not exceed 25 years, though they may include a renewal option for one additional term not exceeding 25 years. (Sec. 11) Prohibits any Department of the Interior rule regarding hydraulic fracturing, used in oil and gas development or production, from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries.

Native American Energy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Insurance Relief Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Holocaust, including the murder of 6,000,000 European Jews, the systematic destruction of families and communities, and the wholesale theft of their assets, was one of the most tragic crimes in modern history. (2) When Holocaust survivors or heirs of Holocaust victims presented claims to insurance companies after World War II, many were rejected because the claimants did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis. (3) In many instances, insurance company records are the only proof of the existence of insurance policies belonging to Holocaust victims. (4) Holocaust survivors and their descendants have been fighting for decades to persuade insurance companies to settle unpaid insurance claims. (5) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as the ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, representatives of international Jewish organizations, and the State of Israel, to expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (6) On July 17, 2000, the United States and Germany signed an Executive Agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated the ICHEIC to resolve all insurance claims that were not paid or were nationalized during the Nazi era. (7) The ICHEIC's deadline for receiving claims applications is January 31, 2002. (8) Three years into the process of addressing the issue of unpaid insurance policies, companies continue to withhold thousands of names on dormant accounts. (9) As of June 15, 2001, more than 84 percent of the 72,675 claims applications filed with the ICHEIC remained idle because the claimants could not identify the company holding the policy. (10) Insurance companies doing business in the United States have a responsibility to ensure the disclosure of insurance policies of Holocaust victims that they or their related companies may have issued, to facilitate the rapid resolution of questions concerning these policies, and to eliminate the further victimization of policyholders and their families. (11) State legislatures in California, Florida, New York, Minnesota, Washington, and elsewhere have been challenged in efforts to implement laws that restrict the ability of insurers to engage in business transactions in those States until the insurers publish the names of Holocaust-era policyholders. (b) Purpose.--The purpose of this Act is to provide information about Holocaust-era insurance policies to Holocaust victims and their heirs and beneficiaries to enable them to expeditiously file their rightful claims under the policies. SEC. 3. HOLOCAUST INSURANCE REGISTRY. (a) Establishment and Maintenance.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2119. Holocaust Insurance Registry ``(a) Establishment.--The Archivist shall establish and maintain a collection of records that shall-- ``(1) be known as the Holocaust Insurance Registry; and ``(2) consist of the information provided to the Archivist under section 5 of the Holocaust Victims Insurance Relief Act of 2001. ``(b) Public Accessibility.--The Archivist shall make all such information publicly accessible and searchable by means of the Internet and by any other means the Archivist deems appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2119. Holocaust Insurance Registry.''. SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS. (a) Requirement.--An insurer shall cause to be filed with the Secretary of Commerce in accordance with subsection (b) the following information: (1) The first name, last name, date of birth, and domicile of the policyholder of each covered policy issued by the insurer or a related company of the insurer. (2) The name of the entity that issued the covered policy. (3) The name of the entity that is responsible for the liabilities of the entity that issued the covered policy. (b) Proper Filing.--A filing under subsection (a) shall be made not later than the earlier of 90 days after the date of the enactment of this Act or January 31, 2002, in an electronic format approved jointly by the Archivist of the United States and the Secretary of Commerce. SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST. The Secretary of Commerce shall provide to the Archivist of the United States any information filed with the Secretary under section 4(a) promptly after the filing of such information. SEC. 6. PENALTY. The Secretary of Commerce shall assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of section 4, as determined by the Secretary. SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES. To the extent or in the amounts provided in advance in appropriation Acts, the Archivist of the United States may use amounts received by the Government as civil penalties under section 6 to maintain the Holocaust Insurance Registry. SEC. 8. NOTIFICATION. (a) Initial Notification.--Not later than 180 days after the date of the enactment of this Act and periodically afterward, the Secretary of Commerce shall notify each State's commissioner of insurance of the identity of each insurer that has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. (b) Requests by States.--On request by the commissioner of insurance of a State concerning an insurer operating in that State, the Secretary of Commerce shall inform the commissioner of insurance whether the insurer has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES. (a) Preemption.--Nothing in this Act preempts the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution. (b) Sense of Congress.--It is the sense of the Congress that if any litigation challenging any State law described in subsection (a) is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs. SEC. 10. DEFINITIONS. In this Act: (1) Commissioner of insurance.--The term ``commissioner of insurance'' means the highest ranking officer of a State responsible for regulating insurance. (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, or property insurance policy that was-- (A) in effect at any time after January 30, 1933, and before December 31, 1945; and (B) issued to a policyholder domiciled in any area of the European Continent that was occupied or controlled by Nazi Germany or by any ally or sympathizer of Nazi Germany at any time during the period described in subparagraph (A). (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance in United States interstate or foreign commerce, if the person or a related company of the person issued a covered policy, regardless of when the related company became a related company of the insurer. (4) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act.

Holocaust Victims Insurance Relief Act of 2001 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry to consist of information on holders and issuers (and related liable entities) of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period.Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day an insurer fails to comply; and (3) notify each State's commissioner of insurance of the identity of any insurer that has failed to file such information or to satisfy any penalty.

To provide for the establishment of the Holocaust Insurance Registry by the Archivist of the United States and to require certain disclosures by insurers to the Secretary of Commerce.

SECTION 1. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. (a) In General.--Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS''; and (2) by adding at the end the following: ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 5545. FINDINGS. ``Congress finds the following: ``(1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 5 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. ``(2) School counselors, school social workers, and school psychologists are needed to help these children and to provide a variety of crucial support services. ``(3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 561 to 1. ``(4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. ``(5) According to the Institute of Medicine of the National Academy of Sciences, the maximum recommended ratio of-- ``(A) students to school counselors is 250 to 1; ``(B) students to school psychologists is 1,000 to 1; and ``(C) students to school social workers is 800 to 1. ``(6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, no school-based mental health and student service provider is available to assist students in times of crisis, or at any other time. ``(7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation's youth will retire. ``(8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal's office, reduced the use of weapons, force, and threats, and increased students' feelings of safety. ``SEC. 5546. PURPOSES. ``The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, and school social workers to achieve each of the following: ``(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the Institute of Medicine of the National Academy of Sciences in its 1997 report `Schools and Health: Our Nation's Investment': ``(A) 1 school counselor for every 250 students; ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 school social worker for every 800 students. ``(2) To provide school-based mental health and student services. ``(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students classroom preparedness and ability to learn. ``(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``(5) To support parental involvement in improving the school behavior and academic success of their children. ``SEC. 5547. DEFINITIONS. ``In this chapter, the following definitions apply: ``(1) Child.--The term `child' means an individual who is not less than 5 years old and not more than 17 years old. ``(2) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``(3) Mental health and student service provider.--The term `mental health and student service provider' means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist, or a qualified school social worker. ``(4) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. ``(5) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(6) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(7) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; ``(B) possesses State licensure or certification in school psychology in the State in which the individual works; or ``(C) possesses national certification by the National School Psychology Certification Board. ``(8) School social worker.--The term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; ``(B) is licensed or certified by the State in which services are provided; or ``(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. ``(9) State.--The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER GRANT PROGRAM. ``(a) In General.--In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. ``(b) Allocation of Funds.--From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall-- ``(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and ``(2) make available in the form of grants to each eligible State an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and ``(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. ``(c) Minimum Grant.--Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. ``(d) Reallocation.--The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. ``(e) Application by State.-- ``(1) In general.--To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary may not approve an application under this subsection unless the State submitting the application-- ``(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, and school social workers; and ``(B) provides an assurance that the State will provide the matching amount required under subsection (g). ``(f) Use of Funds by State.-- ``(1) In general.--In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. ``(2) Administrative costs.--In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State's responsibilities under this chapter. ``(3) Allocation of funds.--In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(4) Minimum grant.--Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. ``(5) Source of data.--For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(6) Application by local educational agencies.--A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(g) Matching Funds.-- ``(1) In general.--As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. ``(2) Local contribution.--In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. ``(3) Form.--The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. ``(h) Funds To Be Supplementary.--Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. ``(i) Data Collection and Report.-- ``(1) In general.--For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. ``(2) Report.--Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter-- ``(A) the number of school counselors, school psychologists, and school social workers employed by local educational agency; and ``(B) the ratio of students to school counselors, the ratio of students to school psychologists, and the ratio of students to school social workers. ``(3) Source of funds.--A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. ``(4) Publication.--The Secretary shall make data received under this subsection publicly available on an annual basis. ``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2004 through 2008.''. (b) Clerical Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by amending the items relating to subpart 14 of title V to read as follows: ``Subpart 14--Grants to Improve the Mental Health of Children ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ``Sec. 5541. Grants for the integration of schools and mental health systems. ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``Sec. 5545. Findings. ``Sec. 5546. Purposes. ``Sec. 5547. Definitions. ``Sec. 5548. School-based mental health and student service provider grant program. ``Sec. 5549. Authorization of appropriations.''.

Amends the Elementary and Secondary Education Act of 1965 to establish a program to assist States and local educational agencies (LEAs) to recruit, train, and hire additional school-based mental health and student service providers, including additional school counselors, psychologists, and social workers (in order to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of one school counselor for every 250 students, one psychologist for every 1,000 students, and one social worker for every 800 students, as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health). Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate funds from Federal and State shares of program costs to LEAs according to specified formulae.

To amend the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for assistance in hiring additional school-based mental health and student service providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gallatin Land Consolidation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the land north of Yellowstone National Park possesses outstanding natural characteristics and wildlife habitats that make the land a valuable addition to the National Forest System; (2) it is in the interest of the United States to establish a logical and effective ownership pattern for the Gallatin National Forest, reducing long-term costs for taxpayers and increasing and improving public access to the forest; (3) it is in the interest of the United States for the Secretary of Agriculture to enter into an Option Agreement for the acquisition of land owned by Big Sky Lumber Co. to accomplish the purposes of this Act; and (4) other private property owners are willing to enter into exchanges that further improve the ownership pattern of the Gallatin National Forest. SEC. 3. DEFINITIONS. In this Act: (1) BLM land.--The term ``BLM land'' means approximately 2,000 acres of Bureau of Land Management land (including all appurtenances to the land) that is proposed to be acquired by BSL, as depicted in Exhibit B to the Option Agreement. (2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an Oregon joint venture, and its successors and assigns, and any other entities having a property interest in the BSL land. (3) BSL land.--The term ``BSL land'' means approximately 54,000 acres of land (including all appurtenances to the land except as provided in section 4(e)(1)(D)(i)) owned by BSL that is proposed to be acquired by the Secretary of Agriculture, as depicted in Exhibit A to the Option Agreement. (4) Eastside national forests.--The term ``Eastside National Forests'' means national forests east of the Continental Divide in the State of Montana, including the Beaverhead National Forest, Deerlodge National Forest, Helena National Forest, Custer National Forest, and Lewis and Clark National Forest. (5) National forest system land.--The term ``National Forest System land'' means approximately 29,000 acres of land (including all appurtenances to the land) owned by the United States in the Gallatin National Forest, Flathead National Forest, Deerlodge National Forest, Helena National Forest, Lolo National Forest, and Lewis and Clark National Forest that is proposed to be acquired by BSL, as depicted in Exhibit B to the Option Agreement. (6) Option agreement.--The term ``Option Agreement'' means-- (A) the document signed by BSL, dated July 29, 1998 and entitled ``Option Agreement for the Acquisition of Big Sky Lumber Co. Lands Pursuant to the Gallatin Range Consolidation and Protection Act of 1993''; (B) the exhibits and maps attached to the document described in subparagraph (A); and (C) an exchange agreement to be entered into between the Secretary and BSL and made part of the document described in subparagraph (A). (7) Secretary.--The ``Secretary'' means the Secretary of Agriculture. SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION. (a) In General.--Notwithstanding any other provision of law, and subject to the terms and conditions of the Option Agreement-- (1) if BSL offers title acceptable to the Secretary to the BSL land-- (A) the Secretary shall accept a warranty deed to the BSL land and a quit claim deed to agreed to mineral interests in the BSL land; (B) the Secretary shall convey to BSL, subject to valid existing rights and to other terms, conditions, reservations, and exceptions as may be agreed to by the Secretary and BSL, fee title to the National Forest System land; and (C) the Secretary of the Interior shall convey to BSL, by patent or otherwise, subject to valid existing rights and other terms, conditions, reservations, and exceptions as may be agreed to by the Secretary of the Interior and BSL, fee title to the BLM land; (2) if BSL places title in escrow acceptable to the Secretary to 11\1/2\ sections of the BSL land in the Taylor Fork area as set forth in the Option Agreement-- (A) the Secretary shall place Federal land in the Bangtail and Doe Creek areas of the Gallatin National Forest, as identified in the Option Agreement, in escrow pending conveyance to the Secretary of the Taylor Fork land, as identified in the Option Agreement in escrow; (B) the Secretary, subject to the availability of funds, shall purchase 7\1/2\ sections of BSL land in the Taylor Fork area held in escrow and identified in the Option Agreement at a purchase price of $4,150,000; and (C) the Secretary shall acquire the 4 Taylor Fork sections identified in the Option Agreement remaining in escrow, and any of the 6 sections referred to in subparagraph (B) for which funds are not available, by providing BSL with timber sale receipts from timber sales on the Gallatin National Forest and other eastside national forests in the State of Montana in accordance with subsection (c); and (3)(A) as funds or timber sale receipts are received by BSL-- (i) the deeds to an equivalent value of BSL Taylor Fork land held in escrow shall be released and conveyed to the Secretary; and (ii) the escrow of deeds to an equivalent value of Federal land shall be released to the Secretary in accordance with the terms of the Option Agreement; or (B) if funds or timber sale receipts are not provided to BSL as provided in the Option Agreement, BSL shall be entitled to receive patents and deeds to an equivalent value of the Federal land held in escrow. (b) Valuation.-- (1) In general.--The property and other assets exchanged or conveyed by BSL and the United States under subsection (a) shall be approximately equal in value, as determined by the Secretary. (2) Difference in value.--To the extent that the property and other assets exchanged or conveyed by BSL or the United States under subsection (a) are not approximately equal in value, as determined by the Secretary, the values shall be equalized in accordance with methods identified in the Option Agreement. (c) Timber Sale Program.-- (1) In general.--The Secretary shall implement a timber sale program, according to the terms and conditions identified in the Option Agreement and subject to compliance with applicable environmental laws (including regulations), judicial decisions, memoranda of understanding, small business set-aside rules, and acts beyond the control of the Secretary, to generate sufficient timber receipts to purchase the portions of the BSL land in Taylor Fork identified in the Option Agreement. (2) Implementation.--In implementing the timber sale program-- (A) the Secretary shall provide BSL with a proposed annual schedule of timber sales; (B) as set forth in the Option Agreement, receipts generated from the timber sale program shall be deposited by the Secretary in a special account established by the Secretary and paid by the Secretary to BSL; (C) receipts from the Gallatin National Forest shall not be subject to the Act of May 23, 1908 (16 U.S.C. 500); and (D) the Secretary shall fund the timber sale program at levels determined by the Secretary to be commensurate with the preparation and administration of the identified timber sale program. (d) Rights-of-Way.--As specified in the Option Agreement-- (1) the Secretary, under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to BSL such easements in or other rights-of-way over National Forest System land for access to the land acquired by BSL under this Act for all lawful purposes; and (2) BSL shall convey to the United States such easements in or other rights-of-way over land owned by BSL for all lawful purposes, as may be agreed to by the Secretary and BSL. (e) Quality of Title.-- (1) Determination.--The Secretary shall review the title for the BSL land described in subsection (a) and, within 45 days after receipt of all applicable title documents from BSL, determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied and the quality of the title is otherwise acceptable to the Secretary of Agriculture; (B) all draft conveyances and closing documents have been received and approved; (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary; and (D) the title includes both the surface and subsurface estates without reservation or exception (except as specifically provided in this Act), including-- (i) minerals, mineral rights, and mineral interests (including severed oil and gas surface rights), subject to and excepting other outstanding or reserved oil and gas rights; (ii) timber, timber rights, and timber interests (except those reserved subject to section 251.14 of title 36, Code of Federal Regulations, by BSL and agreed to by the Secretary); (iii) water, water rights, ditch, and ditch rights; (iv) geothermal rights; and (v) any other interest in the property. (2) Conveyance of title.-- (A) In general.--If the quality of title does not meet Federal standards or is otherwise determined to be unacceptable to the Secretary of Agriculture, the Secretary shall advise BSL regarding corrective actions necessary to make an affirmative determination under paragraph (1). (B) Title to subsurface estate.--Title to the subsurface estate shall be conveyed by BSL to the Secretary in the same form and content as that estate is received by BSL from Burlington Resources Oil & Gas Company Inc. and Glacier Park Company. (f) Timing of Implementation.-- (1) Land-for-land exchange.--The Secretary shall accept the conveyance of land described in subsection (a) not later than 45 days after the Secretary has made an affirmative determination of quality of title. (2) Land-for-timber sale receipt exchange.--As provided in subsection (c) and the Option Agreement, the Secretary shall make timber receipts described in subsection (a)(3) available not later than December 31 of the fifth full calendar year that begins after the date of enactment of this Act. (3) Purchase.--The Secretary shall complete the purchase of BSL land under subsection (a)(3)(B) not later than 30 days after the date on which appropriated funds are made available and an affirmative determination of quality of title is made with respect to the BSL land. SEC. 5. OTHER FACILITATED EXCHANGES. (a) Authorized Exchanges.-- (1) In general.--The Secretary shall enter into the following land exchanges if the landowners are willing: (A) Wapiti land exchange, as outlined in the documents entitled ``Non-Federal Lands in Facilitated Exchanges'' and ``Federal Lands in Facilitated Exchanges'' and dated July 1998. (B) Eightmile/West Pine land exchange as outlined in the documents entitled ``Non-Federal Lands in Facilitated Exchanges'' and ``Federal Lands in Facilitated Exchanges'' and dated July 1998. (2) Equal Value.--Before entering into an exchange under paragraph (1), the Secretary shall determine that the parcels of land to be exchanged are of approximately equal value, based on an appraisal. (b) Section 1 of the Taylor Fork Land.-- (1) In general.--The Secretary is encouraged to pursue a land exchange with the owner of section 1 of the Taylor Fork land after completing a full public process and an appraisal. (2) Report.--The Secretary shall report to Congress on the implementation of paragraph (1) not later than 180 days after the date of enactment of this Act. SEC. 6. GENERAL PROVISIONS. (a) Minor Corrections.-- (1) In general.--The Option Agreement shall be subject to such minor corrections and supplemental provisions as may be agreed to by the Secretary and BSL. (2) Notification.--The Secretary shall notify the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and each member of the Montana congressional delegation of any changes made under this subsection. (3) Boundary adjustment.-- (A) In general.--The boundary of the Gallatin National Forest is adjusted in the Wineglass and North Bridger area, as described on maps dated July 1998, upon completion of the conveyances. (B) No limitation.--Nothing in this subsection limits the authority of the Secretary to adjust the boundary pursuant to section 11 of the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 521). (C) Allocation of land and water conservation fund moneys.--For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), boundaries of the Gallatin National Forest shall be considered to be the boundaries of the National Forest as of January 1, 1965. (b) Public Availability.--The Option Agreement-- (1) shall be on file and available for public inspection in the office of the Supervisor of the Gallatin National Forest; and (2) shall be filed with the county clerk of each of Gallatin County, Park County, Madison County, Granite County, Broadwater County, Meagher County, Flathead County, and Missoula County, Montana. (c) Compliance With Option Agreement.--The Secretary, the Secretary of the Interior, and BSL shall comply with the terms and conditions of the Option Agreement except to the extent that any provision of the Option Agreement conflicts with this Act. (d) Status of Land.--All land conveyed to the United States under this Act shall be added to and administered as part of the Gallatin National Forest and Deerlodge National Forest, as appropriate, in accordance with the Act of March 1, 1911 (5 U.S.C. 515 et seq.), and other laws (including regulations) pertaining to the National Forest System. (e) Management.-- (1) Public process.--Not later than 30 days after the date of completion of the land-for-land exchange under section 4(f)(1), the Secretary shall initiate a public process to amend the Gallatin National Forest Plan and the Deerlodge National Forest Plan to integrate the acquired land into the plans. (2) Process time.--The amendment process under paragraph (1) shall be completed as soon as practicable, and in no event later than 540 days after the date on which the amendment process is initiated. (3) Limitation.--An amended management plan shall not permit surface occupancy on the acquired land for access to reserved or outstanding oil and gas rights or for exploration or development of oil and gas. (4) Interim management.--Pending completion of the forest plan amendment process under paragraph (1), the Secretary shall-- (A) manage the acquired land under the standards and guidelines in the applicable land and resource management plans for adjacent land managed by the Forest Service; and (B) maintain all existing public access to the acquired land. (f) Restoration.-- (1) In general.--The Secretary shall implement a restoration program including reforestation and watershed enhancements to bring the acquired land and surrounding national forest land into compliance with Forest Service standards and guidelines. (2) State and local conservation corps.--In implementing the restoration program, the Secretary shall, when practicable, use partnerships with State and local conservation corps, including the Montana Conservation Corps, under the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). (g) Implementation.--The Secretary of Agriculture shall ensure that sufficient funds are made available to the Gallatin National Forest to carry out this Act. (i) Revocations.--Notwithstanding any other provision of law, any public orders withdrawing lands identified in the Option Agreement from all forms of appropriation under the public land laws are revoked upon conveyance of the lands by the Secretary. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate October 2, 1998. Attest: GARY SISCO, Secretary.

Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. (BSL) for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana. Directs the Secretary of Agriculture to: (1) implement a timber sale program to fund the purchase of specified (Taylor Fork) BSL land; (2) enter into specified land exchanges (Wapiti and Eightmile-West Pine); and (3) implement a restoration program for lands acquired under this Act. Encourages the Secretary to pursue a specified land exchange (section 1 of the Taylor Fork land). Authorizes appropriations.

Gallatin Land Consolidation Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Debris Act Amendments of 2012''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1951 et seq.), as in effect immediately before the enactment of this Act. SEC. 3. SHORT TITLE AMENDMENT. Section 1 (33 U.S.C. 1951 note) is amended by striking ``Research, Prevention, and Reduction''. SEC. 4. PURPOSE. Section 2 (33 U.S.C. 1951) is amended to read as follows: ``SEC. 2. PURPOSE. ``The purpose of this Act is to address the adverse impacts of marine debris on the United States economy, the marine environment, and navigation safety through identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.''. SEC. 5. NOAA MARINE DEBRIS PROGRAM. (a) Name of Program.-- (1) In general.--Section 3 (33 U.S.C. 1952) is amended-- (A) in the section heading by striking ``prevention and removal''; and (B) in subsection (a)-- (i) by striking ``Prevention and Removal Program to reduce and prevent'' and inserting ``Program to identify, determine sources of, assess, prevent, reduce, and remove''; (ii) by inserting ``the economy of the United States,'' after ``marine debris on''; and (iii) by inserting a comma after ``environment''. (2) Conforming amendment.--Paragraph (7) of section 7 (33 U.S.C. 1956) is amended by striking ``Prevention and Removal''. (b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is amended to read as follows: ``(b) Program Components.--The Administrator, acting through the Program and subject to the availability of appropriations, shall-- ``(1) identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety; ``(2) provide national and regional coordination to assist States, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris; ``(3) undertake efforts to reduce adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including-- ``(A) research and development of alternatives to gear posing threats to the marine environment, and methods for marking gear used in specific fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and ``(B) development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery; and ``(4) undertake outreach and education of the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identify, determine sources of, assess, prevent, reduce, and remove marine debris and its adverse impacts on the United States economy, the marine environment, and navigational safety, including outreach and education activities through public- private initiatives.''. (c) Repeal.--Section 2204 of the Marine Plastic Pollution Research and Control Act of 1987 and the item relating to that section in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 (33 U.S.C. 1915) are repealed. (d) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C. 1952(c)) is amended-- (1) in paragraph (1), by striking ``section 2(1)'' and inserting ``section 2''; (2) by repealing paragraph (5); and (3) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6). SEC. 6. REPEAL OF OBSOLETE PROVISIONS. Section 4 (33 U.S.C. 1953) is amended-- (1) by striking ``(a) Strategy.--''; and (2) by repealing subsections (b) and (c). SEC. 7. AMENDMENTS TO DEFINITIONS. (a) Interagency Marine Debris Coordinating Committee.-- (1) In general.--Except as provided in subsection (b), section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is redesignated and moved to replace and appear as section 5 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1954). (2) Clerical amendment.--The item relating to section 2203 in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 is repealed. (b) Biennial Progress Reports.--Section 5(c)(2) (33 U.S.C. 1954(c)(2)), as in effect immediately before the enactment of this Act-- (1) is redesignated as subsection (e) of section 5, as redesignated and moved by the amendment made by subsection (a) of this section; and (2) is amended-- (A) by striking ``Annual progress reports.--'' and all that follows through ``thereafter'' and inserting ``Biennial Progress Reports.--Bienially''; (B) by inserting ``Natural'' before ``Resources''; (C) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5) of such subsection; and (D) by moving such subsection 2 ems to the left. SEC. 8. CONFIDENTIALITY OF SUBMITTED INFORMATION. Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the fishing industry''. SEC. 9. MARINE DEBRIS DEFINITION. Section 7 (33 U.S.C. 1956) is amended-- (1) by redesignating paragraph (3) as paragraph (9), and moving such paragraph to appear after paragraph (8); and (2) by inserting after paragraph (2) the following: ``(3) Marine debris.--The term `marine debris' means any persistent solid material that is manufactured or processed and directly or indirectly, and intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 9 (33 U.S.C. 1958) is amended-- (1) by striking ``are'' and inserting ``is''; (2) by striking ``2006 through 2010'' and all that follows through ``(1)'' and inserting ``through fiscal year 2015''; (3) in paragraph (1), by striking ``$10,000,000'' and inserting ``$4,900,000''; and (4) by striking ``; and'' and all that follows through the end of paragraph (2) and inserting a period. Passed the House of Representatives August 1, 2012. Attest: KAREN L. HAAS, Clerk.

Marine Debris Act Reauthorization Amendments of 2012 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act. (Sec. 3) Renames such Act as the Marine Debris Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove the occurrence and adverse impacts of marine debris on the U.S. economy, the marine environment, and navigation safety. (Sec. 5) Revises Program components, including by requiring the Administrator of NOAA to provide national and regional coordination to assist states, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. Amends the Marine Plastic Pollution Research and Control Act of 1987 to repeal the plastic pollution public education program. (Sec. 7) Replaces provisions of the Marine Debris Program concerning interagency coordination with provisions establishing the Interagency Marine Debris Coordinating Committee under the Marine Plastic Pollution Research and Control Act of 1987. Requires such Committee to submit biennial (currently annual) progress reports. (Sec. 8) Requires the Administrator to ensure the confidentiality of information submitted into the federal information clearinghouse on marine debris. (Currently, the Administrator is required to take steps to ensure the confidentiality of only such information that is submitted by the fishing industry.) (Sec. 9) Defines the term "marine debris" as any persistent solid material that is manufactured or processed and disposed of or abandoned into the marine environment or the Great Lakes.

To reauthorize and amend the Marine Debris Research, Prevention, and Reduction Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Needs Assessment and Program Evaluation Act of 2001''. SEC. 2. FINDINGS, PURPOSES. (a) Findings.--Congress finds that-- (1) the United States and the Indian tribes have a unique legal and political government-to-government relationship; (2) pursuant to the Constitution, treaties, statutes, Executive orders, court decisions, and course of conduct, the United States has a trust obligation to provide certain services to Indian tribes and to Indians; (3) Federal departments and agencies charged with administering programs and providing services to, or for the benefit of, Indians have not furnished Congress with adequate information necessary to assess such programs on the needs of Indians and Indian tribes; (4) such lack of information has hampered the ability of Congress to determine the nature, type, and magnitude of such needs as well as its ability to respond to them; and (5) Congress cannot properly fulfill its obligation to Indian tribes and Indian people unless and until it has an adequate store of information related to the needs of Indians nationwide. (b) Purposes.--The purposes of this Act are to-- (1) ensure that Indian needs for Federal programs and services are known in a more certain and predictable fashion; (2) require that Federal departments and agencies carefully review and monitor the effectiveness of the programs and services provided to Indians; (3) provide for more efficient and effective cooperation and coordination of, and accountability from, the Federal departments and agencies providing programs and services, including technical and business development assistance, to Indians; and (4) provide Congress with reliable information regarding Indian needs and the evaluation of Federal programs and services provided to Indians nationwide. SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT. (a) Indian Tribal Needs Assessments.-- (1) Immediate assessment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall contract with an appropriate entity, in consultation and coordination with the Indian tribes, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, the Secretary of Veterans Affairs, the Attorney General, the Administrator of the Environmental Protection Agency, and the heads of any other relevant Federal departments or agencies, for the development of a uniform method and criteria, and uniform procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians by each such department or agency. The needs assessment shall address, but not be limited to, the following: (i) The location of the service area of each program. (ii) The size of the service area of each program. (iii) The total population of each tribe located in the service area. (iv) The total population of members of other tribes located in the service area. (v) The availability of similar programs within the geographical area to tribes or tribal members. (vi) The socio-economic conditions that exist within the service area. (B) Consultation.--The contractor shall consult with tribal governments in establishing and conducting the needs assessment required under subparagraph (A). (2) Ongoing federal needs assessments.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, each Federal department or agency, in coordination with the Secretary of the Interior, shall conduct an Indian Needs Assessment (in this Act referred to as the ``INA'') aimed at determining the actual needs of Indian tribes and Indians eligible for programs and services administered by such department or agency. (B) Submission to congress.--Not later than February 1 of any year in which an INA is required to be conducted under subparagraph (A), a copy of the INA shall be submitted to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (b) Federal Agency Indian Tribal Program Evaluation.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall develop a uniform method and criteria, and uniform procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning-- (A) the annual expenditures of the department or agency for programs and services for which Indians are eligible, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; (B) services or programs specifically for the benefit of Indians, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; and (C) the department or agency method of delivery of such services and funding, including a detailed explanation of the outreach efforts of each agency or department to Indian tribes. (2) Submission to Congress.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal department or agency responsible for providing services or programs to, or for the benefit of, Indian tribes or Indians shall file an Annual Indian Program Evaluation (in this Act referred to as the ``AIPE'') with the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (c) Annual Listing of Tribal Eligible Programs.--Not later than February 1 of each calendar year, each Federal department or agency described in subsection (b)(2), shall develop and publish in the Federal Register a list of all programs and services offered by such department or agency for which Indian tribes or their members are or may be eligible, and shall provide a brief explanation of the program or service. (d) Confidentiality.--Any information received, collected, or gathered from Indian tribes concerning program function, operations, or need in order to conduct an INA or an AIPE shall be used only for the purposes of this Act set forth in section 2(b). SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall develop and submit to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate a report detailing the coordination of Federal program and service assistance for which Indian tribes and their members are eligible. (b) Strategic Plan.--Not later than 30 months after the date of enactment of this Act, the Secretary of the Interior, in consultation and coordination with the Indian tribes, shall file a Strategic Plan for the Coordination of Federal Assistance for Indians (in this Act referred to as the ``Strategic Plan''). (c) Contents of Strategic Plan.--The Strategic Plan required under subsection (b) shall contain the following: (1) Identification of reforms necessary to the laws, regulations, policies, procedures, practices, and systems of the Federal departments or agencies involved. (2) Proposals for implementing the reforms identified in the Strategic Plan. (3) Any other recommendations that are consistent with the purposes of this Act set forth in section 2(b). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2002 and each fiscal year thereafter, such sums as are necessary to carry out this Act.

Indian Needs Assessment and Program Evaluation Act of 2001 - Directs the Secretary of the Interior to contract with an appropriate entity to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide.Requires Federal departments and agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies.Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) Federal annual expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) Federal methods of delivery of services and funding.Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file Annual Indian Program Evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible.Directs the Secretary to file a Strategic Plan for the Coordination of Federal Assistance for Indians.

A bill to provide for periodic Indian needs assessments, to require Federal Indian program evaluations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kidney Disease Educational Benefits Act of 2002''. SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES. (a) Coverage of Kidney Disease Education Services.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (U), by striking ``and'' at the end; (ii) in subparagraph (V)(iii), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(W) kidney disease education services (as defined in subsection (ww));''; and (B) by adding at the end the following new subsection: ``Kidney Disease Education Services ``(ww)(1) The term `kidney disease education services' means educational services that are-- ``(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; ``(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and ``(C) designed-- ``(i) to provide comprehensive information regarding-- ``(I) the management of comorbidities; ``(II) the prevention of uremic complications; and ``(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis in a center or at home (including vascular access options), and transplantation); and ``(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. ``(2) The term `qualified person' means-- ``(A) a physician (as described in subsection (r)(1)); ``(B) an individual who-- ``(i) is-- ``(I) a registered nurse; ``(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); ``(III) a clinical social worker (as defined in subsection (hh)(1)); or ``(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)); and ``(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) meet the requirements of subparagraph (A) or (B). ``(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. ``(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services. ``(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). ``(6) Not later than April 1, 2003, and annually thereafter, the Secretary shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in paragraph (1)) and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of this subsection.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``, (2)(W)'', after ``(2)(S)''. (3) Payment to renal dialysis facilities.--Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(12) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act.

Kidney Disease Educational Benefits Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide coverage for kidney disease education services furnished, upon the managing physician's referral, to an individual with kidney disease who will require dialysis or a kidney transplant. Requires such services to: (1) impart comprehensive information regarding management, prevention, and options regarding treatment of kidney disease; and (2) ensure that such individuals have the opportunity to participate actively in the choice of therapy.

A bill to amend title XVIII of the Social Security Act to provide coverage for kidney disease education services under the medicare program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2003''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by inserting after paragraph (28) the following new paragraph: ``(29) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act.

Public Safety and Protection Investment Act of 2003 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security devices.

To amend the Internal Revenue Code of 1986 to allow businesses to expense qualified security devices.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (2) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (3) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic and community influences from an interdisciplinary, family- centered and community-based approach. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by title I of Public Law 106-525, is amended-- (1) in section 401(b)(2) (42 U.S.C. 281(b)(2)), by adding at the end the following: ``(H) The National Center for Social Work Research.''; and (2) in part E (42 U.S.C. 287 et seq.), by adding at the end the following: ``Subpart 7--National Center for Social Work Research ``SEC. 485J. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of targeted research on social work methods and outcomes related to problems of significant social concern. The Center shall promote research and training designed to inform social work practice, thus increasing the knowledge base which promotes a healthier America. In addition, the Center shall provide policymakers with empirically-based research information to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. ``SEC. 485K. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485J, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, the association of socioeconomic status, gender, ethnicity, age, and geographical location and health, the social work care of persons with and families of individuals with acute and chronic illnesses, child abuse, neglect, and youth violence, and child and family care to address problems of significant social concern especially in underserved populations and underserved geographical areas. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485L. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary of Health and Human Services, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, the Director of the Division of Epidemiology and Services Research, the Assistant Secretary of Health and Human Services for the Administration for Children and Families, the Assistant Secretary of Education for the Office of Educational Research and Improvement, the Assistant Secretary of Housing and Urban Development for Community Planning and Development, and the Assistant Attorney General for Office of Justice Programs (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485M-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485M. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485L(g). ``SEC. 485N. QUARTERLY REPORT. ``The Director of the Center shall prepare a quarterly report to Congress with a summary of findings and policy implications from research conducted or supported through the Center. ``SEC. 485O. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this subpart, there is authorized to be appropriated $30,000,000 for each of the fiscal years 2002 through 2006.''.

National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research (and a related advisory council) to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern.Sets forth reporting requirements.

To amend the Public Health Service Act to provide for the establishment of a National Center for Social Work Research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Protection of Privacy Act''. SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION IMPACTS ON INDIVIDUAL PRIVACY. (a) In General.--Title 5, United States Code, is amended by adding after section 553 the following new section: ``Sec. 553a. Privacy impact analysis in rulemaking ``(a) Initial Privacy Impact Analysis.-- ``(1) In general.--Whenever an agency is required by section 553 of this title, or any other law, to publish a general notice of proposed rulemaking for any proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, the agency shall prepare and make available for public comment an initial privacy impact analysis. Such analysis shall describe the impact of the proposed rule on the privacy of individuals. The initial privacy impact analysis or a summary shall be signed by the senior agency official with primary responsibility for privacy policy and be published in the Federal Register at the time of the publication of a general notice of proposed rulemaking for the rule. ``(2) Contents.--Each initial privacy impact analysis required under this subsection shall contain the following: ``(A) A description and assessment of the extent to which the proposed rule will impact the privacy interests of individuals, including the extent to which the proposed rule-- ``(i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; ``(ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; ``(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and ``(iv) provides security for such information. ``(B) A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant privacy impact of the proposed rule on individuals. ``(b) Final Privacy Impact Analysis.-- ``(1) In general.--Whenever an agency promulgates a final rule under section 553 of this title, after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States, the agency shall prepare a final privacy impact analysis, signed by the senior agency official with primary responsibility for privacy policy. ``(2) Contents.--Each final privacy impact analysis required under this subsection shall contain the following: ``(A) A description and assessment of the extent to which the final rule will impact the privacy interests of individuals, including the extent to which the proposed rule-- ``(i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; ``(ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; ``(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and ``(iv) provides security for such information. ``(B) A summary of the significant issues raised by the public comments in response to the initial privacy impact analysis, a summary of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such issues. ``(C) A description of the steps the agency has taken to minimize the significant privacy impact on individuals consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the privacy interests of individuals was rejected. ``(3) Availability to public.--The agency shall make copies of the final privacy impact analysis available to members of the public and shall publish in the Federal Register such analysis or a summary thereof. ``(c) Procedure for Waiver or Delay of Completion.--An agency head may waive or delay the completion of some or all of the requirements of subsections (a) and (b) to the same extent as the agency head may, under section 608, waive or delay the completion of some or all of the requirements of sections 603 and 604, respectively. ``(d) Procedures for Gathering Comments.--When any rule is promulgated which may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals, the head of the agency promulgating the rule or the official of the agency with statutory responsibility for the promulgation of the rule shall assure that individuals have been given an opportunity to participate in the rulemaking for the rule through techniques such as-- ``(1) the inclusion in an advance notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals; ``(2) the publication of a general notice of proposed rulemaking in publications of national circulation likely to be obtained by individuals; ``(3) the direct notification of interested individuals; ``(4) the conduct of open conferences or public hearings concerning the rule for individuals, including soliciting and receiving comments over computer networks; and ``(5) the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by individuals. ``(e) Periodic Review of Rules.-- ``(1) In general.--Each agency shall carry out a periodic review of the rules promulgated by the agency that have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals. Under such periodic review, the agency shall determine, for each such rule, whether the rule can be amended or rescinded in a manner that minimizes any such impact while remaining in accordance with applicable statutes. For each such determination, the agency shall consider the following factors: ``(A) The continued need for the rule. ``(B) The nature of complaints or comments received from the public concerning the rule. ``(C) The complexity of the rule. ``(D) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. ``(E) The length of time since the rule was last reviewed under this subsection. ``(F) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the rule was last reviewed under this subsection. ``(2) Plan required.--Each agency shall carry out the periodic review required by paragraph (1) in accordance with a plan published by such agency in the Federal Register. Each such plan shall provide for the review under this subsection of each rule promulgated by the agency not later than 10 years after the date on which such rule was published as the final rule and, thereafter, not later than 10 years after the date on which such rule was last reviewed under this subsection. The agency may amend such plan at any time by publishing the revision in the Federal Register. ``(3) Annual publication.--Each year, each agency shall publish in the Federal Register a list of the rules to be reviewed by such agency under this subsection during the following year. The list shall include a brief description of each such rule and the need for and legal basis of such rule and shall invite public comment upon the determination to be made under this subsection with respect to such rule. ``(f) Judicial Review.-- ``(1) In general.--For any rule subject to this section, an individual who is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b). ``(2) Jurisdiction.--Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b). ``(3) Limitations.-- ``(A) An individual may seek such review during the period beginning on the date of final agency action and ending 1 year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of 1 year, such lesser period shall apply to an action for judicial review under this subsection. ``(B) In the case where an agency delays the issuance of a final privacy impact analysis pursuant to subsection (c), an action for judicial review under this section shall be filed not later than-- ``(i) 1 year after the date the analysis is made available to the public; or ``(ii) where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the analysis is made available to the public. ``(4) Relief.--In granting any relief in an action under this subsection, the court shall order the agency to take corrective action consistent with this section and chapter 7, including, but not limited to-- ``(A) remanding the rule to the agency; and ``(B) deferring the enforcement of the rule against individuals, unless the court finds that continued enforcement of the rule is in the public interest. ``(5) Rule of construction.--Nothing in this subsection shall be construed to limit the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the requirements of this subsection. ``(6) Record of agency action.--In an action for the judicial review of a rule, the privacy impact analysis for such rule, including an analysis prepared or corrected pursuant to paragraph (4), shall constitute part of the entire record of agency action in connection with such review. ``(7) Exclusivity.--Compliance or noncompliance by an agency with the provisions of this section shall be subject to judicial review only in accordance with this subsection. ``(8) Savings clause.--Nothing in this subsection bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise permitted by law. ``(g) Definition.--For purposes of this section, the term `personally identifiable information' means information that can be used to identify an individual, including such individual's name, address, telephone number, photograph, social security number or other identifying information. It includes information about such individual's medical or financial condition.''. (b) Periodic Review Transition Provisions.-- (1) Initial plan.--For each agency, the plan required by subsection (e) of section 553a of title 5, United States Code (as added by subsection (a)), shall be published not later than 180 days after the date of the enactment of this Act. (2) In the case of a rule promulgated by an agency before the date of the enactment of this Act, such plan shall provide for the periodic review of such rule before the expiration of the 10-year period beginning on the date of the enactment of this Act. For any such rule, the head of the agency may provide for a 1-year extension of such period if the head of the agency, before the expiration of the period, certifies in a statement published in the Federal Register that reviewing such rule before the expiration of the period is not feasible. The head of the agency may provide for additional 1-year extensions of the period pursuant to the preceding sentence, but in no event may the period exceed 15 years. (c) Congressional Review.--Section 801(a)(1)(B) of title 5, United States Code, is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (2) by inserting after clause (ii) the following new clause: ``(iii) the agency's actions relevant to section 553a;''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 553 the following new item: ``553a. Privacy impact analysis in rulemaking.''. Passed the House of Representatives October 7, 2002. Attest: Clerk.

Federal Agency Protection of Privacy Act - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or for an interpretative rule involving the internal revenue laws, to prepare, make available for public comment, and publish an initial analysis describing the rule's impact on the privacy of individuals; and (2) when promulgating the final rule, to prepare, make publicly available, and publish a final privacy impact analysis that includes a summary of the significant issues raised by and changes made pursuant to public comments on the initial analysis. Allows an agency head to waive or delay the completion of some or all of such requirements to the same extent such agency head may waive or delay completion of requirements for initial and final regulatory flexibility analyses.Requires the head of an agency promulgating a rule that may have a significant privacy impact on individuals or on a substantial number of individuals to use specified techniques to assure that individuals have been given an opportunity to participate in the rulemaking.Requires each agency to: (1) carry out a periodic review of promulgated rules that have such impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years after the rule was published as a final rule; and (3) publish annually a list of the rules to be reviewed.Sets forth provisions governing judicial review of agency compliance with this Act.Requires submission of an agency's actions under this Act for congressional review.

To amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes.

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